Question of the day
Tuesday, Nov 8, 2016 - Posted by Rich Miller
* Crain’s…
Can Illinois voters heading to the polls take photos of their ballots? Here’s what the state Board of Elections says:
“Allowing someone to see a voter’s voted ballot is, in general, technically a felony in Illinois,” Heather Kimmons, legal counsel at the Illinois State Board of Elections, said in an email to Crain’s.
She noted there are exceptions for handicapped or illiterate voters receiving assistance in voting.
Section 29-9 of state law says that “any person who knowingly marks his ballot or casts his vote on a voting machine or voting device so that it can be observed by another person, and any person who knowingly observes another person lawfully marking a ballot or lawfully casting his vote on a voting machine or voting device, shall be guilty of a Class 4 felony.”
However, Kimmons said, “we have not heard of any state’s attorney prosecuting anyone who simply posts a picture to Facebook (or a similar social media site) under this statute.”
* The Question: Should Illinois law be changed to allow voters to share photos of their completed ballots? Take the poll and then explain your answer in comments, please.
surveys
- OurMagician - Tuesday, Nov 8, 16 @ 10:04 am:
Should stay on the books but be applied using common sense. A “hey I voted” is one thing, a picture taken to prove your vote for $$$ is another and is the reason the law should remain.
- Magic carpet ride - Tuesday, Nov 8, 16 @ 10:06 am:
I voted no. Finally a no selfie zone. Lol
- Chicago Guy - Tuesday, Nov 8, 16 @ 10:06 am:
It would facilitate vote buying and coercion to vote a certain way.
The “I voted” sticker is all the proof you need.
- Downstate GOP Faithless - Tuesday, Nov 8, 16 @ 10:07 am:
I don’t have a better way of saying this, and I risk getting deleted (although not banned), than to say this is dumb. It’s one of those things where common sense dictates I ought to be able to share what I want (within rules of decorum). Nobody really envisioned it!
- Seats - Tuesday, Nov 8, 16 @ 10:11 am:
I voted ‘no’ because it would lead to people shopping harder for votes. Although I would reduce the penalty so that it isn’t a felony.
- Not It - Tuesday, Nov 8, 16 @ 10:13 am:
Absolutely not, this shouldn’t even be a question! Otherwise you’ll have campaign bosses and family/friends pressuring you to post your ballot decisions. By making it illegal to take a picture of your vote you have a legitimate excuse why you can’t share your decision.
- downstate commissioner - Tuesday, Nov 8, 16 @ 10:13 am:
voted yes, just because of free speech issues…
- Bryan Engelbrecht - Tuesday, Nov 8, 16 @ 10:19 am:
Heck no you should not be able to take a picture of your ballot. It’s called a secret ballot for a reason! Take a picture outside the polls with your sticker on next to your candidate’s sign if you want to prove your point for whom you voted for on social media.
- Anonymous - Tuesday, Nov 8, 16 @ 10:20 am:
People talk about stickers and selfies being a problem re: vote buying.
But vote buying is illegal with or without stickers or pictures, so why are people so upset about stickers and selfies?
The best way to avoid vote buying is to not let people vote. Then they have nothing to sell. /s
- baloneymous - Tuesday, Nov 8, 16 @ 10:22 am:
voted yes, no reason to criminalize something like this in the selfie/social media/digital age. rather see pics of this than more stupid 30 sec crock pot recipes.
- Anonymous - Tuesday, Nov 8, 16 @ 10:22 am:
As far as the “secret ballot” issue goes, I always viewed it as protection of our privacy to not have to share our votes. However, if I wanted to tell someone how I voted, why is that different from a picture? What if I print off a mock ballot (that looks very authentic) and fill it out, and take a picture with it, and post it on facebook?
If posting on social media excites people enough to encourage them to vote (so they’re not shamed at not voting) who the hell cares? GOTV
- Robert the Bruce - Tuesday, Nov 8, 16 @ 10:27 am:
No. Would open the door to strongarming by unions/chambers to suggest their members show their ballot.
- AlfondoGonz - Tuesday, Nov 8, 16 @ 10:30 am:
Voted no, only because I think the time and effort it would take the change the law to acquiesce to such a trivial thing amounts to waste.
- Anonymous - Tuesday, Nov 8, 16 @ 10:31 am:
I’ve always understood the “secret ballot” idea to be more of a protection of our privacy in the voting booth. People can ask whom I voted for but I don’t have to tell them, and I certainly don’t have to give them proof of how I voted.
However, if I want to share, that should be my right. If I printed off a mock ballot that looked incredibly authentic and posted a picture of my filled out “ballot”, it would look exactly like a ballot selfie, and it would have the same information as a ballot selfie, so why get so caught up on this.
If people take pictures of someone else’s ballot, that’s a problem, but my ballot? Psh, who cares.
- Ahoy! - Tuesday, Nov 8, 16 @ 10:33 am:
Voted no simply because of Illinois history of vote buying. Obviously someone can take a picture of their ballot and show it to get paid pretty easily and not get caught (unless you post it on social media, which you’re probably not doing if you’re actually getting paid). Just because it’s easy doesn’t mean we should encourage it by making it legal.
- LizPhairTax - Tuesday, Nov 8, 16 @ 10:33 am:
Heeeey duuudes,
Vote buying already happens, it’s just that the money goes to tv stations, printers and consultants. whoa. think on that.
I voted no.
- titan - Tuesday, Nov 8, 16 @ 10:37 am:
The less often discussed issue is that the flash and clicking noise going off in the polling place is disruptive/intimidating/harassing to the other voters. Sometimes people need to have some consideration for others.
- ChicagoVinny - Tuesday, Nov 8, 16 @ 10:38 am:
Yes. 1st amendment.
- DuPage Saint - Tuesday, Nov 8, 16 @ 10:40 am:
I voted no. However if they get rid of Shakeman Decree and you could bring proof of your vote in to get a raise, then I would vote yes
- Jocko - Tuesday, Nov 8, 16 @ 10:45 am:
Voted No. In addition to coercion, I think Millennials need to be reminded “It’s not about you!”
- Anonymous - Tuesday, Nov 8, 16 @ 10:52 am:
As far as the “time and effort it would take the change the law to acquiesce to such a trivial thing…”, it seems like it would just take passing this bill:
http://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=88&GA=99&DocTypeId=SB&DocNum=2535&GAID=13&LegID=95297&SpecSess=&Session=
- Amalia - Tuesday, Nov 8, 16 @ 10:55 am:
go ahead, arrest all the women taking a photo of their ballot for the first woman running in a general for president. and when Lisa runs for governor. my ballot my photo.
- Chicago_Downstater - Tuesday, Nov 8, 16 @ 10:57 am:
Voted no.
Freedom of speech is not unlimited in the US. I think trying to protect the privacy of the secret ballot is a good reason to limit it.
Honestly, I just hate to think of the vote being subjected to the same social media pressures as a “Who’s Hotter: Trump or Clinton?” twitter poll.
- thechampaignlife - Tuesday, Nov 8, 16 @ 10:57 am:
Voted no but I see some merit to the yes arguments. Another one I will throw out there: you could take a photo of a marked ballot to prove how you voted, then spoil it to vote how you actually want. So even photo-based vote buying is not foolproof.
- Tommydanger - Tuesday, Nov 8, 16 @ 11:07 am:
Heck no!! Then my wife would demand proof that I voted for who she told me to vote for.
- Visual Manager - Tuesday, Nov 8, 16 @ 11:19 am:
So let me get this straight, its OK for a felon to be elected to a position of trust. But its not OK for an 18 year old to take a photo of their first ballot? I would actually be OK with someone convicted of this felony and running for office. Anybody else really confused?? Follow up question does anyone know how many people have been convicted/charged with this?
- Stark - Tuesday, Nov 8, 16 @ 12:02 pm:
Fun fact, if you don’t want to share your private ballot, you don’t have to. If you want to exercise your right to free expression, I see no qualms. Delirious to suggest this will create an enlarged vote buying scheme. Why don’t you just stomp on the election officials while you have them down there if you think they’re so incompetent to judge individual situations for what they are.
- Dome Gnome - Tuesday, Nov 8, 16 @ 12:08 pm:
I voted no, for some of the same aforementioned concerns regarding vote-buying. I also believe that phones/cameras could be potentially used for voter intimidation.
- cermak_rd - Tuesday, Nov 8, 16 @ 12:15 pm:
I voted no because of concern over vote buying. I think the currency have the law on the books in case needed but overlook harmless infractions is best.
- Faustian - Tuesday, Nov 8, 16 @ 12:29 pm:
The statute says nothing about photographing ones own ballot- so yes it should be legal
- Anon221 - Tuesday, Nov 8, 16 @ 12:32 pm:
Don’t do it in New York State…
http://www.nydailynews.com/news/politics/eric-trump-broken-law-election-ballot-tweet-article-1.2864277
- My New Handle - Tuesday, Nov 8, 16 @ 12:51 pm:
So a photo would be proof a person voted for candidates that he/she promised to vote for. Nah. That’s a No.
- Just Observing - Tuesday, Nov 8, 16 @ 1:27 pm:
Voted yes, on the premise that something shouldn’t be illegal if nobody is going to be prosecuted for and that nobody thinks someone should actually be prosecuted for.
That said, some of the “no” arguments are compelling.
- Anonymous - Tuesday, Nov 8, 16 @ 1:59 pm:
I voted no for multiple reasons.
- walker - Tuesday, Nov 8, 16 @ 2:15 pm:
No. Current law is a significant anti-corruption measure.
- Downstate43 - Tuesday, Nov 8, 16 @ 3:11 pm:
If “yes”, at least we might finally have reliable exit polling.
- LessAnon? - Tuesday, Nov 8, 16 @ 4:17 pm:
Would promote more vote buying to a level never before seen.
- Anonymous - Tuesday, Nov 8, 16 @ 5:13 pm:
I voted yes but after reading comments I really think no.
- Captain Obvious - Tuesday, Nov 8, 16 @ 6:36 pm:
Are there people out there so ignorant as to be unclear on the concept of the secret ballot and why it must be so? Apparently there are.
- Late to the Party - Wednesday, Nov 9, 16 @ 6:20 am:
I voted no. We should not encourage people to post photos of their personal life. I, for one, am not interested in how someone else voted, or what their lunch looked like, or what silly pose they struck on their couch.