SENATE BILL REPORT

SB 5725

BYSenators Newhouse and Madsen; by request of Secretary of State

Regulating polling place activities.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 16, 1989

Senate Staff:Desley Brooks (786-7443)

AS OF FEBRUARY 15, 1989

BACKGROUND:

Last year representatives of the media filed a suit, in district court, challenging the Washington State exit poll statute on the grounds that the statute violated the 1st and 14th Amendments to the United States Constitution.  The statute provides, in part, that certain activities are prohibited within 300 feet of a polling place on election day.  The district court upheld the statute.  The case was appealed to the U.S. Court of Appeals which reversed the district court and remanded the case for trial.  On remand the district court ruled that the statute was unconstitutional.

SUMMARY:

Campaign activities are prohibited within 300 feet of the entrance to polling places.  Activities involving constitutionally protected speech, such as survey-taking, are permitted inside the 300-foot zone, but individuals involved in this activity may be subject to identification and disclosure requirements.  It is illegal to interfere with voters on their way to the polls.  Activities not directly related to the conduct of the election are prohibited within the actual polling place.

"Electioneering" is defined as any attempt to influence persons to vote in support of, or in opposition to, any candidate, political party, or ballot measure, by either oral or visual means.  "Polling place" is defined as room or rooms in which the voting for a precinct or group of combined precincts is conducted on the day of a primary, special election, or general election.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested