Judge bans ballot-box selfies in New York

New Yorkers won't be able to snap ballot selfies on election day

A Manhattan federal judge ruled Thursday that a state law banning images of marked ballots was legal under the Constitution.

The decision by Judge P. Kevin Castel tossed a lawsuit brought by three New Yorkers against the new ballot selfie law.

"Taking a photograph of a filled out ballot is a powerful political statement that demonstrates the importance of voting,” the plaintiffs argued in court papers. “Without the photograph, the message loses its power."

But Castel found that the government "convincingly demonstrated that secret ballots remain critical to combating vote buying and voter intimidation" — and that the law is "narrowly tailored" to protect integrity in elections.

Castel didn't buy arguments that the law undermines free speech.

"The statute prohibits showing another person one's marked the ballot, regardless of the contents, it is viewpoint neutral," he said in his ruling.

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He agreed with city officials' arguments that a no-photography policy is a practical way to avoid delays at the polls — which could turn some away from casting ballots.

"Some voters will require multiple photographs to capture their ballot along with themselves in different poses, or repeated photographs where the original was inadequate due to deficient lighting, disheveled hair, or misplaced accessories," Castel wrote.

A city Law Department spokesman touted the ruling, saying, "We are pleased with the ruling which upholds an important statute and (Board of Elections) policy intended to preserve the integrity of our voting process."

Lawyers for the three New Yorkers said they plan to appeal the ruling.