A New York law [text] prohibiting a person from showing the contents of her prepared voting ballot was challenged [complaint, PDF] Wednesday as unconstitutional by state voters for violating their First Amendment rights. The complaint, filed in the US District Court for the Southern District of New York [website], alleges that the law infringes on voters’ freedom of speech and freedom of expression under the US Constitution as well as the New York state Constitution. The challengers are seeking an injunction and a declaratory judgment. Among the harm to be suffered by voters the complaint lists negative impacts on: the sense of pride felt by voters; the show of support to a specific candidate intended by voters; and the power of political protest in the form of write-in candidates. The complaint highlights the popularity of the “ballot selfie” [NPR report] as a cultural force driving the policy behind the challenge.
Voter rights continue to plague this election cycle. In the past month similar laws banning the ballot selfie have been rejected in Michigan and New Hampshire [JURIST reports]. Last week a federal court denied an emergency motion [JURIST report] from North Carolina counties to extend the hours of early voting. Earlier this month a district court judge ruled [JURIST report] that Ohio must allow most unlawfully purged voters to vote in November. In September a district court judge granted [JURIST report] a motion blocking Illinois from allowing voter registration on election day in the state’s most populated counties.