On Wednesday, a new complaint sought a TRO and preliminary injunction against a law banning so-called “ballot selfies” on the ground that the law violates the First Amendment.  According to the complaint, “Taking a photograph of a filled out ballot is a powerful political statement that demonstrates the importance of voting. Without the photograph, the message loses its power.”

Judge Castel denied the TRO and scheduled a preliminary injunction hearing for Tuesday.  His order expressed concern with the timing of the application:  “The statute in question was last amended in 1991.  Cell phone cameras have been prevalent since at least 2010.  Plaintiffs should submit an affidavit why plaintiffs waited 13 days before the election to bring this application.”