October 27, 2024
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In New York State, taking photos of ballots is allowed in limited cases, depending on the content. According to the New York State Board of Elections, photographing a blank ballot is generally permitted, but voters must ensure they are not disruptive to poll workers or other voters. However, taking a photo of a completed ballot that reveals your chosen candidates is prohibited by law. This regulation, established long before smartphones, aims to prevent voter coercion and intimidation, as well as vote-buying, by stopping individuals from proving they voted in a specific way.
New York Election Law 17-130(10) prohibits showing a completed ballot to anyone to reveal its contents, stating, “Any person who… shows his ballot after it is prepared for voting, to any person so as to reveal the contents, or solicits a voter to show the same… is guilty of a misdemeanor.” Similar restrictions apply in at least 14 other states, according to the Foundation for Individual Rights and Expression. Some New York legislators have proposed changes to the law. Senate Bill S661, introduced in the 2023-2024 legislative session, would allow voters to take and share photos of themselves and their ballots in the privacy booth. However, the bill has yet to advance out of committee.
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