Elections Nova Scotia recommends law preventing ballot pictures

Elections Nova Scotia is recommending a change in the law to make it clear cameras, cellphones and other recording devices are not allowed in polling stations.

The recommendation follows a decision that the case against Parker Donham a journalist from Cape Breton who tweeted his marked ballot during the last provincial election will not go to court.

The incident led to an RCMP investigation.

"I'm sorry to see them pursuing that," Donham said Tuesday of the Elections Nova Scotia recommendation.

"I think they are pursuing a remedy for an offence of a bygone era and they are ignoring the revolution in communications thats taken place over the last two or three decades. The fact is, social media could be an incredible tool to encourage voting and theyre just very stuffy and old fashioned and uncomfortable with it all."

Many people saw nothing wrong with the tweet but Dana Phillip Doiron, speaking for Elections Nova Scotia, said the problem is in showing people how you voted.

"The principal problem is not in disseminating news of how you voted but to actually show proof of it. It leads to the possibility of coercion or bribery where somebody would say, I want you to bring me proof of how you voted, and that could either be under duress or because they were willing to pay for that vote," said Doiron.

"The actual proof is the problem and that's why cameras are not allowed in polling places."

'Far fetched' concerns

The recommendations from Elections Nova Scotia do not include a proposal to change the penalty a fine of up to $5,000.

The Election Act states: "With the exception of election officers as prescribed by the Chief Electoral Officer, none of the persons present in a polling location during voting hours shall use a recording or communication device."

Doiron said the act is not clear enough.

"Elections Nova Scotia is recommending, after review of the legislation, the strengthening of the legislation by making the wording more clear. For example, right now it say that no recording devices are available or allowed in the polling stations," he said.

"However, we believe that that maybe too ambiguous. Recording devices may not come readily to mind to include cameras in everybody's estimation, so we will be much more specific in the changes were recommending."

Donham argues Elections Nova Scotia offers a dozen ways to vote, including as an absentee which would also offer proof of how someone has voted.

"As far as having proof, they're essentially closing a small side door while the barn door remains wide open. I think it's a matter of pride on their part, a matter of being 50 years behind in their thinking," he said.

"I think ballot photography could be an important tool for encouraging participation in elections and the likelihood that it would be used as a form of voter fraud, I think is far fetched."