LANSING – In this age of people publicly documenting every moment of life, a House panel decided Thursday to expand that right and allow people to take selfies while voting.
"Current law says you can’t take a picture of your ballot," said state Rep. Steven Johnson, R-Wayland. "Everyone has a constitutional right to vote. Why shouldn’t you be able to document it?"
Joel Crookston of Portage told members of the House Elections and Ethics Committee that he took a selfie at his voting precinct in 2012, including a shot of his ballot, which included the name of a friend whom he wrote in for an elected office.
After posting the shot on social media, another friend called and told him he was actually breaking the law with the selfie, and faced a punishment of up to 90 days in jail or a $500 fine if he were charged. So he sued the Secretary of State in federal court, saying its policy of banning voting selfies violated his First Amendment rights. He got a favorable ruling in U.S. District Court in Detroit.
But Attorney General Bill Schuette, acting on behalf of Secretary of State Ruth Johnson, is appealing the ruling, saying the ban is important to discourage people from trying to buy votes or coerce or intimidate voters by demanding proof of how they voted.
The committee wasn't scheduled to vote on the measure before the end of this legislative session, with Rep. Aaron Miller, R-Sturgis, saying it would be a good thing to consider in the future.
"I think the policy is in line with the state constitution," he said. "But my goal is to support this in the future."
State Rep. Adam Zemke, D-Ann Arbor, called for a vote and it ended up passing 8-0. But with the Secretary of State's Office officially opposed to the legislation, it's uncertain whether the bill — HB 4328 — will get a vote in the House or Senate before the end of the year.
Crookston, however, ended his testimony appropriately. He took a selfie of himself at the committee hearing.
Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal
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