Tuesday, November 6, 2012

(Video) The latest voter intimidation tactic: Saying it is a felony to POST UP YOUR BALLOT regardless to what state you are in.. State Law: Documenting the Vote 2012 X Voting machine changes Obama Vote to Romney Vote..

Naw.. Read for yourself though. All 50 States...

I was going to avoid putting anything up about the election but after seeing CERTIFIED account after CERTIFIED account repeating this, I decided that maybe it should go up.

Obviously, you should follow the law in YOUR STATE. You also not assume the law is the same in your state as it is others. Good or bad.

The argument for me isn't whether or not it is in 'good taste' to post up such information. After all, I'm sure there are a group of voters in Florida who WISH they had done such a thing. I find it funny how it does come down to a matter of 'taste' for some of you. The same lot of you who deem it okay for us to put up 'underage sexual acts' for your own personal bashing target practice or like to have your 'fights' and 'murders' put up online at a certain popular urban site for all to see. Very interesting what you guys want to 'fight' or cry foul about when it comes to your technology.

Now the main question everyone is asking is this:

Why would anyone want to take a picture of their ballot? 

Are we REALLY going to act this dumb? Really? It is the SAME REASON WHY EVERYONE TAKES ANY PICTURE THEY TAKE. Proof. Proof that all those months of talking about how you support 'such and such' actually came to fruition. That you just weren't paying lip service. There's also that little incident that I alluded to up top in Florida. Those two FACTORS ALONE are enough in my book. Now maybe YOU wouldn't do it but there are PLENTY of things I see some of you post up pictures of (Some of y'all need to clean your rooms up and shit..) that I WOULD NEVER POST PICS UP OF. Just to prove you 'got it like that'. Your lil 'loud' packs. Your 'Mollys'. Your blurry ass club pics. Even INCRIMINATING FIGHT VIDEO AND SUCH. None of which are 'legal' for everyone. So..... about that rhetorical question of 'Why?" Save it fam. You wouldn't do it. No problem. Lets not play dumb though. 

Here's a VIDEO as to why one would do such a thing....

Here is the user's account as well..

My wife and I went to the voting booths this morning before work. There were 4 older ladies running the show and 3 voting booths that are similar to a science fair project in how they fold up. They had an oval VOTE logo on top center and a cartridge slot on the left that the volunteers used to start your ballot.
I initially selected Obama but Romney was highlighted. I assumed it was being picky so I deselected Romney and tried Obama again, this time more carefully, and still got Romney. Being a software developer, I immediately went into troubleshoot mode. I first thought the calibration was off and tried selecting Jill Stein to actually highlight Obama. Nope. Jill Stein was selected just fine. Next I deselected her and started at the top of Romney’s name and started tapping very closely together to find the ‘active areas’. From the top of Romney’s button down to the bottom of the black checkbox beside Obama’s name was all active for Romney. From the bottom of that same checkbox to the bottom of the Obama button (basically a small white sliver) is what let me choose Obama. Stein’s button was fine. All other buttons worked fine.
I asked the voters on either side of me if they had any problems and they reported they did not. I then called over a volunteer to have a look at it. She him hawed for a bit then calmly said “It’s nothing to worry about, everything will be OK.” and went back to what she was doing. I then recorded this video.
There is a lot of speculation that the footage is edited. I’m not a video guy, but if it’s possible to prove whether a video has been altered or not, I will GLADLY provide the raw footage to anyone who is willing to do so. The jumping frames are a result of the shitty camera app on my Android phone, nothing more.

On this page, we provide a list of election laws, websites, and contact information for election officials in all 50 states and the District of Columbia. Contacting your state election officials is a great way to get information about what your state allows in terms of documenting the vote. As you learn new information, please contact us and let us know how your state is handling these requests, so we can share that information on this site.
This page begins with a chart summarizing the law in each state in order to determine whether your state allows recording inside polling places. Click on your state for specific information and notes. For general guidelines on photography and videography in and around polling places, see the general Documenting the Vote 2012 page.
Select a state below to jump to its relevant information.
(Note: this chart is a work-in-progress. If you have additional information on this topic, pleasecontact us. We're encouraging people to use the hashtag #DocTheVote12 to share with the world what you find out regarding filming at your polling place.)
StateDoes State Law Expressly Prohibit All Recording Inside the Polling Place?
see below
Written Official Statement on Photos/Filming Exists
** see below, or click on your state name for more info
Photos or Filming of Own Marked Ballot Prohibited
*** see below
ArkansasNosee below
CaliforniaNosee belowX
ConnecticutNosee below
District of ColumbiaNosee below
Georgiasee belowX
HawaiiNosee below
IdahoNosee below
IndianaNo see belowX
IowaNosee belowX
KansasNoXsee below
KentuckyYes see below (1)Xsee below (2)
MaineNosee below
MarylandNosee below
MassachusettsNosee belowX
MinnesotaNosee below (1)see below (2)
MississippiNosee belowX
MissouriNosee belowX
NebraskaNosee below X
New HampshireNosee below
New JerseyNosee belowX
New MexicoNosee belowX
New YorkNoX
North CarolinaYes see belowX
North DakotaNosee below
OhioNosee below (1)see below (2)
PennsylvaniaNosee below
Rhode IslandNo
South CarolinaNoXX
South DakotaNoX
TexasYessee below 
UtahNosee below
West VirginiaYes see belowX
* Regardless of whether there is a specific statute about photography or video, nearly all states prohibit conduct that intimidates voters, interferes with their exercise of the right to vote, or disrupts the voting process. Election officials may take the view that photography or videography runs afoul of these laws.
** This column identifies whether a state agency or official (e.g., the Secretary of State or the state's Attorney General) has made any statement on whether or how cameras are allowed to be used at a polling place. These statements may indicate that photography/video is: (1) prohibited, even though there is no specific statute on point; (2) allowed at the discretion of local poll officials; or (3) allowed in certain circumstances or under certain restrictions. Links to these statements appear below.
*** This column refers to the practice of photographing or filming one's own vote at the time of voting and afterwards displaying the image on a publicly accessible platform like the Internet. Streaming live video of your own marked ballot may create legal problems in additional states. "?" means the law is unclear. Keep in mind that states have these laws to prevent vote buying and coercion, so you should be cautious of publicly posting your ballot.





      • Contact Information:
      • Relevant Law:

        • Link to Arkansas Code
          • Ark. Code § 7-1-103 - Miscellaneous misdemeanor offenses
          • Ark. Code § 7-1-104 - Miscellaneous felonies
          • Ark. Code § 7-5-309 - Voting procedure
          • Ark. Code § 7-5-310 - Privacy -- Assistance to disabled voters
          • Ark. Code § 7-5-521 - Arrangement of polling place
      • Notes:

        • Ark. Code § 7-1-103(a)(22) prohibits "any ... person in or out of this state in any primary, general, or special election in this state" from "divulg[ing] to any person the results of any votes cast for any candidate or on any issue in the election until after the closing of the polls on the day of the election." It is not clear whether this applies to individual votes or to the overall results of the election.




      • Contact Information:
      • Relevant Law:

      • Notes:

        • Conn. Gen. Stat. § 9-366 criminalizes a wide range of activities relating to inducing others to disclose their votes and attempting to learn how another voter has cast his or her ballot. It also criminalizes "any act which invades or interferes with the secrecy of the voting or causes the same to be invaded or interfered with." It is not clear whether disclosure of one's own vote would violate the statute.


      District of Columbia



      • Contact Information:
      • Relevant Law:

        • Ga. Code § 21-2-2(27) - Definitions (subparagraph 27 defines "Polling Place")
        • Ga. Code § 21-2-267 - Equipment and arrangement of polling places
        • Ga. Code § 21-2-413 - Conduct of voters, campaigners, and others at polling places generally
          • Note: 21-2-413(e) specifically prohibits the use of photographic or cellular devices while "within the enclosed space in a polling place."
        • Ga. Code § 21-2-414 - Restrictions on campaign activities and public opinion polling within the vicinity of a polling place; cellular phone use prohibited in voting booth
        • Ga. Code § 21-2-568 - Entry into voting compartment or booth while another voting; interfering with elector; inducing elector to reveal or revealing elector's vote without their consent
      • Notes:

        • Ga. Code § 21-2-413 states, "No elector shall use photographic or other electronic monitoring or recording devices or cellular telephones while such elector is within the enclosed space in a polling place." (Emphasis added.) Ga. Code § 21-2-2(27)defines the "polling place" as "the room provided in each precinct for voting[,]" while Ga. Code § 21-2-267 indicates that the "enclosed space" is the area within a "guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box." It is not clear whether use of recording devices may therefore be permitted within the "polling place" but outside of the "enclosed space"; check with local officials before taking pictures or video.


      • Contact Information:
        • Hawaii Office of Elections
        • Telephone number: (808) 453-VOTE
        • Neighbor Isle Toll-Free Number: (800) 442-VOTE
        • E-mail: elections@hawaii.gov
      • Relevant Law:

      • Notes:

        • Haw. Rev. Stat. § 11-137 states, "If any person ... willfully exhibits the person's ballot or the person's unvoted ballots in a special primary or primary election ... after the ballot has been marked, the person shall forfeit the person's right to vote, and the chairperson of the precinct officials shall cause a record to be made of the proceeding." It is not clear whether the limitation "in a special primary or primary election" applies only to unvoted ballots, which would allow display of an image of a voted ballot in a general, as opposed to primary, election.


      • Contact Information:
      • Relevant Law:

      • Notes:

        • Idaho Code § 34-1110 provides in part that "[n]o judge, clerk or other person shall, directly or indirectly, attempt to induce any voter to display his ticket after he shall have marked the same, or to make known to any person the name of any candidate for or against whom he may have voted." It is unclear from the language of the statute whether the prohibition is meant to apply only against disclosures of another's vote, or disclosure of both yours and another's vote.


      • Contact Information:
      • Relevant Law:

        • Illinois Election Code
          • 10 Ill. Comp. Stat. 5/29-4 - Intimidation of voter
          • 10 Ill. Comp. Stat. 5/29-9 - Unlawful observation of voting
          • 10 Ill. Comp. Stat. 5/17-29 - 100-foot zone


      • Contact Information:
      • Relevant Law:

      • Notes:

        • Indiana has a specific statute governing media access to polls, which is limited to "daily, weekly, semiweekly, or triweekly newspaper[s] of general circulation," "news service[s]," and "radio or television station[s]" operating in the county where an election is held. (Ind. Code § 3-6-10-1.) These individuals are allowed to take photographs, except when the photography would reveals how voters are voting and when a voter objects to being photographed. (Ind. Code 3-6-10-5.) It is unclear whether election officials will limit photography to those who meet this traditional media definition.


        • Notes:

          • The Iowa Secretary of State's guidelines on election operation instruct local election officials to "Allow members of the media to be inside the polling place to take photographs or film activity, but do not allow them to interfere with the voting process." (See page 16.) The Secretary's guidelines ask members of the media to identify themselves, but do not explicitly require any form of formal identification. Members of the media are instructed not to record how individuals voted.


        • Other Resources:

        • Notes:

          • Kan. Stat. § 25-2422 defines an "unauthorized voting disclosure" as "while being charged with any election duty, intentionally ...[d]isclosing or exposing the contents of any ballot or the manner in which the ballot has been voted, except as ordered by a court of competent jurisdiction." It is not clear from the statute whether voters are considered to be "charged with an election duty," or whether this only applies to election officials with access to completed ballots.








        • Other Resources: 

        • Notes:

          • (1) No specific statute addresses the ability to record inside the polling place, butMinn. Stat. § 204C.06(2) states that an individual may only remain in the polling area "while voting or registering to vote, providing proof of residence for an individual who is registering to vote, or assisting a disabled voter or a voter who is unable to read English." An exception is made for news media, but only when "with either a recognized media credential or written statement from a local election official attesting to the media representative's credentials." § 204C.06(8). An email from the Secretary of State's office from 2008 stated that "the Office of the Minnesota Secretary of State strongly discourages voters from using cameras or video recorders in the polling place."
          • (2) § 204C.17 states that "a voter shall not reveal to anyone in the polling placethe name of any candidate for whom the voter intends to vote or has voted" (emphasis added). It is unclear whether Minnesota courts would apply this section to photography which subsequently reveals to the public how the voter has voted.





          • Notes:

            • A 2010 press release from the Nebraska Secretary of State states that the Secretary "request[s] that people turn off their cell phones and refrain from using cameras" while at the polls.


          New Hampshire

          • Notes:

            • N.H. Rev. Stat. § 659:35 states that "No voter shall allow his ballot to be seen by any person with the intention of letting it be known how he is about to vote . . ." (emphasis added). It is unclear whether New Hampshire courts would apply this prohibition to disclosures made after the ballot has been cast.

          New Jersey

          New Mexico

          • Contact Information:
          • Relevant Law:

          • Notes:

            • New Mexico Administrative Code § (pdf) prohibits election observers from using cell phones and electronic recording equipment during a provisional ballot counting process, but no similar regulation exists for non-provisional ballots.

          New York

          North Carolina

          North Dakota

          • Contact Information:
          • Relevant Law:

          • Notes:

            • While tangential to the question of whether a camera will be allowed in the polling place, a lawsuit challenging North Dakota's general anti-electioneering statute, N.D. Code § 16.1-10-06, just resulted in a preliminary injunction against the electioneering statute's enforcement. Emineth v. Jaeger, No. 1:12-cv-139, (D.N.D. Oct. 31, 2012). Separate statutes specifically prohibit other election-day activity at the polling place, including wearing political buttons or other insignia at the polling place (N.D. Code § 16.1-10-03) and "selling, soliciting for sale, advertising for sale, or distributing any merchandise, product, literature, or service" at the polling place (N.D. Code § 16.1-10-06.2). It is unclear how this recent opinion will impact treatment of requests to film at the polling place.





          • Contact Information:
          • Relevant Law:

            • Pa. Const. Art. VII, § 4 - Secrecy in voting
            • Link to Pennsylvania Statutes
              • 25 Pa. Stat. § 2642 - Powers and duties of county boards
              • 25 Pa. Stat. § 3054 - Admission of electors within enclosed space
              • 25 Pa. Stat. § 3057 - Time allowed elector in voting booth or voting machine compartment
              • 25 Pa. Stat. § 3060 - Regulations in f0rce at polling places
              • 25 Pa. Stat. § 3530 - Unlawful assistance in voting
              • 25 Pa. Stat. § 3547 - Prohibiting duress and intimidation of voters and interference with the free exercise of the elective franchise
          • Other Resources:

          • Notes:

            • 25 Pa. Stat. § 3530 prohibits a voter from revealing a "ballot or the face of the voting machine voted by him to be seen by any person with the apparent intention of letting it be known how he is about to vote." (Emphasis added.) This would appear to prohibit live streaming of an unsubmitted ballot, but not the publication of images of a ballot after it has been submitted.

            Rhode Island

            South Carolina

            South Dakota




            • Contact Information:
            • Relevant Law:

            • Notes:

              • Utah Code § 20A-3-504 prohibits a voter's display of his/her ballot "with an intent to reveal how he[/she] is about to vote." (Emphasis added.) This would appear to prohibit live streaming of an unsubmitted ballot, but not the publication of images of a ballot after it has been submitted.




              West Virginia



              • Contact Information:
              • Relevant Law:

                • Link to Wyoming Statutes, Title 22 - Elections
                  • Wyo. Stat. § 22-13-103 - Preservation of order; space around voting booths and machines
                  • Wyo. Stat. § 22-13-106 - Marking and depositing of paper ballots
                  • Wyo. Stat. § 22-13-113 - Persons permitted in voting booth; time limit
                  • Wyo. Stat. §§ 22-26-112, 114 - Prohibiting creation of disturbance at polling place

              State Law: Documenting the Vote 2012 | Citizen Media Law Project