Is it legal to Tweet your ballot?

BUFFALO, N.Y. (WIVB) - Erie County Executive Mark Poloncarz Tweeted a picture of his ballot on Tuesday - and he's not the only one. So what are the rules about cameras and social media at polling places?

Like many other states, New York State election law hasn't been updated to take social media into consideration. The way the law is currently written has some people wondering if it's really a misdemeanor to photograph and show others your ballot.

One woman Tweeted: "Practicing my right to vote in Buffalo!" - along with a photo of her ballot filled out for President Obama.

Another man Tweeted: "I voted for myself for president, you guys should too!" - and sent in his proof of his vote.

Poloncarz wrote along with a photo of his ballot: "Here you go Mr. President. Not the same as a vote in Ohio but one nevertheless for Barack Obama."

Election law reads in part that someone who "shows his ballot after it is prepared for voting, to any person so as to reveal the contents," is a misdemeanor.

So isn't showing a photograph of the prepared ballot the same? The New York State Board of Elections says no.

Board members informally ruled while meeting Tuesday there is a difference, and broadcasting photos of completed ballots is not illegal.

We asked an election law professor why the law exists, and he explained it is to prevent someone from buying your vote.

"Making it a misdemeanor for someone to show their ballot makes it impossible for vote buying to be contracted for," Michael Halberstam, an election law professor at UB, said.

Poloncarz's spokesman told News 4 that same information.

The spirit of the law is to prevent voter fraud. Erie County Election Commissioner Dennis Ward added New York's election laws need to be revised to catch up to technology.

But Halberstam responded to the election board ruling, saying he doesn't see how showing a photo is any different than showing the actual ballot.