Campaign Free Buffer Zones

Poll Worker Conduct Outside Polling Places

Campaign-Free Buffer Zones

Many states have laws that prohibit campaign activities within specified distances of polling places on Election Day (See generally Restrictions on Electioneering Near Polling Places, National Conference of State Legislatures (Nov. 19, 2018)). These buffer zones are designed to prevent voters from being harassed or intimidated as they enter or leave the polling place.

Poll Worker Status

The people waiting outside the polling station are usually volunteers for the candidates (See generally Poll Worker Guidance, U.S. Election Assistance Commission (2020)). They are not allowed to engage in any campaign activities within the buffer zone. However, they may answer voters' questions about the candidates or the voting process.

Political Speech Near Polling Places

The Supreme Court has held that the First Amendment generally protects political speech near polling places (See Randall v. Sorrell, 528 U.S. 446 (1999)). However, the Court has also recognized that states have a legitimate interest in preventing voter intimidation and harassment. As a result, states may impose reasonable restrictions on political speech near polling places. Most states allow some form of campaign activity near polling places, but they typically place restrictions on the time, place, and manner of such activity. For example, some states prohibit campaign workers from distributing literature or wearing campaign clothing within a certain distance of the polling place. Others prohibit campaign workers from using loudspeakers or bullhorns near the polling place.

Conclusion

The rules governing campaign activities near polling places vary from state to state. However, the general rule is that states may impose reasonable restrictions on such activities in order to prevent voter intimidation and harassment.