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Federal judge upholds ballot selfie ban

Nov 04, 2016 7:45 am

Matthew Hamilton is reporting in Capitol Confidential a Manhattan federal judge has ruled that a state law barring voters from showing their completed ballots can stand. In his 16-page opinion, Judge P. Kevin Castel wrote any last-minute change in protocol could wreak havoc at polling sites next week. “A last-minute, judicially imposed change in the protocol at 5,300 polling places would be a recipe for delays and a disorderly election, as well-intentioned voters either took the perfectly posed selfie or struggled with their rarely used smartphone camera,” Castel wrote. Three New York City voters filed suit last week against the state and city boards of election, claiming the selfie ban restricts voters' First Amendment rights. However, Castel opined the widespread availability and easy of smartphone technology could, in fact, increase the risk of a form of voter intimidation. “Without the statute, employers, unions, and religious groups could encourage their members to upload images of their marked ballots to a single location to prove their commitment to the designated candidate,” Castel wrote. State law does not ban all photography inside the voting booth or polling locations. Voters can take selfies with a blank ballot or inside the booth without the ballot visible. Read the full story at Capitol Confidential, a Times Union blog.

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