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Can You Legally Instagram/Tweet/Selfie From Your NYC Polling Place?
By
Jen Carlson
Published Apr 19, 2016
Modified Apr 19, 2016
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By
Jen Carlson
Published Apr 19, 2016
Modified Apr 19, 2016
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This is okay. (Jen Carlson/Gothamist)
There seems to be some confusion, once again, over whether or not you, as a civilian and human voter, can take a photo inside of your polling place. We reached out to the NYC Board of Elections, the NY State Board of Elections, and civil rights attorney Norman Siegel for clarification on the matter.
Can you legally take a photo inside of your polling place?
NYC Board of Elections spokesperson Valerie Vasquez: Yes, but members of the media "need the poll site access letter" from the NYC BOE.
NY State Board of Elections spokesperson Ken Connolly: "Taking a photo on a poll site is fine."
Can you take a photo or a "selfie" inside the voting booth?
NYC BOE: "[The] ballot cannot be marked. It's actually a misdemeanor to photograph your marked ballot."
NYS BOE: "If a voter wants to take a picture of themselves at a voting booth, or marking their ballot that's fine, as long as it doesn't get in the way of anyone else voting."
Norman Siegel: "All the years I’ve been doing this, almost 50 years, no one has ever asked this question. My sense here now is that if someone took out an iPhone and took a selfie of themselves—an 18-year-old a first time voting and wanted to take a selfie, I would argue that the First Amendment should allow the citizen to take a selfie."
So can you take a "ballot selfie" showing who you voted for or not?
NYS BOE: "If they want to take a picture of their ballot that's where it gets unclear as far as there being consensus of whether or not that constitutes a violation of Election Law. The problem is that, the law that's actually on the books says it's a misdemeanor. If our enforcement unit thinks you posted a selfie with a marked ballot, they could choose to enforce that law against you. It's safer to err on the side of caution."
Can you just post that "ballot selfie" after the polls close?
NYC BOE: "No you can not."
Can you photograph other voters inside your polling place?
NYS BOE: "You don't want to be taking pictures where people think you're watching them, or trying to intimidate them. You're going to be asked to leave."
Siegel: "If you decide to take a picture of me inside the voting booth, I could see where someone might say that’s not appropriate."
PSA: Your vote still counts even if you don't Instagram it.
Connolly, the state BOE spokesperson, added that his agency "does not have any administrative oversight [over the NYC BOE], we just provide them with advice and guidance on how to comply with the Election Law."
"I think these questions point out the need for the Board of Elections to address modern technology and the issues that we’re talking about," Siegel told us. "And come up with clear directions for the future."
Tagged
election law
photography
polling place
primary day 2016
selfies
social media
voters rights
original
Jen Carlson
Jen Carlson is a former WNYC and Gothamist editor.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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