Relates to allowing photographs of one's self and one's own ballot while voting, provided that such photographs do not contain any other voter or reveal the contents of any other voter's ballot.
STATE OF NEW YORK
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8448
IN SENATE
May 8, 2018
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Introduced by Sen. SEPULVEDA -- 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 their ballot after it is
11 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 ballot, or does any other act in
14 connection with his ballot with the intent that it may be identified as
15 the one voted by him, other than what is allowed pursuant to subdivision
16 four of section 8-300 of this chapter; or,
17 § 3. Subdivision 23 of section 17-130 of the election law, as renum-
18 bered by chapter 373 of the laws of 1978, is amended and a new subdivi-
19 sion 24 is added to read as follows:
20 23. Not having been appointed or named an inspector of elections or
21 clerk and not having taken the oath for such office shall wear or
22 display any button, badge or emblem identifying or purporting to identi-
23 fy such person as an inspector of election or clerk[, is guilty of a
24 misdemeanor.]; or,
25 24. Forces an individual to photograph and/or post on social media
26 their own ballot or themselves at any stage of voting, is guilty of a
27 misdemeanor.
28 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06680-01-7
