No Clear Answer On Selfie Ballot Ban Issue

DENVER (CBS4) - There was no clear answer on the future of selfie ballot bans in Colorado but the Secretary of State and Attorney General said they would not change the law and would not enforce the ban.

It is against the law to post a picture of a completed ballot on social media but critics claim the law interferes with free speech.

There are three people targeted in the lawsuit, Denver District Attorney Mitch Morrissey, Secretary of State Wayne Williams and Attorney General Cynthia Coffman. All three have agreed they will not enforce the law.

That means if voters post a selfie with a completed ballot showing who was voted for, they will not be punished.

Therefore, attorneys representing Colorado argued there's no need to block a law that bans ballot selfies because it's not being enforced.

The judge did say there may be valid constitutional problems over the right to free speech with how the statute is written.

The law has been around for about 125 years and was intended to prevent voter coercion and the buying and selling of votes.

The little-known law gained attention recently when the Denver DA's office issued a warning that posting ballot selfies is a misdemeanor offense. The DA said in court that the office would be willing to take the statement off the website.

State Sen. Owen Hill, a Republican representing Colorado Springs, wants the law struck down if no one is being prosecuted.

"Coercion, vote buying, intimidation, that is a crime we need to continue to enforce that," said Hill. "But for people being prosecuted, I have yet to find an example in the last 50 years, of anybody being prosecuted or coerced with their ballot. So my highest concern, I swore an oath to the constitution as a military officer, I swore an oath to the constitution as a state Senator, my highest concern is the constitution and the First Amendment."

There was a lot of concern that lifting the ban so close to the election could disrupt polling places. Hill's attorney said they would be willing to keep the ban at polling places this year and lift the ban on mail in ballots.

It's not clear if a ruling will be issued before next week's election.

Hill said he plans to fight the ban during next year's legislative session.

A federal judge in California also heard arguments Wednesday in a lawsuit challenging that state's ban on ballot selfies.