The New England First Amendment Coalition and its partners called on the Vermont Secretary of State’s office to reaffirm the right of journalists to observe and record the counting of votes after local elections.
At least one newsroom was prevented from fully observing, recording and covering the vote counting process in Rutland City on March 3. Historically, Vermont journalists have been permitted to oversee and record such vote counting, so long as that observation does not interfere with the process.
In an April 7 letter to Secretary of State Sarah L. Copeland Hanzas, NEFAC, the Vermont Press Association and the Vermont Journalism Coalition explained that:
With high-stakes elections on the horizon, we are concerned about the lack of a clear, state-wide policy that protects the rights of journalists to observe and record the vote counting process. To ensure that towns and municipalities fulfill their legal obligations — and, hopefully, to avoid potentially burdensome disputes reaching your office during vote-counting itself — we strongly recommend issuing guidance to all towns and municipalities on their obligation to provide press access in the future. . . .
The First Amendment’s protection of a free press exists precisely for moments like these. The Supreme Court has long recognized that newsgathering is a constitutionally protected activity and that the press serves as a surrogate for the public in observing governmental functions. The counting of votes is among the most significant of those functions. Restricting the ability to document that process, with no articulable harm and no firm statutory basis, raises serious constitutional concerns.
NEFAC is the region’s leading defender of First Amendment freedoms and the public’s right to know about government. You can learn more about our advocacy here and explore all our legal briefing and policy letters here.
NEFAC is the region’s leading defender of the First Amendment and open government. The coalition began in 2006 to advance and protect the five freedoms of the First Amendment, including the principle of the public’s right to know. We’re a broad-based organization of people who believe in the power of an informed democratic society.
Our coalition is funded through contributions made by those who value the First Amendment and who strive to keep government accountable. Please make a donation here.
NEFAC appreciates the support of all its donors and contributors. In particular, we would like to recognize the Estate of Gloria L. Negri, the John S. and James L. Knight Foundation and the following Leadership Circle donors: Rhode Island Foundation, The Boston Globe, Paul and Ann Sagan, and the Robertson Foundation. Major Supporters of NEFAC’s work include Hearst Connecticut Media Group, Boston University, the Academy of New England Journalists, and Truro News.