Check here before you take your Election Day selfie

Before you pull out the selfie stick make sure you’re not breaking any laws

Chances are, if you’re planning to vote on November 8th, you’re beyond excited to partake in dignified civic process that is the Presidential Election of 2016. This is what a representative democracy is all about—having your voice heard through the power of the ballot.

You’ll probably be so excited that you decide to take a picture of your ballot, or take a picture while you’re in the voting booth and polling place. And that’s understandable, it’s important to encourage everyone to vote. According to a 2016 Pew Research Study, in the 2012 Presidential election 53.6% of the voting age population cast a ballot—ranking the United States 31st out of 35 countries in the Organization for Economic Cooperation and Development, a group of highly developed countries.

The stakes are high this election and the urge to show your friends they can also be involved might be strong enough to warrant that selfie. But think before you take that selfie and cast that ballot. You could be unknowingly voiding your vote or engaging in illegal activity. The Associated Press recently researched the laws of all 50 states. Taking a ballot selfie is legal in 19 states, and the District of Columbia, but it’s illegal in 18 states. The laws across the country vary, so check here to make sure you make your vote count!


States where ballot selfies are allowed:

CONNECTICUT: No law bans ballot selfies.

DISTRICT OF COLUMBIA: No law bans ballot selfies.

HAWAII: Voters are allowed to share digital images.

IDAHO: No law bans ballot selfies.

INDIANA: A federal judge barred Indiana from enforcing a law prohibiting ballot selfies.

KENTUCKY: You cannot be filmed by someone else, but their law does not ban ballot selfies.

LOUISIANA: Ballot selfies are permitted despite some public officials’ disdain for them.

MAINE: Voters are discouraged from doing so but no law prohibits ballot selfies.

MINNESOTA: No law prohibits ballot selfies, unless they are shown to other voters at the polling site or capture another person in that selfie.

MONTANA: Ballot selfies are not banned unless it is considered “disruptive.”

NEBRASKA: A bill signed in April 2016 by Governor Pete Ricketts allows someone to show their ballots to others with no legal consequences.

NEW HAMPSHIRE: A ban on ballot selfies was ruled unconstitutional, on the grounds of free speech.

NORTH DAKOTA: All photos inside polling places are allowed.

OREGON: Voters are allowed to photograph their mail-in ballots.

RHODE ISLAND: Voters are allowed to take photos as long as it does not show another person’s ballot.

UTAH: Voters are allowed to take photos as long as it does not show another person’s ballot. Photographing another persons ballot is a misdemeanor.

VERMONT: There are no rules concerning photos in polling places. Rules at specific polling places vary in order to maintain order.

VIRGINIA: Selfies, with our without your ballot, or pictures of fellow voters within a polling place are allowed.

WASHINGTON STATE: No law prohibits ballot selfies, but they are not encouraged.

WYOMING: No law prohibits ballot selfies. Polling places have rules to maintain order.

States where ballot selfies are illegal:

ALABAMA: Not allowed because voters have “a right to cast a ballot in secrecy and in private.”

ALASKA: An Alaska state law bans voters from showing marked ballots.

COLORADO: Any public circulation of a marked ballot is considered a misdemeanor, including a photo.

FLORIDA: No photos in polling places or of mail-in ballots.

GEORGIA: No photos of ballots or of electric voter machine screens.

ILLINOIS: Knowingly showing your ballot is a felony, carrying a prison sentence of one to three years.

KANSAS: A selfie showing your ballot violates state law in Kansas.

MASSACHUSETTS: Photos of a completed ballot or mail-in ballot are illegal.

MICHIGAN: Photographs of ballots are illegal.

MISSISSIPPI: Photos of a marked ballot after a person has voted are illegal.

NEVADA: Unless you are part of the media, photos inside polling places are not allowed–this law encompasses mail-in ballots.

NEW JERSEY: Voters are not allowed to show their ballots to others.

NEW MEXICO: Voters are not allowed to show their marked paper ballots in a way that reveals its contents.

NEW YORK: Any photo showing a complete ballot or showing how a person cast their ballot is prohibited.

NORTH CAROLINA: Photographing or recording an official ballot is not allowed.

SOUTH CAROLINA: It is illegal to allow your ballot to be seen or reproduce the ballot via cell phone.

SOUTH DAKOTA: Ballot selfies are considered to be influencing a vote, they are not allowed.

WISCONSIN: Sharing photos of ballots is prohibited.

States where the legal status of ballot selfies are unclear:

ARIZONA: No photos within 75 feet of polling places. But completed early voter ballots can be shared on social media.

ARKANSAS: No law prohibits taking a pictures in a polling places, unless it is disruptive. There is no law regarding the sharing voter choices.

CALIFORNIA: Gov. Jerry Brown signed a bill last month which barred voters from showing their own marked ballots. The change will take occur after the presidential election. The author of the bill has been sharing others’ photos of completed ballots on social media.

DELAWARE: No cellphones allowed inside the voting booth but the elections commissioner has acknowledged they can’t control ballot selfies.

IOWA: Iowa law prohibits photos inside voting booths but photos of absentee ballots are legal.

MARYLAND: Law prohibits photos inside voting booths but photos of mail-in ballots are legal.

MISSOURI: Voters cannot show their ballots if they are intending to show how they voted. The Missouri Secretary of state spokeswoman has said ballot selfies are a “gray area.” Check with your local election authorities.

OHIO: Showing your ballot with the intent of letting others know how you will vote is prohibited. The state elections chief has advised local election boards to consult with their own attorneys. Check with your local election authorities.

OKLAHOMA: A 40 year old state law suggests it is illegal but no penalties are specified.

PENNSYLVANIA: Revealing your ballot is not allowed, or “letting it be known how” you’re “about to vote.” PA officials released guidance on electronic items in polling places recognizing a court case which found ballot selfies to be a First Amendment right.

TENNESSEE: No photos or videos while inside of polling places. Electronic devices are permitted for informational purposes to assist voters while casting their ballot, according to the spokesman for Secretary of State Tre Hargett. The state’s law doesn’t address mail-in ballots.

TEXAS: No photos within 100 feet of polling sites, including selfies. Pictures of mail-in ballots are allowed.

WEST VIRGINIA: No electronic devices within a voting booth. Pictures of mail-in ballots are allowed.

Don’t take any chances with risking your vote, especially not in this election.

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