Category: citizenship

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Guide to Shooting Video or Taking Photos at the Polls

I’ve taken my camera with me to vote for the last several elections resulting in both good and bad experiences. When San Diego used touch-screen machines for the first time, I was able to get a shot using my digital SLR. On another election day, I was stopped and aggressively questioned by a poll worker for trying to take a cellphone photo.

Here’s the problem. The legality of cameras inside polling places isn’t black and white; the laws vary state by state. Plus, some poll workers have only received basic training and will apply their own judgement. The Citizen Media Law Project suggests four things to avoid getting yourself into trouble: follow the rules, be discreet, don’t interfere with voters or the process, respect the buffer zone.

In California, election codes aren’t particularly clear. They prohibit recording within 100 feet of anyone entering or exiting the polling place with the intent to dissuade others from voting. This is where the above guidelines come in; stay low-key and they’ll likely leave you alone. I spoke with the San Diego County Registrar of Voters and they said photography and video will be allowed up to 25 feet away.

While inside the polling area, California Elections Code says you must be in the process of voting (i.e. not using a camera), are limited to 10 minutes, and can’t show your vote to others (i.e. not documenting your vote). While it doesn’t specifically state “no cameras allowed,” legal precedent hasn’t cleared up the specifics. Government officials err on the side of caution. The California Secretary of State’s office says it has “historically taken the position that use of cameras or video equipment at polling places is prohibited, though there may be circumstances where election officials could permit such use.” When I spoke to the San Diego County Registrar of Voters, they said they won’t allow cameras inside the polling place except for credentialed journalists.

From a certain angle, this all seems very oppressive. This is a free country and I should have the right to video my vote, right? Yes, but other voters should also have the right not to be surveilled while voting. Poll workers are commissioned to protect the vote and can kick you out, even calling the police if you cause enough of a disturbance. This can all be avoided by sticking to the suggestions mentioned above. Pay attention and be careful not to record other people unwillingly.

Publish Your Photos and Videos on Election Day

  • YouTube and PBS have partnered with Video Your Vote to gather first-hand accounts on election day. They’ve arranged the videos on a map to note voter intimidation and other problems at the polls.
  • The New York Times’ Polling Place Photo Project collects images to create “an archive of photographs that captures the richness and complexity of voting in America.”
  • Video The Vote is a watchdog group organizing people to document voter suppression and other problems.
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Tijuana, Baja California Election 2007

We pulled into the parking space and hopped out. I slung the camera from my neck, twisting the branded strap so the words “Canon EOS Digital” didn’t show.

Polling Location

I’m fascinated by Mexican elections. It’s so simple and straightforward. Just paper ballots and a black crayon.

Recibiendo las Boletas
Poll workers check voters’ national ID card to confirm registration records before giving ballots.

I watched the 2006 presidential election count in my mother-in-law’s neighborhood. She was serving as a poll worker. Representatives from each party were present, collectively counting and sorting each ballot. The public oversight, caution and security I saw that day inspired much more faith in the final count than the electronic voting machine I would use months later.

"El Voto Es Libre Y Secreto"
A man slips his votes into the ballot box slots after marking his votes in the white booth.

This time, I had my camera. I wasn’t quite sure if I was allowed to be wandering around photographing everything. As I tried to join Rosario in the makeshift voting booth to photograph the ballots, a poll worker asked me to move away. As I framed up a nearby shot, he told me I wasn’t allowed to take photographs.

Ballot Boxes

I heard a woman mumbling a few feet away, “Ustedes viniendo acá, cochinando la elección. You people come here making it a dirty election.” I turned and asked what she was referring to. She seemed startled that I was challenging her passive-aggressive muttering. “Qué estoy haciendo mal con mi cámara? Quienes son ‘ustedes’? What am I doing wrong with my camera? Who are ‘you people’?” She didn’t catch the quotation marks in my inflection, and responded by saying “Soy ciudadana como tú. I’m a citizen same as you.” She walked away with her daughter before I could say any more.

As we got in the car to leave, I noticed a teenager in a group of poll workers with a video camera. My first thought was that the poll workers acted hypocritically, letting her shoot video but not letting me take photos. But when I realized she was shooting the license plate of our car, it all made sense. The woman had been referring to our California plates, showing contempt for us as “outsiders.”

"Yo Voté"
Purple ink marks voters’ thumbs after leaving their prints in the registry.
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The Morality of Citizenship

Perhaps I’ve been reading too many blogs by minutemen-types who say the U.S. is being invaded by immigrants. But in reading the rhetoric, I think I’m getting closer to understanding their motivation. Their conviction is based on national sovereignty and the rights of citizenship. But it’s more than just pride. It’s a moral belief in U.S. citizenship.

When it comes to a citizen’s social responsibility, the morality stretches to hypocritical extremes. Citizens don’t feel morally responsible for civilian deaths when their tax money blows up innocent women and children in a foreign country. But if their tax money goes to helping women and children get medical attention or an education in their own country, that is completely unacceptable.

Let’s take a closer look at the non-U.S. citizen civilian casualty issue. If the military finds a suspected terrorist is living in an apartment building in a foreign country, they’ll do some calculations to estimate collateral damage is within reasonable limits (I heard an interview with a military strategist who said the usual limit around 30 civilian deaths), and then they blow up the building. Now, if that same terrorist was in an apartment building in New York, there is no way they would blow up the building with 30 U.S. citizens in there. The country would go into a panic over the U.S. casualties, but doesn’t blink twice over foreign casualties. It’s based on this belief that foreign citizens don’t have the same human value as U.S. citizens.

The United Nations adopted the Universal Declaration of Human Rights in 1948 to declare fundamental human rights. The United States was among the 48 countries that unanimously voted in favor of universal human rights. Included in the 30 articles, the UDHR says every person has the right to an education and medical care, among other things.

And sadly, U.S. nativists continue to rationalize creating new laws to deny these fundamental rights to non-citizens. They even want to take it one step further, denying citizenship to “anchor babies” born of non-citizen parents.