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"Ballot Selfies" May Not Be Legal In Your State

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HEADS UP…It may not be legal in your state to photograph your marked ballot
and display it on social media.

Forty-four states provides for ballot secrecy in their constitutions. The rest do so by statute. That’s a good thing, and the laws are mostly concerned with privacy in traditional polling places.

New Hampshire took it a step further in 2014, with a law (aimed directly at young voters) that specifically forbade the display of a digital image of marked ballots on social media. That law was struck down in federal court two years later, as a violation of First Amendment free speech rights.

Less specific restrictions remain on the books in other states. They’ve been suspended by court orders in some places, but remain unadjudicated in others. Some states have passed legislation specifically exempting “Ballot Selfies” from their voting privacy rules. Others still have century-old laws that are open to broad interpretation.

There’s a partial list of states that do and don’t in this article from the National Council of State Legislatures.

It’s uncertain that your state or county would invalidate your ballot on the basis of a complaint from an “at-home poll watcher”, but let’s not give GOP saboteurs (or the goddam Russians) any opportunities to monkeywrench this election.

Unless you are certain that it’s legal in your state, do not photograph your marked ballot.


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