Houston Chronicle

Ballot selfies

Texas ban infringes on freedom of speech.

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Voters lined up by the thousands on the first day of early voting in Harris County, but the folks waiting to cast their ballots didn’t hear applause for their civic duty or last-minute pitches from down-ballot candidates. Instead, they probably heard an election volunteer warning them to turn off their cell phones.

In case you didn’t know, it is against Texas law to use a phone or other wireless communicat­ions device within 100 feet of a voting station.

What’s next? Taking off your shoes and TSAstyle pat downs?

The “no cellphones” rule was passed in 2007 to bolster pre-existing restrictio­ns on using photograph­ic and recording equipment in polling places.

So if you want to take a ballot selfie, or double-check www. houstonchr­onicle.com/ opinion/endorsemen­ts to make sure you’ve voting for qualified district judges and constable candidates, be prepared to get booted out the door.

About 40 percent of people get their news online. Social media is playing a growing role in citizen activism. It is time for Texas law to reflect this reality and allow people to use their cell phones while voting.

Yes, there should be some restrictio­ns on how people use recording devices at polling stations. We don’t want bad actors trying to sneak peeks at other people’s ballots or standing outside with cameras trying to intimidate voters. But Texas laws cast a wide net that entangles troublemak­ers and honest voters alike.

In fact, the American Civil Liberties Union is challengin­g similar voting laws across the nation, arguing that these cell phone bans infringe on freedom of speech.

The First U.S. Circuit Court of Appeals handed the ACLU a major victory last month and struck down a New Hampshire law that prohibited voters from sharing photos of their completed ballots.

“Digital photograph­y, the internet, and social media are not unknown quantities — they have been ubiquitous for several election cycles, without being shown to have the effect of furthering vote-buying or voter intimidati­on,” the court wrote.

Some might scoff at posting pictures direct from the voting booth — as if democracy were on par with an Instagram of overpriced eggs benedict. But promoting the act of voting and one’s political preference is a powerful form of speech that deserves full protection under the law.

It doesn’t matter whether you’re trying to “Make America Great Again” with a Facebook post or using Snapchat to tell your fam that “I’m With Her.” The Legislatur­e needs to bring our laws up to date with the reality of voting.

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