NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3941
SPONSOR: Taylor 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 subdivi-
sion 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 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.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
N/A
JUSTIFICATION:
This legislation intends to allow voters to take selfies of both them-
selves 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:
S.8448 of 2018, referred to elections
FISCAL IMPLICATIONS:
N/A
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3941
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. TAYLOR -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to allowing photographs of
one's self and one's own ballot 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. Voters shall be permitted on their own volition, to photograph and
4 post on social media their own ballot and themselves at any stage of
5 voting, including while in a privacy booth or at a ballot scanner,
6 provided that such photographs do not contain any other voter or reveal
7 the contents of any other voter's ballot.
8 § 2. Subdivisions 10 and 11 of section 17-130 of the election law are
9 amended to read as follows:
10 10. [Shows his] Solicits a voter to show their ballot after it is
11 prepared for voting, to any person so as to reveal the contents[, or
12 solicits a voter to show the same]; or,
13 11. Places any mark upon his ballot, or does any other act in
14 connection with his ballot with the intent that it may be identified as
15 the one voted by him, other than what is allowed pursuant to subdivision
16 four of section 8-300 of this chapter; or,
17 § 3. Subdivision 23 of section 17-130 of the election law, as renum-
18 bered by chapter 373 of the laws of 1978, is amended and a new subdivi-
19 sion 24 is added to read as follows:
20 23. Not having been appointed or named an inspector of elections or
21 clerk and not having taken the oath for such office shall wear or
22 display any button, badge or emblem identifying or purporting to identi-
23 fy such person as an inspector of election or clerk[, is guilty of a
24 misdemeanor.]; or,
25 24. Forces an individual to photograph and/or post on social media
26 their own ballot or themselves at any stage of voting, is guilty of a
27 misdemeanor.
28 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07860-01-3
