SAN FRANCISCO (CBS/AP) — The American Civil Liberties Union wants voters in California to be able to share photos of their marked ballots in the upcoming election without worrying about possible prosecution.

The group filed a lawsuit Monday seeking an injunction barring the state from enforcing laws that ban so-called ballot selfies. A judge is set to hear arguments on the suit on Wednesday.

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The ACLU acknowledges that the state has not previously enforced the ban, and notes that the legislature has repealed it. But it says the new law allowing ballot selfies won’t go into effect until next year, so voters need assurance in the meantime that they can freely express their political views.

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The Secretary of State’s office said an injunction would potentially require poll workers to be retrained just days before the election.

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