NEW YORK (CBSNewYork) — Three New York voters filed a lawsuit Wednesday asking the State of New York to rescind its ban on selfies at the polls.
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, according to attorney Leo Glickman of Stoll, Glickman & Bellina, who is representing the group.READ MORE: Walker Scores 19, Knicks Romp To End 15-Game Skid Vs 76ers
“Each election season, I see people put photographs of their ballot on social media, only to see them take it down after their friends and family warn them it’s illegal,” Glickman said.
The complaint said placing a photo of a voted ballot and publishing it to social media can be a powerful means of political expression.
WEB EXTRA: Read The Complaint
Three states with similar laws – Michigan, Indiana, and New Hampshire – have all seen their laws against ballot selfies struck down as going against the First Amendment, according to Glickman’s news release.
In Connecticut, selfies are being allowed at the polls. But officials will be keeping a close eye on whether or not the practice is disruptive for voters.
Connecticut Secretary of State Denise Merrill says there has been an ongoing effort to disallow cameras at polling sites for this reason, WCBS 880’s Fran Schneidau reported.READ MORE: Flames Use 4-Goal Outburst In 1st Period To Beat Devils
“The law did not pass, I don’t remember exactly what happened, but it has been a concern,” Merrill said.
Merrill says she would not be surprised to see a renewal of the legislative effort when Connecticut lawmakers reconvene.
According to Merrill, feedback from the upcoming Election Day vote will help to determine guidance for future elections.
In New Jersey, Assemblyman Raj Mukherji is pushing for a bill that would protect the right for voters to take selfies in the ballot box. It’s unclear whether the state law actually prohibits ballot selfies in the state.
Singer Justin Timberlake got into some trouble after posting a photo of him taking a photo while voting in Tennessee earlier this week, CBS News reported. The photos was then put on the singer’s Instagram page.
In Tennessee, taking photos at the ballot box is illegal.
The photo has since been removed.MORE NEWS: New York Weather: CBS2’s 10/27 Wednesday Morning Forecast
Election Day is on Nov. 8.