S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5366
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   on Election Law
 
 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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09005-01-1
              

 A. 5366                             2
 
   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.