Florida election law appears to ban protected newsgathering at polling places

Ahead of the midterm elections, attorneys from Reporters Committee and the law firm Shullman Fugate PLLC are warning Florida election officials not to unconstitutionally enforce a law that restricts any person, including journalists, from asking questions of voters within 150 feet of a polling place.

On behalf of Miami-based journalist Abel Fernández, the attorneys sent a letter to Florida election officials on Oct. 13 raising serious concerns about a Florida statute that bans “solicitation” around polls, but defines solicitation to include “seeking or attempting to seek … any fact” or “opinion” from a voter within the buffer zone. The law’s provisions, the letter argues, are “extraordinarily overbroad” and appear to ban protected newsgathering. 

The law’s restrictions on speech go well beyond what is necessary to ensure free, fair, and safe elections, the letter adds.

The letter notes that Fernández was unconstitutionally expelled from the vicinity of a polling place while conducting interviews on Election Day last year, apparently pursuant to the law. Fernández says he is concerned that law enforcement officials could again use the statute to interfere with his reporting on this year’s elections, even though his coverage does nothing to disrupt the voting process. 

“Interviewing voters is an essential part of covering an election,” Fernández said. “Journalists should be able to report without interference. I hope this letter helps ensure that what happened to me does not happen to other reporters.”

In the letter, attorneys from Reporters Committee and Sullman Fugate conclude that the potential for enforcement of the law against Fernández or any other journalist “is deeply concerning, and risks yet another violation of the First Amendment. We urge you to take all possible steps to ensure that Florida poll workers and law enforcement officials tasked with maintaining order on Election Day do not unconstitutionally expel reporters from the vicinity of polling places, and permit them to engage in peaceful, unobstructive interviews with voters willing to speak with them.”