Arkansas 100-Foot Ban on Exit Polling Challenge
Norris v. Griffin
A Republican lawsuit seeking an exception to state election law that would allow his campaign to conduct exit polling within 100 feet of a polling place during voting hours.
Background
Republican candidate for Arkansas Secretary of State Bryan Norris and his campaign committee sued the Arkansas Attorney General and Secretary of State, challenging the constitutionality of Act 728 as applied to exit polling. The plaintiffs allege that Act 728—which broadly bars anyone other than voters from remaining within 100 feet of a polling place during voting hours except for lawful purposes—effectively criminalizes exit polling, a practice long recognized as protected by the First Amendment and previously permitted under Arkansas law. They argue exit polling requires close proximity to polling place exits (typically within 10–25 feet) to be effective, and that the 100-foot ban makes meaningful exit polling impossible. Because the plaintiffs say their planned exit polling for the March primary cannot proceed without court intervention, they are seeking an order blocking enforcement of the law as applied to exit polling to ensure that their pollsters are not subject to criminal prosecution.
Why It Matters
Until 2021, Arkansas law explicitly allowed exit polling. That changed when the legislature enacted Act 728, a measure aimed at stopping organizations from handing out food and water to voters standing in line. In doing so, lawmakers imposed a blanket ban barring all nonvoters from remaining within 100 feet of polling places – without carving out exceptions for exit pollsters, the press, or researchers. In this case, the plaintiff is seeking a narrow carve-out that would allow his campaign to hire a professional firm to conduct exit polling near polling place exits, while not challenging the state’s restrictions on groups providing voters in line with food, water, or other assistance.
Latest Updates
- Feb. 2, 2026: Arkansas filed a motion to dismiss the lawsuit.
- Jan. 8, 2026: Plaintiffs filed their complaint and a motion for a preliminary injunction.