Senate Bill S5022

                                 
BILL NUMBER: S5022

SPONSOR: SEPULVEDA
 
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:

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 throughout 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 it's 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.

 
JUSTIFICATION:

This legislation intends to allow voters to take selfies of both of
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 lawsuits against state law. The judge refused to grant
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 with others in New York is currently a Misdemea-
nor. 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 coer-
cion. Social media has changed the ways of encouragement, advertisement
and participation. It should be used as a tool to promote voting.
 
LEGISLATIVE HISTORY:

S.3267 of 2023-2024; Referred to Elections;

S.3007 of 2021-22:Referred to Elections;

S.1781 of 2019-20:Referred to Elections;

S.8448 of 2017-18:Referred to Elections

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.