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When I voted early on Saturday at Carson City’s courthouse, I noticed a small sign on the corridor wall reminding people that Nevada law prohibits photos in polling places.
That’s true as far as it goes.
The statute excepts the working press. Here it is:
NRS 293.274 Members of general public allowed to observe conduct of voting at polling place; photographing or otherwise recording conduct of voting by members of general public prohibited.
1. The county clerk shall allow members of the general public to observe the conduct of voting at a polling place.
2. A member of the general public shall not photograph the conduct of voting at a polling place or record the conduct of voting on audiotape or any other means of sound or video reproduction.
3. For the purposes of this section, a member of the general public does not include any person who:
(a) Gathers information for communication to the public;
(b) Is employed or engaged by or has contracted with a newspaper, periodical, press association, or radio or television station; and
(c) Is acting solely within his or her professional capacity.
(Added to NRS by 1995, 2772; A 1999, 264)
A roundup by the Associated Press last week explored an engaging angle by asking ‘Can you take a selfie at the polls?’ The answer for Nevada was, correctly, no. But the story unfortunately added a line that said photos were OK for “the media.”
I quibble.
As you see, the statute specifically says newspapers, TV stations, radio stations, periodicals and me (as the only press association in the state).
That raised a question for Patrick File, who teaches journalism at the University of Nevada, Reno: What about his students?
We talked it over a bit and decided they likely have nothing to worry about, as long as they follow the advice I give other reporters and photographers heading for the polls. (Keep in mind, neither of us is an attorney.)
- Have a copy of the statute handy, on your phone or in your pocket. Experienced election officials are usually aware of the exception, but every two years we find a few who aren’t. Don’t argue; just point to the law.
- It doesn’t hurt to check in with the election official in charge before you start.
- Respect the voters. Many people take their right to vote as a personal — and private — ritual.
- Especially in this election, because of Donald Trump’s criticism of the press, journalists may be confronted and challenged on their ability to do their job. Stay calm and think on your feet. It’s a test of a reporter worth his salt if he can get a contrary subject to talk. It could lead to your best quote of the day, and some genuine insight. But if it’s not working, move on. There are a lot of voters and a lot of polls.
(Early voting in Henderson. Photo by Dan Clark / Las Vegas Review-Journal)