BILL NUMBER:  S5953

 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
subdivision 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
misdemeanor.

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
misdemeanor.

 DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION :

N/A

 JUSTIFICATION :

This legislation intends to allow voters to take selfies of both
themselves 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.