Allows voters to take photographs of themselves and their ballot, or absentee ballot, while in a privacy booth, and to share and disseminate such photographs on social media.
STATE OF NEW YORK
________________________________________________________________________
318
2023-2024 Regular Sessions
IN ASSEMBLY
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to allowing voters to take
photographs of themselves and their ballots 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. (a) A voter shall be allowed to take photographs of themselves and
4 their own ballot, or absentee ballot, while in a privacy booth. Such
5 voter shall also be allowed to share and disseminate such photographs on
6 social media. For purposes of this subdivision social media shall
7 include, but shall not be limited to forms of communication through
8 which users participate in online communities to share information,
9 ideas, personal messages, and other content. Social media shall also
10 include text messages and the transmission of images via electronic
11 forms of communication.
12 (b) Any person who interferes with a voter's photograph pursuant to
13 paragraph (a) of this subdivision shall be guilty of a misdemeanor.
14 § 2. Subdivisions 10 and 11 of section 17-130 of the election law are
15 amended to read as follows:
16 10. [Shows his] Solicits a voter to show his or her ballot after it is
17 prepared for voting, to any person so as to reveal the contents[, or
18 solicits a voter to show the same]; or,
19 11. Places any mark upon his ballot, or does any other act in
20 connection with his ballot with the intent that it may be identified as
21 the one voted by him, other than what is allowed pursuant to subdivision
22 four of section 8-300 of this chapter; or,
23 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01346-01-3
