The Pennsylvania Bar Association’s Government Lawyers Committee and the Law and Government Institute partnered to present “Hackers, Selfies, and Fraud! Oh, my!” The program featured Acting Secretary of the Commonwealth Robert Torres, Jonathan M. Marks, Commissioner, Bureau of Commissions, Elections, and Legislation, and Michael Dimino, Professor of Law, Widener University Commonwealth Law School. The presentation provided insight on security and constitutional law issues that often arise in the electoral process and in the voting booth.
Secretary Torres discussed how the Commonwealth combats potential cyber threats to voting security. Secretary Torres indicated that the Commonwealth has adopted industry best practices, including participating in a network of federal and state government partners.
Commissioner Marks focused on the status of voting mechanisms as critical infrastructure, as recognized under the USA Patriot Act. He also discussed the role of social media in the 2016 election, including evidence of Russian uses of social media. He examined how those uses of social media are eroding public trust in elections.
Professor Dimino discussed the complex issues implicated by “ballot selfies,” which include a picture of an individual’s ballot taken on Election Day in a voting booth or a picture of an absentee ballot taken prior to Election Day. Although a ballot selfie may seem harmless, Professor Dimino explained that if pictures of ballots are permitted, there is some risk that such proof of voting could facilitate voter intimidation and vote buying. However, a broad prohibition on ballot photographs may impinge a voter’s first amendment right to free speech.
