S T A T E O F N E W Y O R K
________________________________________________________________________
5418
2017-2018 Regular Sessions
I N S E N A T E
March 27, 2017
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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 ASSEM-
BLY, 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