Filming on Election Day

It is important when shooting on Election Day to be aware of any restrictions on filming in and around polling places. Below are a set of guidelines, from Video the Vote, which detail proper filming etiquette. Not all of guidelines apply for this contest since some are Video the Vote specific. However it is crucial that you go over these guidelines and have a full understanding of your rights and limitations.

If you have specific questions contact your local Town or City Clerk. You can find your town clerk by going to here.

Eye on Democracy will not be responsible for any legal problems that arise for entrants on Election Day. It is your responsibility to follow all rules and regulations set by the State Elections Division or your local Elections Department.

Video the Vote

Election Day Video Guidelines

Don't be alarmed by how legal and official everything sounds below. While it's not light reading, we wanted to make sure everyone understands the serious nature of documenting elections. Getting all this stuff right up front will help ensure a productive Election Day.

  1. The Cardinal Rule: The job of videographers capturing video on Election Day, is to observe and document, not to influence the election process in any way. Footage will be used to expose problems with the election process, to help to advocate for changes to that process, to assist individuals in litigation, and may be made available to the media and public to ensure fair and proper processes have been followed. While there are many potential benefits of this project, the possibility for this effort to disrupt the voting process is significant—videographers must be aware of this and make every effort to avoid disruption.
  2. The Video the Vote effort is non-partisan. It is important that you act in a strictly non-partisan way while observing at the polls. You shouldn't engage voters in political conversations of any kind, even informal friendly discussions. Nor should you wear any partisan or campaign paraphernalia, e.g. campaign buttons, T-shirts or other clothing, or visual references to partisan organizations. If you have partisan bumper stickers on you car, it's best to cover or remove them.
  3. When interviewing a voter, first get the voter's permission. If possible, obtain a written or on-camera verbal release, allowing for the person's image and likeness to be used by yourself, Video the Vote, or our affiliated coalition member organizations. As a videographer, you will be entering an environment where video cameras that are not recognizable as press are often considered hostile and untrustworthy. Many voters will assume the worst that the volunteer is there engaging in surveillance or trying to suppress the vote. Being clear about your role in plain language and an up-front manner that you're there to help protect people's right to vote goes a long way to countering such ideas.
  4. If a voter is reluctant to be filmed, do not attempt to persuade them to do so.
  5. Leave your camera in the car (or if it's a pocket sized camera with video capability, leave it in your pocket) until you've assessed the situation and talked with voters. When first approaching a voter, do so without your camera. Establish a connection and level of trust with them first.
  6. When shooting an interview, set up your shot so that you do not inadvertently capture the faces of other voters on video. The interview should not impact any other voters in any way.
  7. There will be a dedicated phone line at the national legal command center for the Election Day Video the Vote project in case you are unsure about any legal assistance and guidance you may need. You should also use the dedicated Video The Vote hotline in the case that you see instances that to your knowledge have not been reported.
  8. You should never enter a polling place with a camera or microphone, unless you've been authorized to do so by both an election official and an Election Protection attorney.
  9. If police are present near any polling place, please contact the national legal command center.
  10. Never argue with a poll worker, even if you are doing something within your rights. If you have a problem, politely step back, then call the national legal command center, using the dedicated phone line, and the command center will attempt to solve the problem.
  11. If asked to surrender your camera and tape do not do so. Call the legal command center and attorneys will attempt to resolve the dispute.
  12. You should always be aware if you're being taped yourself. Being present with a camera will attract attention and volunteers may become the subject of other curious filmmakers. Please decline to be interviewed on Election Day.
  13. If an attorney may ask you to cancel an interview because the interview subject is going to be a plaintiff in litigation, it's best (for the client) that you do so. In some case, an interview can make it more difficult for someone who's been disenfranchised to make their case.
  14. There is a slight chance that as a videographer you may become a witness in a lawsuit. You could be deposed or be called upon to authenticate video you shot; it's a very remote possibility, but you should be aware of it.
  15. Finally, in the best scenario, no problems will arise on Election Day. Do not look for problems. Many polling places and localities have no problems at all. In part, it means that we are doing a good job of monitoring the elections. This does not mean that you cannot interview voters about the process and get good b-roll. But remember that a boring Election Day may be a sign of a smooth and fair Election Day.
Design by Julian Johannesen.