What's happening
This bill allows New York voters to take and share photos of themselves and their ballots, including on social media.
Why it matters
Expands personal expression and transparency. By allowing voters to photograph and share their own ballots, the bill gives individuals more freedom to publicly express their voting choices and participate in civic engagement, potentially boosting voter enthusiasm and turnout.
Clarifies legal risks. The bill makes it a misdemeanor to interfere with someone taking a ballot photo, providing legal protection for voters exercising this new right and deterring poll workers, officials, or other voters from obstructing ballot photography.
Modernizes election law for digital communication. By explicitly referencing social media, text messages, and electronic image sharing, the bill acknowledges and adapts to how people communicate today, ensuring election rules are relevant in the age of smartphones and online platforms.
Maintains voter privacy protections. The bill still prohibits soliciting others to show their ballots, balancing the new right with continued safeguards against voter coercion, vote-buying, or unwanted exposure of someone else’s vote.
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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 at Polls
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
1105
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
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.
LBD02550-01-9
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 varie- ty 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 priva- cy of a voting booth.
Voting is singlehandedly the most important exercise in a free and demo- cratic 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
S.5418 of 2017-2018 (Hoylman): Died in Elections A.4067 of 2017-2018 (Rosenthal): Died in Election Law
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.