Election Day: Condom use by porn actors is put to a vote in LA County

(CBS) LOS ANGELES - It's presidential election day across this great land of ours.

In Los Angeles County, that also means voters are deciding whether porn actors should be required to wear condoms on the set.

According to CBS Los Angeles, "Measure B" as it's known, would require producers to apply for a permit from the LA County Department of Health to shoot a XXX scene. The fee for the permit would, in turn, pay for random inspections to assure that porn performers use condoms.

Civil fines could be levied against all who don't comply, the station reports. The measure also makes it possible for lawmakers to impose misdemeanor charges against violators.

The AIDS Healthcare Foundation helped get the measure on the LA County ballot, saying the rule would help safeguard the public. The Foundation's website recently cited an LA Times report that said LA porn actors have, on average, more STD's than Nevada prostitutes.

Backers of the measure also argue porn actors often lack health insurance, so taxpayers may end up footing the healthcare bill.

On the contrary, CBS Los Angeles reports, opponents say the measure impinges on basic freedoms. "Safe sex practices are a good idea. However, they shouldn't be forced on adult film actors," according to language in the voter guide authored by county Libertarian Party chair Nancy Zardeneta and four others. "Our individual rights have been fading fast since the Patriot Act. Do-gooders such as New York Mayor Bloomberg seek to create a nanny state where our behavior is increasingly regulated for our own good." Bloomberg wants to limit how much soda New Yorkers can buy in a single serving.

California is one of only two states where adult film production is legal - New Hampshire, the "Live Free or Die" state, being the other, according to CBS Los Angeles.

As for who would do the "condom inspections"...well, let's first see if the measure passes on Tuesday.