Election offices are increasingly encountering individuals, sometimes described as “First Amendment auditors” or content creators, who film inside or around election offices, government facilities, and polling places. These encounters can test the balance between public transparency and the need to protect voter privacy, staff, and election operations.
On Election Day in November 2024, individuals filmed voters at multiple polling locations in Oakland County, Michigan. Witnesses reported that individuals were recording voters entering and exiting polling places, and, in some cases, following them inside or outside, or filming at close range. Poll workers directed the individuals to stop filming near polling locations, but the individuals repeatedly responded that it was their “First Amendment right” to record. Eventually, the police were called to multiple locations as the situation unfolded, and, in most instances, the individuals left the polling places before or just after the police arrived.
Polling locations are not typical public spaces. They are legally protected to ensure voters can cast ballots free from interference or intimidation. Filming activity like this can create an intimidating environment for voters, interfere with the orderly conduct of voting operations, and undermine confidence in ballot secrecy. While individuals may assert a First Amendment right to record, that right is limited in and around polling places, particularly where it impacts voters or election operations.
These encounters are not routine observation or traditional media activity. Individuals might attempt to film voters at close range, invoke First Amendment rights when directed to stop by election workers, and move between locations while recording interactions. This combination of persistence, mobility, and proximity to voters can elevate the situation from passive observation to a potential disruption or intimidation concern.
Filming, particularly when directed at voters, can quickly escalate. Applying a structured approach of clear boundaries and buffer zones, staff preparation, and consistent responses helps election officials respond confidently to audit-style encounters at election offices and polling places while safeguarding voter privacy and election integrity.
For details on reducing the risk of escalation when faced with these activities, review the resource highlighted below in the Resource Library section of this newsletter.
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