AP, Networks Challenge S.D. Law

AP, ABC, Fox News Channel, CBS, CNN File Suit vs. South Dakota Law Preventing Exit Polling Within 100 Feet of Polling Places

By John Eggerton -- Broadcasting & Cable, 5/14/2008 10:49:00 AM

According to AP, it joined with the major broadcast and cable news networks to file suit against a South Dakota law that they said infringes on speech and their ability to report on elections.

The law prevents exit polling within 100 feet of a polling place, which AP and the others argued limits their ability to gather information and comment on it. They also said they have conducted exit polling within 100 feet in the state before.

According to AP, the South Dakota secretary of state recently sent an e-mail to polling representatives saying that the law should be enforced. The networks said the restriction will hurt the sample because some people may be able to leave without the networks having the opportunity to question them.

The South Dakota primary is June 3, so the networks are seeking an expedited ruling from a federal court to enjoin the state from enforcing the law for the primary.

Joining in the suit, according to AP, were ABC, Fox News Channel, CBS and CNN, who together comprise the National Election Pool, a consortium of news organizations that has teamed up for vote counts and election analysis.