Today, US District Court Justice P. Kevin Castel just issued an opinion denying the application for a preliminary injunction that would have allowed ‘ballot selfies’ in New York.
Justice Castel ruled that “enjoining enforcement of [the election law prohibiting anyone from revealing the contents of his ballot] just days before the general election, would seriously disrupt the election process.” Castel noted that the plaintiffs had months to bring the challenge, writing:
“This action was commenced 13 days before the presidential election, even though the statute has been on the books longer than anyone has been alive. Selfies and smartphone cameras have been prevalent since 2007. A last-minute, judicially-imposed change in the protocol at 5,300 polling places would be a recipe for delays and a disorderly election, as well-intentioned voters either took the perfectly posed selfie or struggled with their rarely-used smartphone camera. This would not be in the public interest, a hurdle that all preliminary injunctions must cross.”
The federal Court also declined to rule the NYC Board of Elections administrative ban on photography. This BOE policy is apparently publicized through “no photography” signs posted at polling places.
Douglas Kellner, a member of the NYS Board of Elections, emailed a statement saying, “This does not end the lawsuit or discussion about the merits of the case. Assembly Member Brian Kavanagh (D-Manhattan) has also said that he may introduce legislation to change the law.”
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