Donald Trump‘s son posted a photo of his ballot, marked for the Republican candidate, on Twitter, a violation of New York State law.
“It is an incredible honor to vote for my father! He will do such a great job for the U.S.A.! #MakeAmericaGreatAgain,” Eric tweeted just before 8 a.m.
Eric has since deleted the tweet, but he could face a misdemeanor charge for violating the law, and up to a $1,000 fine.
The law states that, “any person who … makes or keeps any memorandum of anything occurring within the booth, or directly or indirectly, reveals to another the name of any candidate voted for by such voter; or shows his ballot after it is prepared for voting, to any person so as to reveal the contents … is guilty of a misdemeanor.”
A Manhattan federal court judge ruled last week that the over 100-year-old law also applies to photos shared on social media, after activists attempted to sue New York State for limiting their free speech. The judge, P. Kevin Castel, decided Thursday that it was too late to change the law to permit the pics.
“A last-minute, judicially-imposed change in the protocol at 5,300 polling places would be a recipe for delays and a disorderly election, as well-intentioned voters either took the perfectly posed selfie or struggled with their rarely used smartphone camera,” Castel said.
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This is the first time Eric was able to vote for his dad. He failed to register with a political party in time to vote for Trump during the Republican primary in April.
He’s since removed the photo, and joked about the incident on The Tonight Show with Jimmy Fallon.
“I recently voted,” Timberlake said. “It was super quiet, under the radar. No one even knew!”