Where Ballot Selfies are Legal:
Alabama: The legislature passed a bill in May 2019 clarifying voters can take a photograph of their own ballots. “Alabama voters, who have a long history of proudly attending the polls on Election Day, now have the opportunity to share their pride on social media or in other electronic formats through taking a ballot selfie!” said Alabama Secretary of State John Merrill in a July press release.
Arkansas: According to a 2018 CNN report, “there’s no law against taking selfies, says the secretary of state’s office, as long as you’re not being disruptive in the polling place or taking pictures of other people’s ballots.”
California: As of January 1, 2017, Californians are no longer prohibited from taking a ballot selfie. Colorado: Though you don’t hear about it much on the campaign trail, former governor and current Senate candidate John Hickenlooper signed a “ballot selfie bill” into law on March 17, 2017.
Connecticut: The secretary of state’s office told Vox that “there are no restrictions” and “if it doesn’t create a disturbance in the polling place then it’s not something we’re worried about.”
District of Columbia: Washingtonians may not have congressional representation, but at least they can snap a selfie at the polls. DC Board of Elections spokesperson Nick Jacobs told Vox that ballot selfies are allowed but wanted to put “a huge emphasis” on respecting “every other voter’s privacy and their anonymity in casting their ballot.”
Hawaii: As of January 2015, Hawaiians have been permitted to take ballot selfies.
Iowa: I spoke with Molly Widen, legal counsel to Iowa’s secretary of state, who told me ballot selfies are legal but, as in other states, you can’t take photos of other people or other people’s ballots.
Kansas: In November 2018, a spokesperson from the Kansas secretary of state’s office told CNN, ”It does not appear to be a crime under current law, but it’s also not encouraged.”
Kentucky: In 2016, the Courier-Journal reported that Kentucky Assistant Attorney General Taylor Payne affirmed the legality of ballot selfies, while cautioning “that it is illegal to take pictures of anyone else, or their ballot, at the polls.” Louisiana: Tom Schedler, Louisiana’s secretary of state at the time, told the Advocate in October 2016 that “voters can choose to snap a selfie in the voting booth” though he isn’t “thrilled” by the idea.
Michigan: The secretary of state’s website clarifies that “voters will be allowed to take a photograph of their own ballot but only while in the voting booth.” Montana: On August 8, 2018, the Associated Press reported that “Montana voters can take ‘ballot selfies’ at polling places on Election Day as long as they aren’t being disruptive or are coerced into doing so, the state’s campaign and elections regulator has ruled.”
Nebraska: The National Conference of State Legislatures says that in 2016, the state allowed “ballot selfies as a provision of LB 874 (2016) that specified a voter may voluntarily photograph his or her ballot after it is marked and reveal the photograph to another person.”
New Hampshire: Despite the state’s best efforts, ballot selfies are legal in New Hampshire. In April 2017, the Supreme Court declined to review the First Circuit Court’s decision to strike down New Hampshire’s ban on photographing marked ballots.
New Mexico: In 2018, a spokesperson for the secretary of state told CNN that “voters can take pictures of themselves and their ballots at polling places ... just as long as they don’t disturb normal operations or violate the privacy of others.”
North Dakota: The secretary of state’s office told Fox in October that the state “does not have any laws specific to ballot selfies. If it is not disrupting the polling place it is allowed.”
Oklahoma: As of May 28, 2019, ballot selfies are legal in Oklahoma, but it remains against the rules to post from “within the election enclosure.” Oregon: The Portland ABC affiliate reported in November 2018 that there are no restrictions on photographing your ballot.
Rhode Island: The Providence Journal reported in 2016 that the state Board of Elections allows voters “to take photos of themselves in polling places if they wish, so long as they don’t photograph other people.”
Utah: A 2015 bill allowed voters to “take, share, or publish a photograph of the individual’s ballot.”
Vermont: In 2016, Secretary of State Jim Condos told Vermont Public Radio that “he believes it is legal for a voter to take a photograph with their ballot because Vermont election law does not expressly prohibit this practice.”
Virginia: Snap away, Virginians; per a 2016 legal opinion from the state attorney general, ballot selfies are legal.
Washington: The secretary of state’s website clearly states that they do not “directly prohibit ballot selfies. However, it is illegal to view another’s ballot for a purpose prohibited by law, such as vote buying.”
Wyoming: In 2018, Will Dinneen from the secretary of state’s office told CNN that “in Wyoming there are no laws against ballot selfies” but “the law does allow judges of elections to ‘preserve order at the polls by any necessary and suitable means,’” so elaborate TikToks likely would not be your safest course of action.
Where Ballot Selfies are Illegal:
Florida: The Seminole County supervisor of elections told Fox 35 in October that “while you cannot take selfies or photos of your ballots, you can still use your phone in the voting booth to finalize any last-minute decisions.”
Georgia: Both CNN and the New York Times reported in 2018 that selfies are illegal in Georgia.
Illinois: The Illinois Policy Institute reported in September that “snapping a photo of your filled-in ballot and posting it on Facebook or Instagram is technically a Class 4 felony in Illinois, which comes with a prison sentence of one to three years and a maximum fine of $25,000.”
Massachusetts: Anyone who “allows the marking of his ballot to be seen by any person for any purpose not authorized by law” is punishable “by imprisonment for not more than six months or by a fine of not more than one hundred dollars.”
Missouri: The secretary of state’s office pointed me to Chapter 115.637.14, which makes allowing your ballot “to be seen by any person with the intent of letting it be known how he or she is about to vote or has voted” a class four election offense.
Nevada: Phones and pictures are both explicitly banned. The Reno Gazette-Journal reported in 2016 that the ban includes mail-in ballots.
New York: “The State of New York has a compelling interest in preventing vote buying and voter coercion,” US District Judge P. Kevin Castel found in a September 2017 decision upholding the state’s ban on ballot selfies.
North Carolina: In a February 25 press release, the state Board of Elections reminded voters “that North Carolina law prohibits taking photographs of or videotaping voted ballots.”
Ohio: The Fox affiliate in Cleveland reported in November 2019 that “ballot selfies are a violation of Ohio election law,” according to Mike West, the manager of community outreach at the Cuyahoga County Board of Elections.
South Carolina: The state’s election commission clearly states, “State law prohibits anyone from showing their ballot to another person (S.C. Code of Laws Section 7-25-100). The use of cameras is not allowed inside the voting booth.”
South Dakota: In advance of the June 2018 primaries, Secretary of State Shantel Krebs reminded voters that “posting on social media a photo of a marked ballot showing how someone voted is illegal.”
Tennessee: After Justin Timberlake accidentally broke the law by taking a ballot selfie, the Tennessee Senate passed a bill allowing ballot selfies. It doesn’t look like that bill went anywhere, as Julia Bruck from the secretary of state’s office told me that “Under Tennessee law, voters cannot use their mobile electronic or communication device for phone calls, recording or taking photographs or videos while inside a polling location.”
Texas: Director of Elections Keith Ingram told CNN in 2018: “Persons are not allowed to use wireless communications devices within 100 feet of the voting stations. Additionally, persons are not allowed to use mechanical or electronic devices to record sound or images within 100 feet of the voting stations.” However, as the Texas Tribune reports in 2016, “Texans who vote by mail are in luck. State law does not prohibit #AbsenteeBallotSelfies, though Alicia Pierce, a spokeswoman for Texas Secretary of State Carlos Cascos, cautions that ‘voters should be careful not to share any information they don’t want public.’” West Virginia: Mike Queen, deputy chief of staff and communications director to Secretary of State Mac Warner, told Vox that the state does not “permit people taking pictures inside of polling locations ... whether it be the ballot or anything.”
Where it’s Complicated:
Alaska: Alaska law prohibits voters from exhibiting their ballots “to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot.” However, different rules apply to Anchorage residents. The Anchorage Assembly passed Title 28 in February allowing you to “post your ballot, [but] the code does still prohibit showing that picture to anyone while within 200 feet of a polling location.”
Arizona: You can’t take photos within a 75-foot perimeter of a polling place, but this does leave open taking photos of your absentee ballot. Delaware: The New York Times reported in 2018 that ballot selfies are not permitted in Delaware, “where Elaine Manlove, the state’s election commissioner, said signs would be posted banning cellphone use even though there is no law addressing it.” CNN confirmed in 2018 reporting that there are no laws prohibiting the practice, but that officials discouraged cellphone use at the polls.
Idaho: I spoke with Deputy Secretary of State Chad Houck, who told me that while he doesn’t believe there is any statute on the books, the state’s constitution requires a secret ballot.
Indiana: In October 2015, US District Judge Sarah Evans Barker “issued a preliminary injunction” after Indiana tried to make posting a ballot selfie a felony, reports the Indianapolis Star. The secretary of state’s office didn’t return a request for comment, so it’s unclear if this injunction is still in place, though CNN reported in 2018 that it was.
Maine: The Associated Press reported in 2016 that “the secretary of state discourages ballot selfies because there’s a ban on making unauthorized ballot copies, but there’s no law against voters posting photos of their marked ballots.”
Maryland: The state Board of Elections says “you cannot use your cell phone, pager, camera, and computer equipment in an early voting center or at a polling place.” I couldn’t find any laws against photographing your absentee ballot, but I wasn’t able to confirm that with the Maryland Board of Elections.
Minnesota: The secretary of state’s website writes “there is no law that strictly prohibits taking photos or videos in the polling place to record your own voting experience.” But it then goes on to say “Minnesota Statutes 204C.17 and Minnesota Statutes 204C.18 prohibit voters from showing their marked ballot to others. Taking photographs or video of your own marked ballot could violate this prohibition.”
Mississippi: Leah Smith from the secretary of state’s office told CNN in 2018 that while “there’s no law against taking photos at the polling place ... the state prohibits a voter from showing his or her marked ballot to another person.”
New Jersey: While there’s no prohibiting law on the books, the secretary of state’s office “views voting booth selfies as a violation of the existing law against disrupting a polling place and identifying a voter’s cast ballot.”
Pennsylvania: The secretary of state’s website says that each county can “set their own policy regarding electronic devices in the polling place” and that you’ll see posted signage if your county prohibits it. Additionally, the website recommends you “wait until after you leave the polling place” to post the photos online.
Wisconsin: CNN reports in 2018 that Michael Haas of the state election commission said “yes, you may take a selfie, but workers may ask you to stop if you are creating a distraction. They also really suggest you don’t post a selfie with your marked ballot. You won’t get in trouble, but it will raise questions as to whether someone paid you to do so.”
NYC Wins When Everyone Can Vote! Michael H. Drucker
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