What's happening
This bill allows New York voters to take and share photos of themselves and their ballots while voting, including on social media.
Why it matters
Empowers voters to express themselves. By permitting photos of themselves and their ballots, the bill gives voters a new way to share their voting experience, potentially increasing civic engagement and enthusiasm around elections.
Clarifies what is and isn’t allowed. The law specifically protects voters’ rights to photograph their own ballots, but not to photograph others’ ballots or coerce others to reveal their votes, thus balancing transparency with voter privacy.
Creates legal consequences for interference. Anyone who tries to block a voter from taking such a photo could face misdemeanor charges, strengthening protections for individual voter rights at polling places.
Updates outdated restrictions. The bill modernizes old statutes that prohibited showing marked ballots, aligning the law with current technology and social media practices, and reducing the risk of accidental legal violations for voters who want to share their voting moment.
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Who cares
Headline styles
Allow Ballot Selfies at Polls
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Ballot Selfies for Voters
In Assembly Committee · Election Law · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5418
2017-2018 Regular Sessions
IN SENATE
March 27, 2017
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to allowing voters to take photographs of themselves and their ballots while voting
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 8-300 of the election law is amended by adding a new subdivision 4 to read as follows:
4. (a) A voter shall be allowed to take photographs of themselves and their own ballot, or absentee ballot, while in a privacy booth. Such voter shall also be allowed to share and disseminate such photographs on social media. For purposes of this subdivision social media shall include, but shall not be limited to forms of communication through which users participate in online communities to share information, ideas, personal messages, and other content. Social media shall also include text messages and the transmission of images via electronic forms of communication.
(b) Any person who interferes with a voter's photograph pursuant to paragraph (a) of this subdivision shall be guilty of a misdemeanor.
§ 2. Subdivisions 10 and 11 of section 17-130 of the election law are amended to read as follows:
10. [Shows his] Solicits a voter to show his or her ballot after it is prepared for voting, to any person so as to reveal the contents[, or solicits a voter to show the same]; or,
11. Places any mark upon his ballot, or does any other act in connection with his ballot with the intent that it may be identified as the one voted by him, other than what is allowed pursuant to subdivision four of section 8-300 of this chapter; or,
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01943-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to allowing voters to take photographs of themselves and their ballots while voting
Purpose
This bill removes the prohibition against voters taking photographs of their ballots at the polls.
Summary of specific provisions
Section one amends Section 8-300 of the election law by adding a new subdivision 4.
Section two amends Subdivisions 10 and 11 of section 17-130 of the election law. Section three sets forth the effective date.
Justification
Social media has revolutionized the way that society does everything. From Facebook and Twitter to Snapchat and Instagram, people of all ages regularly utilize a number of social media platforms to promote a variety of content. This is especially true during election season when voters often take and post "ballot selfies" to their personal social media accounts.
Currently 18 states prohibit voters from taking photographs of their ballots. New York's prohibition originated as a protection against voter coercion, when employers frequently coerced their employees to vote for or against a particular candidate. This bill removes the prohibition against ballot photographs, but it maintains the protection against voter intimidation and coercion, which are punishable as misdemeanors in New York State. The bill also specifies that voters are only allowed to take photographs of themselves and their own ballots while in the privacy of a voting booth.
Voting is singlehandedly the most important exercise in a free and democratic society. Across the United States, voter turnout is notoriously low. Only 57.5% of all eligible voters nationally cast their ballot in the 2012 presidential election. Turnout was slightly worse in New York, with only 53.1% voting for president in 2012. Allowing New Yorkers to celebrate online the fact that they participated in our democracy will ultimately help increase voter turnout and participation across the State.
Legislative history
This is a new bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.