Colorado Politics

Judge rules selfies with ballot are OK in Colorado

In a preliminary injunction Friday evening, a federal judge in Denver shuttered a Colorado law that barred the selfie from the ballot.

Colorado has had a law that prohibits voters from sharing photos of their completed ballots. The law was intended to keep people from selling their votes and offering a photo as proof that the deed was done.

U.S. District Judge Christine Arguello, in a 26-page ruling, said the confusing law shouldn’t be enforced.

She noted that Denver District Attorney Mitch Morrissey had recently issued a press release that put the old law back in the public eye.

“On the other hand, defendants have submitted affidavits from some of the district attorneys indicating that they do not intend to prosecute an individual for displaying their ballot unless there is evidence of the violation of another election law,” she wrote in the order.

“By issuing an injunction in this case, Coloradans get what they are entitled to – clarity on an issue that implicates fundamental constitutional rights. Thus, the court finds that granting this injunction is in the public interest.”

State Sen. Owen Hill, a Republican from Colorado Springs, saw that as a government overreach into First Amendment rights, so he filed a complaint two weeks ago.

He testified during the two-day hearing this week that if a person wanted to take a picture with his ballot and his family, his reason for posting a picture on social media would be to encourage others to vote.

“Today is, quite simply, a big win for Colorado voters,” Hill said in a statement Friday evening. “In this crucial time leading up to Election Day, the court’s ruling is proof that the First Amendment will continue to be a pillar holding up the roof of our Republic.

“Coloradans can be assured they won’t be prosecuted for taking a picture of their ballot in order to have their voice be heard.”

The law, passed in 1891 and updated in 1980, carried a misdemeanor charge with a fine up of up to $1,000 and up to a year in the county jail.

“We continue to believe the law serves an important interest in protecting the integrity of the election and guarding against inducements and voter intimidation,” said Suzanne Staiert, Colorado’s deputy secretary of state. “We are pleased the injunction does not apply to the secretary or the 64 county clerks currently focused on running the election. Currently, photography is banned in many voter polling and service centers. This order has no effect on those bans and voters should not expect this order to alter the process for in-person voting.”

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