A sign at the Legends Center in Northwest Jacksonville advises people how to report problems on Election Day, Tuesday, Aug. 20, 2024. | Will Brown, Jacksonville Today
Published on August 21, 2024 at 3:52 pm
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Q. A Jacksonville Today reader, Courtney S., wants to know whether it’s legal for political groups to hang out near polling locations and hand out pamphlets to voters
“Is it legal for them to be in the parking lot? Is it legal for them to ask voters if they want a conservative Christian voting guide?”
A. Yes, as long as they’re at least 150 feet from the entrance to a polling location and they’re not harassing or threatening voters.
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Courtney’s question referred to the primary election Tuesday, but it’s equally germane to the general election in November.
Chris Hand, a government law attorney, says state law allows for a 150-foot buffer zone between a polling location’s entrance and where people can campaign. It’s designed to give voters a safe space before they cast a ballot.
“People certainly have the right to advocate for their positions. They have a right to distribute literature, as long as they do so in lawful ways and not unruly ways,” Hand says. “It’s that balance between our First Amendment freedoms and the desire to — close to the polling area — give voters some ability to reflect on their choices without any further campaigning.”
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The “exclusion zone” starts at a polling location’s entrance and extends 150 feet in all directions.
Florida Statute 102.031 says anyone inside the 150-foot zone cannot hand out campaign material, conduct a poll unless the voter has already cast a ballot, get someone to sign a petition, sell any item or engage in any activity intending to influence or affect a voter.
A supervisor of election’s office can get law enforcement to remove anyone who is unruly within the 150-foot zone around a polling location’s entrance.
Hand suggests that if you feel a policital group is behaving inappropriately, you can report it to a local supervisor of elections office. But if there is any illegal activity like someone blocking a voter or harassing a voter, then that would need to be reported to law enforcement.
“Try not to let anything dissuade you from voting,” Hand says. “It is the most important form of effective citizenship, the most fundamental way we shape the futures of our communities.”
