What's happening
This bill allows voters in New York to take and share photos of themselves and their own ballots while voting.
Why it matters
Enhances voter expression and transparency. By explicitly allowing voters to photograph and share images of their own ballots and themselves at the polls, this bill supports personal expression and may encourage civic engagement and election transparency.
Protects voter privacy. The bill strictly prohibits including other voters or their ballots in photos, helping to preserve the privacy and anonymity of everyone at the polling place.
Addresses concerns about voter coercion. It makes it a misdemeanor to force anyone to take or post a photo of their ballot or voting activity, which aims to prevent coercion, vote-buying, or intimidation related to ballot photography.
Updates criminal statutes to reflect new rights. The bill revises existing election law to clarify that voters may photograph their own ballots, ensuring that doing so is not mistakenly prosecuted under older laws prohibiting ballot identification or sharing.
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Who cares
Headline styles
Allow Ballot Selfie Photos
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8448
IN SENATE
May 8, 2018
Introduced by Sen. SEPULVEDA -- 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 photographs of one's self and one's own ballot 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. Voters shall be permitted on their own volition, to photograph and post on social media their own ballot and themselves at any stage of voting, including while in a privacy booth or at a ballot scanner, provided that such photographs do not contain any other voter or reveal the contents of any other voter's ballot.
§ 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 their 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. Subdivision 23 of section 17-130 of the election law, as renumbered by chapter 373 of the laws of 1978, is amended and a new subdivision 24 is added to read as follows:
23. Not having been appointed or named an inspector of elections or clerk and not having taken the oath for such office shall wear or display any button, badge or emblem identifying or purporting to identify such person as an inspector of election or clerk[, is guilty of a misdemeanor.]; or,
24. Forces an individual to photograph and/or post on social media their own ballot or themselves at any stage of voting, is guilty of a misdemeanor.
§ 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06680-01-7
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 photographs of one's self and one's own ballot while voting
Purpose or general idea of bill
The purpose of this bill is to allow voters to promote voting by taking pictures with their ballots.
Summary of provisions
Section 1 Section 8-300 of the election law is amended by a new subdivi- sion 4: Voters are allowed to photograph and post of social media their own ballot and themselves at any time through out their voting process. This includes being in the privacy booth or any ballot scanner so long as the photographs do not contain any contents of another voter.
Section 2.Subdivisions 10 and 11 of section 17-130 of the election law are amended. 10: Voters can show their ballot when its ready for voting. 11: Marks ballot and another connection with his ballot with intent that it may be identified as the one voted by him.
Section 3.Subdivision 23 of section 17-130 of the election law, as renumbered by chapter 373 of the laws of 1978, is amended and a new subdivision section 24.
23. Not being appointed or named an inspector of election or clerk and not being under oath for such office shall wear a badge or identify as such person as an inspector of election or clerk is guilty of a misde- meanor.
24. Individual is forced to photograph and/or post on social media their own ballot or themselves at any stage of voting is guilty of a misdemea- nor.
Difference between original and amended version
N/A
Justification
This legislation intends to allow voters to take selfies of both them- selves and their completed ballots for posting on social media. If the photographs do not involve any other parties voting ballot it is allowed. Prohibiting voters to share their voting ballots and promote voting violated their First Amendment free speech. New York residents began to file law suits against state law. The judge refused to grand permission for selfies during 2016 election but did not rule on violation of free speech. The courts left it up to legislature to address this issue.
Sharing marked ballots to others in New York is currently a misdemeanor. Misdemeanors are punishable with a fine of $1,000 or up to a year in jail. New York is one of the eighteen states that ban voters from taking photographs with their ballots. After this bill is introduced it will abolish the prohibition against takings photographs with one's ballot and make sure to keep protection from any intimidation and coercion. Social media has changed the ways of encouragement, advertisement and participation. It should be used as a tool to promote voting.
Prior legislation history
New Bill
Fiscal implications
N/A
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.