BILL NUMBER: S1844
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the election law, in relation to allowing voters to take
photographs of themselves and their ballots while voting
 
PURPOSE:
This bill removes the prohibition against voters taking photographs of
their ballots at the polls.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends Section 8-300 of the election law by adding a new
subdivision 4.
Section two amends Subdivisions 10 and 11 of section 17-130 of the
election law. Section three sets forth the effective date.
 
JUSTIFICATION:
Social media has revolutionized the way that society does everything.
From Facebook and Twitter to Snapchat and Instagram, people of all ages
regularly utilize a number of social media platforms to promote a varie-
ty of content. This is especially true during election season when
voters often take and post "ballot selfies" to their personal social
media accounts.
Currently 18 states prohibit voters from taking photographs of their
ballots. New York's prohibition originated as a protection against voter
coercion, when employers frequently coerced their employees to vote for
or against a particular candidate. This bill removes the prohibition
against ballot photographs, but it maintains the protection against
voter intimidation and coercion, which are punishable as misdemeanors in
New York State. The bill also specifies that voters are only allowed to
take photographs of themselves and their own ballots while in the priva-
cy of a voting booth.
Voting is singlehandedly the most important exercise in a free and demo-
cratic society. Across the United States, voter turnout is notoriously
low. Only 57.5t of all eligible voters nationally cast their ballot in
the 2012 presidential election. Turnout was slightly worse in New York,
with only 53.1* voting for president in 2012. Allowing New Yorkers to
celebrate online the fact that they participated in our democracy will
ultimately help increase voter turnout and participation across the
State.
 
LEGISLATIVE HISTORY:
S.661of of 2023-2024(Hoylman-Sigal): Died in Elections
A.318 2023-2024 (Rosenthal): Died in Elections Law
S.0365 of 2021-2022(Hoylman): Died in Elections
A.4182 of 2021-2022(Rosenthal): Died in Election Law
S.1105 of 2019-2020(Hoylman): Died in Elections
A.1038 of 2019-2020(Rosenthal L): Died in Election Law
S.5418 of 2017-2018(Hoylman): Died in Elections
A.4067 of 2017-2018(Rosenthal): Died in Election Law
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1844: 8-300 election law