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S05022 Summary:

BILL NOS05022
 
SAME ASNo Same As
 
SPONSORSEPULVEDA
 
COSPNSRCOMRIE, FERNANDEZ, PARKER
 
MLTSPNSR
 
Amd §§8-300 & 17-130, El L
 
Allows photographs of one's self and one's own ballot while voting.
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S05022 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5022
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 18, 2025
                                       ___________
 
        Introduced  by  Sens. SEPULVEDA, COMRIE, FERNANDEZ, PARKER -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Elections
 
        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 such voter's ballot after it
    11  is 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] such person's ballot, or does any other
    14  act  in  connection with [his] such person's ballot with the intent that
    15  it may be identified as the one voted by [him] such person,  other  than
    16  what  is  allowed  pursuant to subdivision four of section 8-300 of this
    17  chapter; or,
    18    § 3. Subdivision 23 of section 17-130 of the election law,  as  renum-
    19  bered  by chapter 373 of the laws of 1978, is amended and a new subdivi-
    20  sion 24 is added to read as follows:
    21    23. Not having been appointed or named an inspector  of  elections  or
    22  clerk  and  not  having  taken  the  oath  for such office shall wear or
    23  display any button, badge or emblem identifying or purporting to identi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03287-01-5

        S. 5022                             2
 
     1  fy such person as an inspector of election or clerk[,  is  guilty  of  a
     2  misdemeanor.]; or,
     3    24.  Forces  an  individual  to photograph and/or post on social media
     4  such individual's own ballot or such individual at any stage of  voting,
     5  is guilty of a misdemeanor.
     6    § 4. This act shall take effect immediately.
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