In the age of social media, it's not uncommon for voters to take photos with their ballots at election booths across the country, but in some states, “ballot selfies” are against the law, and violators are may be punished with imprisonment.
According to recent reports According to the nonprofit Lawyers for Good Government, ballot selfies are against the law in 13 states, and seven states have laws prohibiting ballot selfies at polling places. , not prohibited for mail-in or absentee voting.
“State laws banning selfies with ballots are stupid and nonsensical. More importantly, they are unconstitutional,” Greg Jarrett, a former attorney and adjunct law professor, told Fox News Digital.
“Such state laws are outdated and have nothing to do with election integrity.”
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Two voters take a selfie after leaving a polling place on Thursday, Oct. 31, 2024, in Stockbridge, Georgia. (AP)
Before secret voting, which was introduced in the United States in the late 19th century to curb voter fraud, bribery and intimidation, voters cast their votes in clear glass glove boxes. Congressional Research Institute.
When secret voting was introduced, state laws were enacted to protect voter privacy, but many states have not updated their laws to keep pace with modern technology such as smartphones and the growth of social media.
“There is no evidence for the idea that ballot selfies somehow undermine laws prohibiting voter coercion or purchasing ballots,” Jarrett said. “There is no credible evidence that it has anything to do with voter intimidation. How exactly does that amount to voter fraud, as some states claim? That's not the case.”
Some states prohibit voters from posting selfies after voting.
In some states, such as New York and South Carolina, taking a selfie with your ballot is considered a misdemeanor, and in South Carolina, a law banning taking pictures of your ballot can punish offenders with up to a year in prison. It has been shown that there is a possibility that Fox Carolina reported.
Other states, such as New Jersey, have more lenient enforcement. When taking a selfie of your ballot, technically prohibited In New Jersey, Trudi Gilfillian, a spokeswoman for the secretary of state, said poll workers would simply ask people to stop if they are caught taking selfies inside polling places and would not allow images posted on social media. He said that even if they find something, they may just ask that the law not be enforced.
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Voters cast their ballots in Dearborn during Michigan's early voting period on October 29, 2024. (Bill Priano/Getty Images)
“While it is true that citizens have a right to privacy at their polling places, and the law protects confidentiality when voting in secret, citizens are free to exercise their right to privacy by making public how they vote. can be waived,” Jarrett said. “For example, you can also tell your friends or post your selection on social media or other communications.
“The First Amendment preserves the right to free speech to express voting preferences both before and after voting. Taking and posting a selfie of your ballot is a It’s just another form of free expression.”
Courts in Georgia, New Hampshire and Indiana have over the years struck down or blocked laws banning selfies on ballots, and recently a federal judge in North Carolina ruled against the state's ban on selfies on ballots. ordered district attorneys not to prosecute voters who objected to the law. , The Carolina Journal reported.
After taking a photo of himself holding his completed March 2024 primary ballot and sharing it on social media, the voter received a request from the North Carolina State Board of Elections to remove the selfie on the ballot. , I received a letter threatening criminal prosecution,” she said. written by a lawyer Submission to court.
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A man reads election materials before voting on the last day of early voting, Saturday, Nov. 2, 2024, in Charlotte, North Carolina. (AP Photo/Mike Stewart)
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“Political speech, including photographs, is a constitutionally protected message,” Jarrett said.
“Many states have recognized this common sense argument and have allowed selfies consistent with free speech principles.”
