Wisconsin Judge Dismisses Charges in ‘Ballot Selfie’ Case

A Wisconsin judge dismissed a misdemeanor charge against A on Monday school board candidate who posted a photo on Facebook of a ballot with his name filled in.

In his ruling, the judge, Paul V. Malloy of Ozaukee County, threw out the voter fraud count against the man, Paul H. Buzzell, 52, a former school board member in the Milwaukee suburb of Mequon, who was voted down. joined the board during an election in April, according to online court records.

Judge Malloy ruled on a motion to dismiss from Mr. Buzzell’s lawyers, who argued that the state law banning so-called voting selfies was overbroad and violated the constitutional guarantee of free speech.

“What is at stake is the branding of a politician as a criminal for declaring to the world that the politician presented a marked ballot showing that he voted for himself in an election,” the motion said. Had he been convicted, Mr. Burrell would have faced a maximum possible penalty of three and a half years in prison and a $10,000 fine. He also would not be able to run for elected office.

The case reflects the debate among states over selfies of ballots and of people showing how they vote. Some lawmakers have argued that public displays of marked ballots could be used to influence voters in elections or to promote vote buying. Others, including the American Union for Civil Libertiessay such laws banning voting selfies on social media restrict freedom of expression.

Under Wisconsin law, it is an election fraud offense for a person to show his or her marked ballot to another person, or to mark a ballot in such a way that it is identifiable as his or her ballot. It is one of at least 18 states that have laws banning taking selfies with a voter’s marked ballot.

In 2020, the Wisconsin Senate passed a bill legalize voice selfiesbut the state Assembly failed to pass a bill that would eliminate the statute, The Associated Press reported.

According to a criminal complaint, Mr. Buzzell, 52, published a photo on Facebook of a marked ballot on March 27, prior to the election for the Mequon-Thiensville school board. Witnesses reported the post to Mequon police as a case of possible election fraud, the complaint said.

The photo of the ballot showed the oval next to Mr. Buzzell’s entered name, as well as that of another candidate, Jason P. Levash, court documents show. Mr. Levash is the vice president of the school board and Mr. Buzzell is treasurer. “He produced a marked ballot showing a vote for himself,” Mr. Buzzell’s attorney, Michael Chernin, said Tuesday, adding that Mr. Buzzell indicated the ballot in question belonged to his daughter.

When Mr. Buzzell was contacted by police on April 2, he said that “he understood it was not illegal to post a photo of a ballot with his name on it,” according to the complaint. He cast his vote in person on April 5, according to the complaint.

While the dismissal means prosecutors’ case cannot move forward, The Milwaukee Journal Sentinel says reported on Monday that the charges had been dropped, quoted Ozaukee County District Attorney Adam Gerol as saying he would ask the attorney general to decide whether to appeal or issue an opinion.

“It’s in the AG’s hands,” said Mr. Gerol, a Republican. He did not immediately respond to a message left at his office on Tuesday.

Attorney General Josh Kaul’s office said in a statement Tuesday that the Wisconsin Department of Justice would review the district attorney’s request and “proceed appropriately.”