FAYETTEVILLE -- The Washington County Election Commission on Wednesday approved a policy on how to handle cellphone use in polling locations.
The commission had an unofficial policy not to allow voters to talk loudly on phones and disturb other voters, but there was no written policy, said Jennifer Price, election commission executive director.
Yes or no for ballot selfie?
The short answer is “Maybe,” Washington County Attorney Steve Zega said. Arkansas Code 7-1-103 says, in part, that “No election official, poll watcher, or any other person in or out of this state in any primary, general, or special election in this state shall divulge to any person the results of any votes cast for any candidate or on any issue in the election until after the closing of the polls on the day of the election.” The law is vague and could be applied to individuals snapping photos of their completed ballots and posting it online, Zega said. The offense is a misdemeanor.
Source: Staff Report
The new policy goes into effect six days before Election Day. Early voting started Oct. 24.
The policy comes after singer Justin Timberlake posted a photo of himself and his completed ballot while at a polling location in Tennessee last week. Price said she wanted to have something to give local poll workers guidance.
The county will open 49 voting centers on Election Day. Six polling locations are open for early voting.
The policy is: "The Washington County Election Commission prohibits the use of cellphones or other technology in such a way that disrupts the voting process." The policy was created on the spot by County Attorney Steve Zega at commissioners' request during Wednesday's meeting.
Commissioners said they wanted a policy to provide guidance but still protect voter privacy, free speech and the voting process overall.
Washington County hasn't had complaints about cellphone use or "ballot selfies," Price said. The issue also hasn't come up at the County Clerk's Office where early voting with paper ballots is well underway.
"It's never been an issue in the past," County Clerk Becky Lewallen said.
Lewallen said she plans to follow the Election Commission's policy. Voters cast their ballots privately and poll workers may never know if a ballot selfie was taken and posted online, she said.
Benton County election commissioners agreed unofficially last week to allow selfies, Kim Dennison, election coordinator, said. People are asked not to talk on their phones as a courtesy to other voters at polling places, she said. However, the Benton County Clerk's Office doesn't allow ballot selfies, Dennison said.
Statewide, commissioners have been calling the Arkansas Secretary of State to ask if ballot selfies violate state law, but the laws are unclear, said Chris Powell, Secretary of State spokesman. The state doesn't have an outright ban, Zega said.
State laws that are vague include voter privacy rights and one that says results of any votes cast for any candidate are not to be disclosed before the closing of polls, Powell and Zega said.
The Election Commission has an obligation to prevent disruption to the voting process, Powell said. So far, there's no uniform policy about ballot selfies for commissions statewide, Powell said.
There are laws against voters sharing any photo of their ballot in 18 states, while six others bar photography in polling places but allow photos of mail-in ballots, according to a review by The Associated Press. A New Hampshire ban on ballot selfies was overturned this year.
Zega said he didn't think local prosecutors would file a suit against people posting ballot selfies on Facebook and Twitter, but it's possible, he said.
Commissioner Max Deitchler said the commission should be cautious about any attempts to limit free speech, including ballot selfies. As long as selfies aren't interrupting the voting process, they should be allowed, he said.
Cell phones also can be used to research candidates and issues, Chairman Bill Ackerman. The use shouldn't be banned, he said. Deitchler said some voters also may have notes for voting on their cell phones. Ackerman said people should use common sense and be polite. Commissioners agreed they are more concerned about disruptions to the voting process, including stalling lines, than they are about ballot selfies.
"Someone taking a selfie with their ballot -- I don't think that's any disruption to the (voting) process," Deitchler said.
NW News on 11/03/2016