Allows voters to take photographs of themselves and their ballot, or absentee ballot, while in a privacy booth, and to share and disseminate such photographs on social media.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A318
SPONSOR: Rosenthal L 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:
2021-22: A.4182 - Referred to Election Law; S.365 - Referred to
Elections
2019-20: A.1038 - Referred to Election Law; S.1105 - Referred to
Elections
2017-18: A.4067 - Referred to Election Law; S.5418 - Referred to
Elections
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
318
2023-2024 Regular Sessions
IN ASSEMBLY
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Election Law
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:
1 Section 1. Section 8-300 of the election law is amended by adding a
2 new subdivision 4 to read as follows:
3 4. (a) A voter shall be allowed to take photographs of themselves and
4 their own ballot, or absentee ballot, while in a privacy booth. Such
5 voter shall also be allowed to share and disseminate such photographs on
6 social media. For purposes of this subdivision social media shall
7 include, but shall not be limited to forms of communication through
8 which users participate in online communities to share information,
9 ideas, personal messages, and other content. Social media shall also
10 include text messages and the transmission of images via electronic
11 forms of communication.
12 (b) Any person who interferes with a voter's photograph pursuant to
13 paragraph (a) of this subdivision shall be guilty of a misdemeanor.
14 § 2. Subdivisions 10 and 11 of section 17-130 of the election law are
15 amended to read as follows:
16 10. [Shows his] Solicits a voter to show his or her ballot after it is
17 prepared for voting, to any person so as to reveal the contents[, or
18 solicits a voter to show the same]; or,
19 11. Places any mark upon his ballot, or does any other act in
20 connection with his ballot with the intent that it may be identified as
21 the one voted by him, other than what is allowed pursuant to subdivision
22 four of section 8-300 of this chapter; or,
23 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01346-01-3
