On October 24, U.S. District Court Judge Janet Neff, a Bush Jr. appointee, enjoined the Michigan law that makes it a crime for anyone to photograph his or her own voted ballot. The Michigan law is more severe than similar laws in other states. The mere act of snapping the picture is a crime, even if the photographer doesn’t show the picture to anyone else. Furthermore it is illegal in Michigan for anyone except institutional media to even use a cell phone inside a polling place.
The case is Crookston v Johnson, w.d., 1:16cv-1109. Here is the decision. The state argued that the injunction should not be granted because the lawsuit was filed too close to the election. It was filed September 9, 2016. The court did not agree that the case had been filed too late. Thanks to Rick Hasen for the link.
Now that’s a bit of good news for government (and oversight) BY the people.
Copies of voted ballots may be evidence in ballot access and gerrymander cases.