NJ court reinstates voting site buffer zone

BETH DeFALCO
Associated Press Writer

TRENTON, N.J. (AP) — The New Jersey Supreme Court kept in place on Wednesday a ban on distributing leaflets or other materials within 100 feet of a polling place and went a step further by reinstating a ban on exit polls.

The court said prohibiting such activities will ensure that voters feel absolutely no obstructions to casting their ballots.

The ban on approaching voters, first created in 1972, was amended in 2007 by the state attorney general to allow for exit polling by journalists.

The American Civil Liberties Union of New Jersey argued that it, too, should be allowed to approach voters. The ACLU had sought to give voters a card that explains voting rights and provides a number to call if there are problems with registration or voting.

The group petitioned the attorney general for permission to hand out the cards, but according to the state, if ACLU workers were allowed past the 100-foot border, other groups would also be permitted.

The ACLU appealed. On Wednesday, the high court denied their request and revoked the exit polling exemption.

"The Legislature did not intend that, in the last 100 feet leading to the polling place, a voter would have to run, or walk, a gauntlet of hawkers, hustlers, and protesters, or even pollsters shooting questions and voting-rights advocates handing out cards," Justice Barry Albin wrote in the court's unanimous decision.

Some justices wondered whether overturning the ban could attract hate groups, political parties and other activists. Justice Barry Albin said that, hypothetically, with so many people at the polls, it could be difficult to police the sites.

ACLU-NJ president Frank Corrado, who argued the case for the group, said he thinks the ruling may be among the most restrictive in the nation.

"This decision marks dark territory for free speech and voting rights in New Jersey," he said. "We're disappointed that the state Supreme Court would ban fundamental democratic activities like voter education and exit polling."

In many places, voters can park within 100 feet of a polling site and would be all but unapproachable by exit pollsters and others.

Corrado said the ACLU is considering whether to appeal.

Public Advocate Ronald K. Chen said the total ban would hamper civil rights groups from collecting information voters about how they were treated at the polls.

"A total ban on expression within 100 feet of the polls on Election Day will make it more difficult to educate voters about their rights when they most need it — as they enter the polls," Chen said. "While the court viewed the case as a contest between free speech and voting rights, the total ban the court imposed could pose a threat to both of these fundamental rights."