Voting Selfie Laws

With early voting in full swing, in an era of selfies and social media postings now common everyday stables in the lives of Americans, it is no surprise voters are eager to take a selfie at the voting booth to show pride in completing their "civic duty" and document their participation in the Election of the Century.  In the past, ballot selfies have been posted on social media platforms and have become increasingly popular as the years go by.  

In most states selfies are fair game and not restricted but for 14 states, laws and/or heavy fines weigh against the popular selfie movement.  Before you take a photo at the election booth, make sure you are in a state that allows ballot selfies. 

Below is the state by state voting laws as reported by Vox.

ALABAMA: Alabama Secretary of State John Merrill in a July press release give Alabama voters the go ahead for ballot selfies.

ARKANSAS: Yes according to Ballotpedia and CNN.

CALIFORNIA: Since January 1, 2017, Californians are free to take ballot selfies.  

COLORADO:  John Hickenlooper signed a "ballot selfie bill" into law on March 17th, 2017. 

CONNECTICUT: All good as long as it doesn't create a disturbance in the polling place.

DISTRICT OF COLUMBIA:  With huge emphasis on respecting other's privacy, voters can snap a selfie at the polls. 

HAWAII: January 2015 gave way for Hawaiians the freedom to take ballot selfies.  

IOWA: Selfies are a go as long as they are confined to voter's own ballot.

KANSAS: Thought not eagerly encouraged, ballot selfies are legal, discretion is advised.  

LOUISIANA: Another state in which the secretary of state voices caution but none the less legal and allowed. 

MICHIGAN: Via clarity from Michigan's secretary of state's website, "voters will be allowed to take a photograph of their own ballot but only while in the voting booth." 

MONTANA:  According to the Associated Press, "Montana voters can take 'ballot selfies' at polling places on Election Day as long as they aren't being disruptive or coerced into doing so, the state's campaign and elections regulator has ruled."

NEBRASKA: Provision of LB 874 (2016) allows voters to voluntarily photograph their ballot after it is marked and reveal the photograph to another person.  

NEW HAMPSHIRE:  Although not by popular state demand, ballot selfies are legal.

NEW MEXICO: Snap away. 

NORTH DAKOTA: Though encouraged, not prohibited.

OKLAHOMA: As of May 28, 2019, ballot selfies are legal in Oklahoma, but stop before you post as it remains against the rules to post from "within the election enclosure." 

OREGON:  No restrictions on photographing your ballot. 

RHODE ISLAND: Make sure the selfie is a selfie with only you and all is well.

UTAH: Since a 2015 bill, voters are allowed to "take, share, or publish a photograph of the individuals ballot.

VERMONT: There is nothing that says you can't. 

WASHINGTON: Keeping with obvious privacy rules of voting, selfies are acceptable. 

WYOMING: No specific law prohibits selfies themselves but the law does "allow judges of elections to 'preserve order at the polls by any necessary and suitable means,'" so not completely free from repercussions or risk.    

FLORIDA: Law directs voters to keep cell phone use to strictly assistance finalizing any last-minute decisions. 

GEORGIA: Selfies are a NO GO in this southern state. 

ILLINOIS: Perhaps the strictest state of all, not only prohibits ballot selfies but reminds voters posting filled in ballots on social media platforms is a Class 4 felony which grants violators with a three year prison sentence and a maximum fine of $25,000.

MASSACHUSETTS: A minimal fine no more than one hundred dollars and a prison sentence of no more than 6 months follows any person who allows the markings of his or her ballot to be seen by any person for an purpose not authorized by law. 

MISSOURI: Chapter 115.637.14 provides for a class four election offense to follow any person with the intent of letting it be known how he or she is about to vote or has voted. 

NEVADA: There is an explicit ban on both phones and pictures.   

NEW YORK:  US District Judge P. Kevin Castel backs up the state's ban on ballot selfies as a necessary component to preventing vote buying and voter coercion.  

NORTH CAROLINA: The state Board of Elections reminds voters of Carolina's law prohibiting photographs of or videotaping of voting ballots. 

OHIO: Ballot selfies are a violation of Ohio law.

SOUTH CAROLINA:  S.C. Code of Laws Section 7-25-100 restricts the use of cameras inside the voting booth.  

SOUTH DAKOTA:  Photos posted on social media showing how someone voted is illegal. 

TENNESSEE: While it looked as if ballot selfies was on the road to acceptance by law passed on the Tennessee Senate passed a bill allowing selfies but it looks like it didn't go very far.  

TEXAS: The list is specific in things not allowed including wireless communication devices within 100 feet of voting stations, any use of mechanical or electronic devices to record sound or images within 100 feet of the voting stations, but vote by mail absentee ballots are fair game as long as no voting information is displayed. 

WEST VIRGINIA:  NO photos inside the polling locations. 

ALASKA: Law prohibits voters from exhibiting their ballots to anyone but Anchorage is another story, passing Title 28 in February allows voters to "post your ballot, (but) the code does still prohibit showing the picture to anyone while within 200 ft of the polling station. 

ARIZONA: No photo's within a 75-foot perimeter of a polling place but leaves open taking photos of your ballot open. 

DELAWARE: Though no laws to validate any action against ballot selfies, Elaine Manlove, the state's election commissioner stated signs banning cellphone use and is prepared to add action behind violators.  

IDAHO: Emphasizes "secret ballot" clauses but holds no specific law against ballot selfies.  

INDIANA: Back in 2015, US District Judge Sarah Evans Barker "issued a preliminary injunction" following Indiana's attempt at making posting a ballot selfie a felony but there is no clarity that the injunction is still in place.  

MAINE: Highly discouraged as there is a ban on making unauthorized ballot copies, but nothing specifically linked to posting photos of their own marked ballot. 

MARYLAND:  State law prohibits voters from using their cell phone, pager, camera, and computer equipment in an early voting center or at a polling place but specific laws linked to ballot selfies is not in sight. 

MINNESOTA: Website says there is no law that strictly prohibits taking photos or videos at polling places but Minnesota Statutes 204C.17 and Minnesota Statutes 204C.18 does wave a no no flag against voters from showing their marked ballot to others. 

MISSISSIPPI: No laws on the books regarding photos but laws in place for showing marked ballots.

NEW JERSEY: No laws but the secretary of state's office has strongly relayed their stance as, "voting booth selfies are 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 indicates each county has the ability to set their own policy regarding electronic devise in the polling place. 

WISCONSIN: In 2018, Michael Haas gave the go ahead but reiterated the poll workers could stop you and strongly suggests NO posting the selfie with your marked ballot.