In the age of selfies and especially during a contentious presidential election, you may want to show that you went to the polls by snapping a selfie with your ballot.
Before you hit the button and snap a photo, you may want to reconsider.
That’s because in several states it is illegal to take a ballot selfie, and in other states say you can take a photo with your ballot only if it is absentee or mail-in voting.
Where is it illegal, legal or unclear?
Ballotpedia said there are 16 states that say no ballot selfies:
- Alaska
- Florida
- Georgia
- Illinois
- Massachusetts
- Minnesota
- Mississippi
- Missouri
- Nevada
- New Jersey
- New York
- North Carolina
- Ohio
- South Carolina
- South Dakota
- Wisconsin
Here are the 25 states where you can take a ballot selfie:
- Alabama
- Arkansas
- California
- Colorado
- Delaware
- Hawaii
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Maine
- Michigan
- Montana
- Nebraska
- New Hampshire
- North Dakota
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- Utah
- Vermont
- Virginia
- Washington
Here are the four states that allow ballot selfies but only when casting votes by absentee or mail-in:
Finally, the six states, or territories, it is not clear whether taking a ballot selfie is allowed or illegal:
- Connecticut
- District of Columbia
- Louisiana
- Maryland
- New Mexico
- Wyoming
So why are ballot selfies even debated?
It all comes down to casting secret ballots, or the process of how U.S. elections are conducted.
The National Conference of State Legislatures said 44 states have it spelled out in their state constitutions guaranteeing voting secrecy. The other six states have “statutory provisions” or in simple terms, laws or regulations, which ensure a secret ballot. There are laws regulating the use of cameras inside polling places.
But social media wasn’t around when many if not all the rules went into effect.
It also comes down to generational habits. Younger voters are part of the social media or “selfie” generation and share almost everything online. They want to tell friends, family and the world that they voted.
Organizations also use selfies to help “get out the vote” and encourage participation in the process by appealing to younger generations, the NCSL said.
Some laws that prohibit ballot selfies have been challenged in federal court, saying that it was against a voter’s First Amendment right to free speech to prohibit a ballot selfie. The court ruled that the New Hampshire law was unconstitutional and since the state could not prove that a ballot selfie led to vote buying coercion or fraud, it could not be restricted, considering it political speech, the NCSL said. To get around the ruling, some states prohibit the use of cameras or recording devices within a certain area surrounding a voting poll effectively outlawing selfies or any photos of voting.
So, what can you do instead of a selfie?
The NCSL said there are still ways to encourage others to vote and to share that you have cast your ballot.
You can take a photo wearing an “I voted” type sticker.
You can take a photo near a “Vote Here” sign as permitted.
You can print a sign that says something to the effect of, “I Voted - Have you?” and take a picture holding it.
Take a photo of an unmarked ballot. San Bernardino County in California had a “Ballot Selfie Booth” set up, while some polls in Iowa and Illinois set up a photo backdrop specifically for photo-taking, the NCSL said.
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