NY State Senate Bill 2017-S8448

Senate Bill S8448

2017-2018 Legislative Session

Relates to allowing photographs of one's self and one's own ballot while voting

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2018	referred to elections

2017-S8448 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§8-300 & 17-130, El L

2017-S8448 (ACTIVE) - Summary

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.

2017-S8448 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8448

SPONSOR: SEPULVEDA
 
TITLE OF BILL:  An act to amend the election law, in relation to
allowing photographs of one's self and one's own ballot while voting

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to allow voters to promote voting by taking
pictures with their ballots.

 
SUMMARY OF PROVISIONS:

Section 1 Section 8-300 of the election law is amended by a new subdivi-
sion 4: Voters are allowed to photograph and post of social media their
own ballot and themselves at any time through out their voting process.
This includes being in the privacy booth or any ballot scanner so long
as the photographs do not contain any contents of another voter.

Section 2.Subdivisions 10 and 11 of section 17-130 of the election law
are amended. 10: Voters can show their ballot when its ready for voting.

11: Marks ballot and another connection with his ballot with intent that
it may be identified as the one voted by him.

Section 3.Subdivision 23 of section 17-130 of the election law, as
renumbered by chapter 373 of the laws of 1978, is amended and a new
subdivision section 24.

23. Not being appointed or named an inspector of election or clerk and
not being under oath for such office shall wear a badge or identify as
such person as an inspector of election or clerk is guilty of a misde-
meanor.

24. Individual is forced to photograph and/or post on social media their
own ballot or themselves at any stage of voting is guilty of a misdemea-
nor.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

N/A

 
JUSTIFICATION:

This legislation intends to allow voters to take selfies of both them-
selves and their completed ballots for posting on social media.  If the
photographs do not involve any other parties voting ballot it is
allowed. Prohibiting voters to share their voting ballots and promote
voting violated their First Amendment free speech. New York residents
began to file law suits against state law. The judge refused to grand
permission for selfies during 2016 election but did not rule on
violation of free speech. The courts left it up to legislature to
address this issue.

Sharing marked ballots to others in New York is currently a misdemeanor.
Misdemeanors are punishable with a fine of $1,000 or up to a year in
jail. New York is one of the eighteen states that ban voters from taking
photographs with their ballots. After this bill is introduced it will
abolish the prohibition against takings photographs with one's ballot
and make sure to keep protection from any intimidation and coercion.
Social media has changed the ways of encouragement, advertisement and
participation. It should be used as a tool to promote voting.

 
PRIOR LEGISLATION HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

N/A

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8448 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8448
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 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:

   Section 1. Section 8-300 of the election law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  VOTERS SHALL BE PERMITTED ON THEIR OWN VOLITION, TO PHOTOGRAPH AND
 POST ON SOCIAL MEDIA THEIR OWN BALLOT AND THEMSELVES  AT  ANY  STAGE  OF
 VOTING,  INCLUDING  WHILE  IN  A  PRIVACY  BOOTH OR AT A BALLOT SCANNER,
 PROVIDED THAT SUCH PHOTOGRAPHS DO NOT CONTAIN ANY OTHER VOTER OR  REVEAL
 THE CONTENTS OF ANY OTHER VOTER'S BALLOT.
   §  2. Subdivisions 10 and 11 of section 17-130 of the election law are
 amended to read as follows:
   10. [Shows his] SOLICITS A VOTER TO SHOW  THEIR  ballot  after  it  is
 prepared  for  voting,  to  any person so as to reveal the contents[, or
 solicits a voter to show the same]; or,
   11. Places any mark  upon  his  ballot,  or  does  any  other  act  in
 connection  with his ballot with the intent that it may be identified as
 the one voted by him, OTHER THAN WHAT IS ALLOWED PURSUANT TO SUBDIVISION
 FOUR OF SECTION 8-300 OF THIS CHAPTER; or,
   § 3. Subdivision 23 of section 17-130 of the election law,  as  renum-
 bered  by chapter 373 of the laws of 1978, is amended and a new subdivi-
 sion 24 is added to read as follows:
   23. Not having been appointed or named an inspector  of  elections  or
 clerk  and  not  having  taken  the  oath  for such office shall wear or
 display any button, badge or emblem identifying or purporting to identi-
 fy such person as an inspector of election or clerk[,  is  guilty  of  a
 misdemeanor.]; OR,
   24.  FORCES  AN  INDIVIDUAL  TO PHOTOGRAPH AND/OR POST ON SOCIAL MEDIA
 THEIR OWN BALLOT OR THEMSELVES AT ANY STAGE OF VOTING, IS  GUILTY  OF  A
 MISDEMEANOR.
   § 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

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