Taking a ballot selfie? It may be prohibited in your state

Voters in the United States who want to photograph a marked ballot face different rules depending on where and how they vote. The National Conference of State Legislatures says ballot selfies are prohibited by law in 14 states, including New York, North Carolina and Wisconsin. Eleven states expressly permit them by statute or regulation. In six others, in-person ballot selfies are prohibited, while the position for postal ballots is less clear. Restrictions may concern photographing a ballot, revealing a vote or using a camera inside a polling place.

The rules reflect a tension between protecting ballot secrecy and allowing voters to share political expression. Supporters of restrictions cite concerns about vote buying and coercion; courts have struck down some bans, including New Hampshire’s, on free speech grounds. Permission to photograph one’s own ballot does not necessarily permit photographing other voters or disrupting voting. Because laws, court rulings and local guidance can differ, voters should check with their state or local election office before taking or posting a ballot photograph.