On October 28, the Sixth Circuit reversed a U.S. District Court and reimposed the Michigan ban on photography at polling places. Here is the 2-1 decision in Crookston v Johnson, 16-2490. Judge Jeffrey Sutton, a Bush Jr. appointee, wrote the opinion. It was co-signed by Judge Ralph B. Guy, a Reagan appointee. Judge R. Guy Cole, a Clinton appointee, dissented.
The majority laid great stress on the fact that the lawsuit had been filed so close to the election, and also to the fact that the case had proceeded so fast, there had been no time for a hearing at which the state could have put on evidence. The case will continue after the election is over. Thanks to Rick Hasen for this news.
There is no penalty for anyone who photographs his or her ballot, except that the ballot will be rejected and thus the person loses the chance to vote.