N.Y. says: Don’t let voters pic!
Court fight over citizens’ push to allow selfie-rule
NEW YORKERS upset with a law that prohibits voters from taking selfies at the polls faced off against city and state lawyers who argued Tuesday that allowing it could wreak “havoc.”
Three people have sued for the right in Manhattan Federal Court — arguing that rules prohibiting ballot selfies and sharing them violate their constitutional right to free speech.
They want a judge to issue an order that would stop poll workers from enforcing these rules.
But lawyers for the city and state Election Boards fought their petition, telling Judge Kevin Castel any rule change just days before the election would propel the voting process into disarray.
Officials contend it’s too late to retrain the 35,000 poll workers and 2,500 cops scheduled to work in the city on Nov. 8.
“Yes, the courts are going to have to iron (ballot selfies) out,” said John Schwartz, who represents the state Board of Elections. “But to make that change a week before a presidential election is going to cause havoc.”
Stephen Kitzinger, the city Board of Elections lawyer, also spoke to the boards’ broader argument — that the right to selfies isn’t self-evident.
“It’s a fad, and fads do not give rise to constitutional rights,” Kitzinger said.
State law prohibits voters from showing their completed ballots to others and bans photography at polling sites — as well as posting images of them on social media.
Showing marked ballots to others is a misdemeanor that can result in up to one year behind bars and a $1,000 fine. A ballot selfie would be in the same category, according to city Election Board spokeswoman Valerie Vasquez.
Federal judges, though, have struck down selfie bans in New Hampshire and Indiana. At the same time, rules have been changed in California and Rhode Island, but in many states it’s still a violation that carries fines or jail time.
The Associated Press found there are laws against sharing any photo of your ballot in 18 states.
The activists suing noted that ballot selfies have become popular throughout the country “as way for voters to publicize their political opinions.”
It is unclear when the city Board of Elections photo ban was first enacted. But by all accounts, it occurred before the widespread use of smartphones and the creation of Facebook. The plaintiffs’ lawyer, Leo Glickman, said there’s no written policy detailing the ban.
“If you want to take a selfie, take a selfie,” said plaintiff Rebecca White. “My concern is being able to document my ballot.”