As you head to the polls this Election Day you might be hoping to snap a photo of your completed ballot to share with friends and family, perhaps on your social media site of choice. And why not? Maybe your photo will encourage those same friends and family to vote as well. But depending on where you live, this could actually be illegal.
In many elections, turnout matters, and taking pride in fulfilling your civic responsibility can be something to celebrate. That celebration might involve sharing your filled-in ballot with friends or family via text or social media in the form of a selfie. Many state governments would agree with you there, as the practice is legal in about half the states. Beyond those states, though, your right to share a ballot selfie might be restricted or outright illegal.
The practice of taking and posting a ballot selfie while voting has become increasingly popular because we always have a camera with us and, with social media, an easy way to share the pictures we snap with our phones. As this trend grew, some states were inclined to regulate it, concerned the pictures could undermine the integrity of the electoral process and violate the right to cast a secret ballot. Some concerns also exist about these photos being used to show proof of electoral choices in an illegal “paid to vote” scheme.
Read on for a full breakdown on which states will have a bone to pick with your ballot selfie.
For more on the 2024 election, find out where each candidate stands on the child tax credit and which states won’t allow you to register to vote online.
In which states are ballot selfies illegal?
In 16 states, ballot selfies are completely illegal, according to Ballotpedia:
- Alaska
- Florida
- Georgia
- Illinois
- Massachusetts
- Minnesota
- Mississippi
- Missouri
- Nevada
- New Jersey
- New York
- North Carolina
- Ohio
- South Carolina
- South Dakota
- Wisconsin
In six states, the laws are unclear concerning the practice, so it’s perhaps best to just play it safe and not take that selfie:
- Connecticut
- Louisiana
- Maryland
- New Mexico
- Wisconsin
- Wyoming
And in four states, you can take a selfie with your completed ballot, but only if you’re voting absentee or by mail, situations in which you would be filling out the ballot at home:
- Arizona
- Tennessee
- Texas
- West Virginia
Anywhere else, including Washington, DC, it’s perfectly legal to take and share a ballot selfie.
What are the punishments for taking an illegal ballot selfie?
As for what might happen if you run afoul of ballot selfie laws in one of the states where it is illegal, the punishments you might face are not clear in every case. Below, you can find a list of the states where potential consequences under the law are known.
- Illinois: As a Class 4 felony, taking a ballot selfie and sharing it can potentially net you one to three years in prison and a maximum fine of $25,000.
- Massachusetts: “Not more than six months [in prison] or by a fine of not more than one hundred dollars,” according to state law.
- Missouri: While punishment is not clear, the law classifies ballot selfies as a Class 4 election offense, which is a misdemeanor.
Good for you for voting. Just be aware of your state’s rules around sharing your civic engagement with others. For more on the upcoming election, see which states have already begun early voting.
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