A trio of New Yorkers are suing the New York Board of Elections (BOE) in hopes of making it perfectly legal to snap a selfie in a voting booth, which is a big no-no in the Empire State and elsewhere around the Country.
The suit, filed Wednesday in Manhattan Federal Court, argues that “ballot selfies”, or the act of taking a photo with a ballot and then publishing it on social media, should be allowed on Election day because they are a valid expression of one’s first amendment rights.
“What they want to be able to do is show the photographs to their Facebook friends and Twitter followers,” the plaintiffs’ lawyer, Leo Glickman, said. “It’s a matter of political speech,” he said. “People want to express themselves and their opinions, but unfortunately there’s a state law that criminalizes that conduct and we hope to overturn the law as a breach of first amendment rights.”
Since 1909, it’s been illegal to take pictures of a marked ballot while voting in New York and at least 15 other states. Those who are caught doing so could face up to a year behind bars and a $1,000 fine.
While Glickman claims this almost never happens, he said a recent warning from the BOE informing the public that “ballot selfies” were illegal and punishable as a misdemeanor, has left people on edge.
“Since there are only 13 days until the General Election, this motion has been brought by order to show cause,” the complaint reads. “In this particular presidential election, the two major party candidates both have strong New York ties. The candidates are also known to be the least popular nominees from their respective parties ever. Therefore, this year it is especially important that New Yorkers be able to exercise their right to free political expression by publishing their ballots.”
Earlier this week, Justin Timberlake came under fire for taking a selfie inside a polling booth in Memphis, Tenn. as he attempted to promote early voting.
The Shelby County District Attorney’s office on Tuesday claimed to be mulling charges, after the singer posted the picture to Instagram and it went viral, but later chose not to open an investigation.
The three plaintiffs in the suit filed in Manhattan, identified in the complaint as Eve Silberberg, Jennifer Rebecca White, and Michael Emperor, are seeking an injunction and declaratory judgement stating that the law banning “ballot selfies” cannot be enforced.
They are expected back in court on Nov. 1 for a hearing.
“The judge should rule then or maybe the next day,” Glickman said, insisting the case would be resolved before Election day.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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