Photos at the Polls: The Rights of Voters and the Media in Virginia

This article was originally published Aug. 23.

It started with routine visits to the polls. I walked into the various precincts and introduced myself, explaining that I was the editor of the Lake Ridge-Occoquan Patch and I just wanted to see how many voters had come in, and maybe take a photo of the line (or the empty room).

I had no trouble until I visited the Woodbridge Senior High School polling location in the Old Bridge precinct at about 5 p.m. I walked in and introduced myself right away to the first election official I saw. When I told him I would like to ask about the number of voters and take one photo of the area, he directed me to the chief.

I introduced myself to the chief and told her of my mission. She said it was illegal for me to take photos in the area. According to Virginia law, this is not true. She then said that I could not take any photos of her. Since according to the segment of Virginia Code quoted below, it is illegal to photograph any person at a polling location who specifically asks not to be photographed, I said that certainly, I would not take her photo.

I said that I only wanted to take a photo of the room. At the time, no voters were present, and even had there been, I would not have taken any photos that demonstrated or implied how they voted, according to Virginia law. She agreed that I could take a photo of the room, and informed me that so far, about 200 voters had stopped by.

As she went to fetch a more accurate number of voters, I took a general photo of the room, with some election officials in the room (not, however, with the chief, since she had requested not to be photographed.) At that point, one of the election officials pointed at me in alarm.

"She's taking your photograph!" she said to another official.

The official looked at me and said, "In class, we were told not to allow any photographs!" (I'm not sure which class they're taking, but if her statement is true, they're not being taught according to Virginia Code.)

The chief looked up from her paperwork. "I told you not to take any photographs!" she said, contrary to her previous statement that I could take a general photo of the room.

Two of the officials then told me I would have to delete the photograph.

Now truly annoyed, I turned to leave. I had the number of voters that had stopped by, and that was all I needed.

The election official who I met first tried to stop me.

"Wait, why are you leaving? You can't leave!" he said.

I explained that I had what I needed, and I left the building.

I got into my ancient car and slowly drove out of the parking lot. This same election official walked out of the school building and used his camera to take a picture of my license plate.

That, frankly, was the last straw.

Any limitations on photography at a polling place are to protect the rights and privacy of voters' choices on the ballot or to protect the privacy of any person who specifically requests not to be photographed. Election officials are supposed to safeguard the privacy of the ballots and the independence of the voter's vote. They are not supposed to obstruct the free flow of appropriate information.

The relevant segments of Virginia Code are below:

According to Virginia Code § 24.2-604(J): The officers of election shall permit representatives of the news media to visit and film or photograph inside the polling place for a reasonable and limited period of time while the polls are open. However, the media (i) shall comply with the restrictions in subsections A* and D** of this section; (ii) shall not film or photograph any person who specifically asks the media representative at that time that he not be filmed or photographed; (iii) shall not film or photograph the voter or the ballot in such a way that divulges how any individual voter is voting; and (iv) shall not film or photograph the voter list or any other voter record or material at the precinct in such a way that it divulges the name or other information concerning any individual voter. Any interviews with voters, candidates or other persons, live broadcasts, or taping of reporters' remarks, shall be conducted outside of the polling place and the prohibited area. The officers of election may require any person who is found by a majority of the officers present to be in violation of this subsection to leave the polling place and the prohibited area.

*A. During the times the polls are open and ballots are being counted, it shall be unlawful for any person (i) to loiter or congregate within 40 feet of any entrance of any polling place; (ii) within such distance to give, tender, or exhibit any ballot, ticket, or other campaign material to any person or to solicit or in any manner attempt to influence any person in casting his vote; or (iii) to hinder or delay a qualified voter in entering or leaving a polling place.

**D. It shall be unlawful for any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attempt to influence any person in casting his vote; (iv) hinder or delay any officer of election; or (v) otherwise impede the orderly conduct of the election.