Judge Set To Rule On New York Law Against Ballot Selfies

NEW YORK (CBSNewYork) -- A federal judge said he will rule this week on whether to throw out the ban on ballot selfies in New York state.

As WCBS 880's Alex Silverman reported, people are not being prosecuted for posting selfies with their ballots in New York.

"But it is a crime, punishable up to one year in prison so, you know, just the threat of that we feel stops people from engaging in this type of political speech," said attorney Leo Gilckman.

Last week, Eve Silber, Rebecca White, and Michael Emperor brought the lawsuit in U.S. District Court, asking a judge to declare the New York election law prohibiting "ballot selfies" unconstitutional.

They are asking for a ruling in time for Election Day on Tuesday, Nov. 8.

"The Supreme Court has said the pairing of imagery such as photographs and words can really enhance the power and credibility of message, and we agree," Glickman said.

A lawyer for the City of New York argued that ballot selfies are just a fad, and anyhow, it is too late to retrain all the poll workers.

Glickman said even if that is true, at least a court should free absentee voters to snap selfies from afar.