2 weeks Ago By HuffPost
If you look on social media in the coming days, you will see many voters share selfies with their ballots, maybe with the hashtag #IVoted. But before you share your civic engagement with the world, think twice ― that selfie could be illegal, depending on where you live in the United States. Just ask Justin Timberlake.
In 2016, the pop singer posted on Instagram a photo of himself casting a ballot in a voting booth, with the caption: “Get out and VOTE!” Timberlake the post after he was warned that his ballot selfie was against Tennessee law, which bans photography in polling locations. Two years later, he his social media followers to vote by reminding them, “Remember: NO voting booth selfies.” Some states permit ballot selfies under certain conditions.
In Arizona, Texas, Tennessee and West Virginia, you can . In Florida, voters inside the voting booth but not while inserting the ballot into the tabulator. In Utah, you can share a photo of your ballot, but it if you take a photo of someone else’s.
In New York, you might get a threatening reply on X, which is what happened to a 2022 voter who posted his filled-out ballot selfie on the platform. He the image after the New York City Board Of Elections : “Displaying a voted ballot to anyone is a misdemeanor in NYS [New York State]. Pls remove pictures.
” And in some states, a ballot selfie is not just allowed, it is encouraged. Alabama, California, Colorado, Hawaii and Nebraska, for example, all have laws that expressly allow voters to share their ballot, according to the . Marc Levine, the then-member of the California State Assembly who led the pro-ballot selfie push in the state, ballot selfies as a “magnificent display of civic participation.
” The wide spectrum of where states land on sharing these photographs speaks to a conflict between two fundamental aspects of democracy: “free and fair elections versus freedom of expression and freedom of political speech,” Jeff Hermes, deputy director of the Media Law Resource Center, told HuffPost. Critics of ballot selfies say they can make it easier for bad actors to buy your vote or prove that you voted how they wanted you to. have constitutional provisions that guarantee the right to vote in secret.
These laws go back to 19th century, when voting-buying schemes and violent voter intimidation were rampant. Back then, public bribery for votes was normal; landlords and factory owners bullied tenants and workers on how they should vote, and thugs called “shoulder-strikers” could be hired to frighten voters, as historian Jill Lepore recounts in a 2008 on early paper voting in America. Nowadays, it’s illegal for someone to pay you to vote their way.
“States have prohibited sharing of ballot selfies or ballot photography as part of a broader prohibition on display of marked ballots, because that’s how they’re trying to prevent voter fraud or vote purchasing,” Hermes said. Texas, for example, within 100 feet of a polling location. Hermes said there have been a couple of court decisions saying that a polling place is “a space that the government opens to the public for very specific purposes, but can control what goes on there.
” He noted, however that it can be “problematic” when states wrap and vote-buying issues into a single statute because they’re “usually trying to restrict too much speech.” Punishments in jurisdictions with strict ballot selfie bans can range from being asked to put away your phone to hefty fines and jail time. “There’s a lot of discretionary enforcement that goes on in this area,” Hermes said.
In Illinois, knowingly sharing or observing someone’s marked ballot . The Chicago Board of Elections, however, told HuffPost that violations of Illinois’ ballot-selfie-ban don’t often involve police. “If a voter is seen doing it, an election judge may ask them to stop, and that’s usually where it ends,” said Max Bever, the board’s director of public information.
“Instead, election workers encourage voters to take a picture with their ‘I Voted’ sticker outside the polling area as a way to show their pride.” But sometimes, states do investigate and prosecute voters who knowingly take a ballot selfie. In North Carolina, photographing a voted ballot is its that people can fill out when reporting a violation of election law.
Just this March, voter Susan Hogarth got from the North Carolina State Board of Elections threatening her with criminal prosecution because she posted on X with her completed ballot in a voting booth. She was required to “take the post down” because “photographing a voted ballot is prohibited by law and is punishable as a Class 1 Misdemeanor,” according to the letter, which was reviewed by HuffPost. Instead of taking down her post, Hogarth sued, arguing that the state’s ballot selfie ban violates voters’ First Amendment rights.
“Susan didn’t delay the polling place. She didn’t disrupt anybody’s voting at all. She wasn’t doing this as part of a vote-buying scheme,” said Jeff Zeman, an attorney for the Foundation for Individual Rights and Expression, the free speech group that filed the suit on Hogarth’s behalf.
“She was just expressing her enthusiasm for voting.” “The ballot selfie ban means that North Carolina voters lose their freedom to express themselves as they please, which is what the First Amendment guarantees,” Zeman continued. “Our worry here is that these statutes kill speech, that people aren’t going to take ballot selfies in the first place because they know they’re a crime.
” Hogarth’s case is still ongoing in the courts. Beyond North Carolina, FIRE that are at least 13 other states that ban ballot-selfies. Because ballot selfie laws and enforcement can differ so widely, your best bet is to go to your local board of elections and ask if your ballot selfie idea will be OK.
Or you could just take a picture of yourself with your “I Voted” sticker, as Micah Rasmussen, the director of the Rebovich Institute for New Jersey Politics, suggested. He said that’s a way to show off “where you’re not going to run afoul of the law, even in a technical sense.” But as Zeman noted, what makes a ballot selfie special is what it can uniquely express beyond a sticker.
“Some people like Susan want to express their enthusiasm for voting and who they vote for by posting selfies,” he said. “That is showing the world who you actually voted for, and an ‘I Voted’ sticker can’t do that.” Related.
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