Supreme Court of New Jersey

In Re Attorney General’s “directive on Exit Polling: Media and Non-Partisan Public Interest Groups,"

September 30, 2009200 N.J. 283

Summary

The New Jersey Supreme Court held that the state election statutes prohibit all expressive activity within 100 feet of a polling place, including exit polling and the distribution of voting‑rights cards, and that this ban is a permissible content‑neutral time, place, and manner restriction. The Court also invalidated the Attorney General’s 2007 Directive that carved out an exception for exit polling, finding it created an impermissible content‑based distinction. The judgment of the Appellate Division was affirmed in modified form.