A federal judge on Wednesday denied [order, PDF] a legal challenge to the state’s ban on taking personal photos at polling locations, known as “ballot selfies” on election day. The American Civil Liberties Union (ACLU) of Northern California [advocacy website] filed the lawsuit [complaint, PDF] on Monday against California Secretary of State Alex Padilla [official profile], arguing that photographing one’s ballot is a form of political speech protected under the First Amendment [LII materials] of the US Constitution. The judge dismissed the suit because he believed a change in the law could confuse voters [LAT report] if made close to election day. Padilla stated the decision applies only to the general elections [statement] held this month, as a new law would allow “ballot selfies” beginning January 1, 2017.

Voter rights continue to plague this election cycle, and more courts have examined the issue of ballot selfies approaching the US general election. Last week the US Court of Appeals for the Sixth Circuit granted a stay [JURIST report] on the preliminary injunction that had halted Michigan’s ban on taking ballot selfies. Also last week a New York law prohibiting a person from showing the contents of her prepared voting ballot was challenged as unconstitutional [JURIST report] by state voters for violating their First Amendment rights. The complaint alleges that the law infringes on voters’ freedom of speech and freedom of expression under the US Constitution as well as the New York state Constitution. In the past month similar laws banning the ballot selfie have been rejected [JURIST report] in Michigan and New Hampshire.