[EL] Ballot Selfies, Voter Integrity and New Technology

[Steve Klein]

>
>
> *Viral Video of Son Joking He’s Not Voting for Clinton Prompts Mom to Ask
> for Ballot Selfie to Prove How He Voted
> <http://electionlawblog.org/?p=88304>*Posted on October 30, 2016 9:33 am
> <http://electionlawblog.org/?p=88304> by
> *Rick Hasen* <http://electionlawblog.org/?author=3>Yeah, it’s funny.
> <https://twitter.com/xxxjayglo/status/792039225877299200>But it’s not.
> Ballot selfies can facilitate coercion, not just vote buying
> <http://electionlawblog.org/?p=88276>.


I argued in our briefing in the Western District of Michigan that the same
new technology that allows for easy ballot selfies also allows citizens to
now catch much of the subtle coercion that so concerned the Supreme Court
in *Burson*.

This video is funny, in part, because it’s an open recording, but most
states (including Michigan) allow for secret recording with single-party
consent (that is, you can secretly record your own conversations). Audio
recording from an iPhone of subtle coercion may not rise to the level of
overt threats or vote-buy offers to make a solid legal case, but it’s
certainly a chance for average citizens to protect themselves by going to
the press or, just maybe, provide some real evidence that ballot selfies
are just too dangerous to voting integrity.

But a simple search of social media platforms, even from users in states
where ballot selfies are illegal, is bound to show a whole lot of ballot
selfies next week. They will implicate nothing other than electoral
advocacy and civic pride.

--
Steve Klein
Attorney*
Pillar of Law Institute
www.pillaroflaw.org

**Licensed to practice law in Illinois and Michigan*
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20161030/34c016a9/attachment.html>