Hoping to take a picture of your ballot on November 8? It is actually illegal to do that in New York, but a new lawsuit is hoping to change that and potentially usher in a wave of Election Day selfies sure to flood social media. NY1's Grace Rauh filed the following report.
Justin Timberlake may have thought he was doing his civic duty when he posted a picture of himself on Instagram. He was voting early in his hometown of Memphis. But he was actually breaking the law. Like New York, Tennessee does not allow voters to snap pictures while casting a ballot.
"Get out and vote," Timberlake said on NBC's "The Tonight Show." "Don't take a picture of yourself in there. I had no idea."
In New York, you could be charged with a misdemeanor if you snap a photo like Timberlake or like other voters did. But the law is now being challenged in court.
"People voting and sharing their ballots on social media is a really great way to encourage people to participate in a system that is direly lacking in participation," said Jennifer White, a plaintiff in the "ballot selfie" lawsuit.
At least 17 states prohibit so-called ballot selfies. It's a shrinking number, which is a positive sign for attorney Leo Glickman. He is representing the plaintiffs in the New York lawsuit, which was filed on Wednesday.
"Three states with these laws on the books have been challenged in courts, and the challengers have won each time. Each time, the federal courts have said it is unconstitutional, it is a violation of free speech to prevent somebody from taking a photograph of their ballot," Glickman said.
A spokesman for the state Board of Elections said the board's lawyers are reviewing the lawsuit.
Some argue that prohibiting pictures ensures that a ballot is truly private and protects voters from pressure to prove they voted one way or another. But lawyers NY1 spoke with emphasized that voter intimidation and coercion would remain illegal, even if the photo law changed.
The attorney who filed the lawsuit says he wants the law struck down before Election Day. He is scheduled to be in court on November 1, just one week before voters head to the polls.