Preserving and protecting the voting process in the United States against corruption and intimidation has always been a challenge. Election winners will go on to reshape and craft the laws that govern our towns, counties, states, and nation. The founding fathers intended for the chosen leaders to reflect the will of the people. To achieve that goal, elections must be free, fair, and beyond reproach.
Every U.S. citizen has the right to cast a secret ballot for the candidates and issues they support. In addition, polling stations should be safe and protective of each person’s voting rights. The system continues to deliver on that promise. Despite unsubstantiated claims in recent elections, there have been only a few verified instances of individual voter fraud over the past few decades.
Vote buying, also known as patronage politics or electoral clientelism, was rampant during the 19th century. Vote-buying shops were set up to secure votes for cash, and runners were employed to cajole the undecided as they waited in line. Those influencing the vote often had their own people employed as election officials, and those paid for their support would fold their ballots in a predetermined manner as proof they’d earned their money.
Election laws that ban selfies with a marked ballot stem from a desire to quash vote buying. Having those contracted to sell their vote share ballot selfies is an easy way to confirm they’ve delivered on their end of the (illegal) deal. Some jurisdictions have blanket bans on all photo-taking at polling stations, including inside the ballot booth. While nobody can see what you’re doing behind the curtain, posting a picture of yourself on social media afterwards, flashing a victory sign with your marked ballot, is providing evidence of what you did. In states where it’s illegal to do so, you’re begging to be the subject of government interest.
It’s Worth a Thousand Words (That Might Help Convict You)
Much like statutes governing marijuana and abortion access, ballot selfie laws vary between states. While some have no restrictions at all, others have outright bans in place. These bans are often very narrow in scope to survive the strict scrutiny required to avoid violating the First Amendment. A New Hampshire ban was ruled unconstitutional by the U.S. First Circuit Court of Appeals in 2016, with the U.S. Supreme Court later refusing to hear the case. On the other end of the scale, a selfie ban in New York was upheld in 2017.
Some states have special conditions that apply. For example, Michigan allows you to take and post a picture of your marked ballot, but not one that includes both the ballot and yourself. Certain states ban any ballot pictures at polling stations but allow pictures of absentee ballots. In almost every state with a ban or restriction, taking a ballot selfie is charged as a misdemeanor (but not all!).
When it comes to possibly being fined or arrested for taking a selfie with your completed ballot in a voting booth, only you can decide for yourself if it’s worth the risk. All we can do is offer a breakdown of the legality in each state.
Note: Voting laws are constantly changing, increasingly including just prior to elections. This table provides a snapshot in time of existing laws. Before taking a selfie at your polling place, be sure to research your state's laws.
| Smile! It’s either legal to take ballot selfies in these states (and the District of Columbia) or they don’t enforce laws against them: | Nope! These states ban voting booth ballot shots, and you could get in trouble for taking and/or posting a selfie: | Be careful! These states either allow only absentee selfies or impose other conditions that may prohibit ballot selfies under certain circumstances. It’s a good idea to check your local laws before striking a pose and capturing yourself for posterity: |
| California Colorado Connecticut District of Columbia Hawaii Idaho Indiana Kentucky Louisiana Maine Minnesota Montana Nebraska New Hampshire North Dakota Oregon Rhode Island Utah Vermont Virginia Washington Wyoming | Alabama Alaska Florida Georgia Illinois (It’s a felony in Illinois to take a voting booth selfie with your marked ballot that carries one to three years in jail, so be sure that you really want that picture) Kansas Massachusetts Michigan Mississippi Nevada New Jersey New Mexico New York North Carolina South Carolina South Dakota Texas (may allow absentee selfies, but should confirm before doing so) Wisconsin | Arizona Arkansas Delaware Iowa Maryland Missouri Ohio Oklahoma Pennsylvania Tennessee West Virginia |
Wanting to find different ways to voice your freedom of political speech is understandable, but certain methods can land you on the wrong side of the law. Take the time to check your state’s ballot selfie laws before snapping and posting.
Related Resources
- New Hampshire Strikes Down Ban on “Ballot Selfies” (FindLaw’s Legally Weird)
- Voting Made Clear (FindLaw’s Voting Center)
- Polling Place Rules and Regulations (FindLaw’s Voting Guide)
