[EL] Ballot Selfies, Voter Integrity and New Technology

[Richard Winger]

Coercion is far easier with postal ballots.  In that case of postal ballots, the coercing person can not only watch the voter fill out the ballot, the coercer can then take that voted ballot to the postal pick up box and deposit it in the postal mail.
Whereas with poll place voting, a coerced voter can easily evade the coercer, but photographing a voted ballot, but then not depositing it in the polling place receptacle.  Instead the voter, after taking the photograph, can tell the polling place official he or she spoiled the ballot, and ask for a new ballot.
 Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147

      From: Steve Klein <stephen.klein.esq at gmail.com>
 To: "law-election at uci.edu" <law-election at uci.edu> 
 Sent: Sunday, October 30, 2016 10:40 AM
 Subject: [EL] Ballot Selfies, Voter Integrity and New Technology
   

Viral Video of Son Joking He’s Not Voting for Clinton Prompts Mom to Ask for Ballot Selfie to Prove How He Voted
Posted on October 30, 2016 9:33 am by Rick Hasen
Yeah, it’s funny.
But it’s not. Ballot selfies can facilitate coercion, not just vote buying.

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 KleinAttorney*Pillar of Law Institutewww.pillaroflaw.org
*Licensed to practice law in Illinois and Michigan
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