A federal judge on Monday issued a preliminary injunction blocking Michigan Secretary of State Ruth Johnson from enforcing a ban against "ballot selfies" on election day. The state statute made the act of posting and displaying one's ballot a misdemeanor offense, thereby prohibiting state residents from taking pictures of ballots for social media.
Earlier this month the statute was challenged under the argument that such prohibition violates the First Amendment freedom of speech. In granting injunction, the court stated that "the interests in the integrity of the electoral process can be secured in a more reasonable manner than the blanket prohibition on citizen photography."
Nonetheless, the state has continued to support the ban, stating that the long-held law prevents voter intimidation and coercion. The state further warned that challenging the law may compromise the upcoming election. Johnson has requested that the court freeze the order to allow an appeal. Should the request be granted, the US Court of Appeals for the Sixth Circuit would need to rule before election day arrives.
Voter rights continue to plague this election cycle. Last month the US Court of Appeals for the First Circuit struck down a similar New Hampshire law that banned ballot selfies. Last week the US Court of Appeals for the Fourth Circuit denied an emergency motion from North Carolina counties to extend the hours of early voting.
Earlier this month a district court judge ruled that Ohio must allow most unlawfully purged voters to vote in November. In September a district court judge granted a motion blocking Illinois from allowing voter registration on election day in the state's most populated counties. Also in September the US Supreme Court denied a motion to reinstate North Carolina's recently overturned law that limited early voting to 10 days and required voters to present approved identification cards
(Published by Jurist - October 25, 2016)