10/27/06

Media consortium loses bid to force Ohio to clarify guidelines on exit polling


By JULIE CARR SMYTH
Associated Press Writer

COLUMBUS, Ohio (AP) -- A federal judge who had struck down state rules on conducting exit polls ruled Friday that revised guidelines for the practice are legal, rejecting a call for clarification by national news media.

ABC, CNN, CBS, Fox News, NBC and The Associated Press sued Monday, arguing that Secretary of State Ken Blackwell's latest directive, which stated that loitering and delaying voters are prohibited, was confusing.

Later -- and in smaller type -- Blackwell's order noted that exit polling was legal.

U.S. District Judge Michael H. Watson last month ordered the new rules when he struck down Blackwell's 2004 order against exit polling within 100 feet of a voting place.

The news outlets had asked Watson to spell out the rules for county election boards and force Blackwell to post them so media can interview voters leaving polling places Nov. 7.

In his decision Friday, Watson needled Blackwell's office for noting Watson's earlier decree in smaller type but said the posting is still legal.

The media group has jointly conducted exit polls for numerous elections, using results to project winners in key races and to analyze political and social trends.

In a filing Friday, the news groups said Blackwell took more effort to defend himself than comply with the court's injunction.

Blackwell's lawyers' response called the media protests "much ado about nothing" and said their only purpose "is to harass the Secretary and hinder him in his administration of the upcoming election."

Susan Buckley, a lawyer for the plaintiffs, said the news outlets will not appeal but will take pains to clarify the issue with county election boards overseeing the polls.

"We'll make sure the court's decision of Sept. 25 is very widely disseminated in Ohio," she said. "We want to be sure they understand that there are no distance restrictions in force for exit polling in Ohio."