The Photograph with a Story

Let me tell you about my crazy election day.

So, being a media photographer, I naturally was going to be photographing this historic election. Anticipating the madness of the day, I went to the Athens County Board of Elections on November 3 to check on the guidelines on photographing inside the polling places. There, I was informed by Debbie Quivey, Director of the Athens County Board of Elections, that in no uncertain terms I could not photograph inside the polling places, even though I was a credentialed media photographer (for The Post).

Now, I knew that she was incorrect, as you see photographs from media outlets all the time of people in polling places voting. I continued to push the issue, and Debbie Quivey gave me an advisory from Jennifer Brunner, Ohio Secretary of State, dated February 26, 2008, which Quivey said backed her position. An excerpt from this advisory is below.

The Secretary of State’s office is commonly asked whether the media must be granted access to polling places during an election. While it appears that statutory authority exists to keep the media from entering polling places…a federal court has effectively enjoined election officials and authorities from enforcing that statute against representatives of the media. The United States Court of Appeals for the Sixth Circuit in Beacon Journal Publishing Company, Inc. v. Blackwell, 389 F. 3d 683 (6th Cir. 2004), stated that the media must be granted “reasonable access to any polling place for the purpose of news-gathering and reporting so long as [they] do not interfere with poll workers and voters as voters exercise their right to vote.” Poll workers must grant representatives of the media access to polling locations, but they must consider several factors in granting access so as to ensure voters are not disturbed or delayed.

Now, I wondered if Debbie Quivey actually read what she gave me. I proceeded to call the Ohio Secretary of State’s office, but got nowhere inside the phone tree. I decide to take my chances and get in on election day.

Election day comes, and I am kicked out of every polling place I try to photograph in, even though I identify myself as a credentialed photographer working for The Post, and have credentials visibly dangling from my neck.

Around 6 p.m. (polls closed at 7:30 in Ohio), I decide that I’m just going for it and photograph the polls (as I am legally allowed to do as a credentialed media photographer). I position myself at the door of a polling station within Ohio University’s Baker Center and begin shooting.

Immediately, an angry poll worker was running my way. She was getting bigger and bigger in my frame as I continued to fire way. I was thinking to myself, “bring it on.”

The poll worker angrily asked me what I was doing, to stop photographing and to put my camera away at once. I calmly explained that I was a credentialed photographer working for The Post, and showed her my press pass. She said no way, nobody is allowed to take photographs inside polling places, and that The Post was not a recognized media outlet (which is false). I asked to speak to her supervisor.

The head official of the particular polling place came up and told me that no, I could not take any photographs whatsoever. Furthermore, as she pointed to my camera, she said she said a camera that technological could zoom into people’s ballots. I had my 16-35mm wide angle lens on, and explained that I would literally have to be within a foot of a person’s ballot to “zoom in” on it. Besides, that wasn’t even the point.

I whipped out the advisory from the Secretary of State which Debbie Quivey gave me the day before, and showed it the head official of the Baker polling location. She said that no, this does not say I am allowed to take photographs (which it does). I told her to call Debbie up.

She called Debbie, and Debbie, of course, said in no uncertain terms that of course I could not take photographs. I asked to speak with her myself. I explained that I was a photographer for The Post, and from the advisory she gave me yesterday, I had access to the polling location as a credentialed member of the media, as long as I did not interfere with the voters or voting process. She finally agreed that I had access, but that did not mean taking photographs. She did not want to see photos in The Post or in any other newspaper tomorrow, or else….

Furthermore, she said that she had security “down there,” and, in fact, security was “on its way.” She said if I took more photos….and then trailed off and stopped short of saying that she would confiscate my gear.

I thanked her for her time, and headed down to the offices of The Post to talk to the Editor in Chief. He called Debbie Quivey, and explained that as a media photographer, I am allowed to photograph within the polls. He told her that if she turned on CNN, you would see reporters reporting from within polls in Ohio. She hung up.

We were finally able to get in contact with a superior, and around 7:15p.m., I was allowed into photograph the polls. With 15 minutes left until the polls closed, there were not many people to photograph.

As a result, I am slightly appalled to announce that I was the only media outlet in the county to be allowed in to photograph the polls. I am stunned that none of the other media outlets in town did not fight for their right to cover the polling locations. I had to spend more time on election day fighting for my right to cover a historic election than actually covering it. What a day.