ACLU Foundations of California v. Alex Padilla (Ballot Selfies)

Closed Case
Oct 31, 2016

Page Media

ballot selfie

The ACLU Foundation of Northern California, the ACLU Foundation of Southern California, and the ACLU Foundation of San Diego & Imperial Counties filed suit against Secretary of State Alex Padilla challenging two statutes that prohibit voters from sharing ballot selfies. The suit asks for a temporary restraining order to prohibit the state from enforcing the ban for the November presidential election.

Photographing and sharing one’s ballot is political speech protected by the First Amendment and any attempt to enforce the current ban is an unconstitutional violation of the right to free speech.

The California ban has been repealed and amended by the Legislature. But the new law allowing voters to share their voted ballot doesn't take effect until January.