Ballot selfies
From Ballotpedia
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Ballot selfies are photos taken by voters showing their completed election ballots. Ballot selfies rose to prominence in the late 2000s, when smartphones—which usually have digital cameras—became widespread.[1][2][3]
HIGHLIGHTS
Ballot selfie regulations by state
As of July 2020, 25 states (plus Washington, D.C.) permitted ballot selfies.[2][3]
| Ballot selfie regulations by state, September 2020 | ||
|---|---|---|
| State | Ballot selfie permissibility | Notes |
| Alabama | No | |
| Alaska | No | |
| Arizona | Unclear | "Bars photography within 75 feet of polling places. But the Legislature changed the law that barred showing photos of completed ballots in 2015 to allow posting of early ballots on social media." |
| Arkansas | Yes | "Nothing in state law prohibits taking photos while in a polling place as long as it's not disruptive or being used for electioneering purposes, but state law on sharing voter choices is unclear."[4] |
| California | Yes[5] | |
| Colorado | Yes[6] | |
| Connecticut | Yes | |
| Delaware | Unclear | "Has a policy against cellphones in voting booths, but elections Commissioner Elaine Manlove said: 'I don't know that we can control what happens behind the curtain.'" |
| Florida | No | |
| Georgien | No | |
| Hawaii | Yes | |
| Idaho | Yes | |
| Illinois | No | |
| Indiana | Yes | |
| Iowa | Unclear | "Law prohibits the use of cameras, cellphones or other electronic devices in voting booths, so Secretary of State Paul Pate has asked voters not to take selfies with ballots. Photos of absentee ballots are OK." |
| Kansas | Yes[7] | |
| Kentucky | Yes | |
| Louisiana | Yes | |
| Maine | Yes | |
| Maryland | Unclear | "Bans electronic devices in a polling place except for the media. And even media members aren't allowed to photograph a ballot that shows how someone is voting. But photos of mailed ballots are OK." |
| Massachusetts | No | |
| Michigan | Yes[8] | |
| Minnesota | Yes | |
| Mississippi | No | |
| Missouri | Unclear | "Law prohibits voters from allowing others to see their ballots if the intent is to show how they voted. Secretary of state spokeswoman Stephanie Fleming described ballot selfies as a 'gray area' and advises voters to check with local election authorities." |
| Montana | Yes | |
| Nebraska | Yes | |
| Nevada | No | |
| New Hampshire | Yes | On April 3, 2017, the U.S. Supreme Court denied certiorari in Gardner v. Rideout, a case dealing with the constitutionality of ballot selfies. On September 28, 2016, the U.S. Court of Appeals for the First Circuit struck down a New Hampshire law prohibiting ballot selfies, finding that the statute violated the First Amendment to the U.S. Constitution. By denying certiorari, the Supreme Court let the First Circuit's ruling stand.[9][10] |
| New Jersey | No | |
| New Mexico | No | |
| New York | No | |
| North Carolina | No | |
| North Dakota | Yes | |
| Ohio | Unclear | "Has a longstanding prohibition against voters letting their ballot be seen with the 'apparent intention' of letting it be known how they are about to vote. The state elections chief has advised local election boards to consult their own attorneys about how to apply the law." |
| Oklahoma | Yes[11] | |
| Oregon | Yes | |
| Pennsylvania | Unclear | "Law prohibits someone from revealing their ballot 'letting it be known how' they're 'about to vote.' But officials recently released guidance on electronic items in polling places that noted the recent court cases that 'found a First Amendment right to take ballot selfies.'" |
| Rhode Island | Yes | |
| South Carolina | No | |
| South Dakota | No | |
| Tennessee | Unclear | "Voters are not allowed to take photos or videos while in polling places. Voters are not allowed to take photos or videos while in polling places. They're only allowed to use electronic devices for informational purposes to assist during voting, according to Adam Ghassemi, a spokesman for Secretary of State Tre Hargett. The state's law doesn't address mail-in ballots." |
| Texas | Unclear | "Bars photography within 100 feet of polling stations, so selfies are not allowed. Photos of mail-in ballots are OK." |
| Utah | Yes | |
| Vermont | Yes | |
| Virginia | Yes | |
| Washington | Yes | |
| Washington, D.C. | Yes | |
| West Virginia | Unclear | "Electronic devices are banned inside voting booths, according to Secretary of State Natalie Tennant. Nothing in the law prohibits photos of mail-in ballots." |
| Wisconsin | No | |
| Wyoming | Yes | |
| Source: Associated Press, "Ballot selfies: A look at where they are allowed or not," October 23, 2016 Note: Direct quotes in the "notes" column come from the Associated Press. | ||
Support and opposition
Support
People who want to allow ballot selfies generally maintain that ballot selfies are a form of free expression protected by the First Amendment. Mark Joseph Stern, writing for Slate in September 2016, argued that ballot selfies represent a key form of political expression for younger voters:[12]
| " | Millennials use ballot selfies to convey information about their political views and engage with their friends about elections, to broadcast their personal ideologies and share excitement about voting. (And they may foster more voting: One study suggests that Facebook users are more likely to vote when their friends reveal on social media that they have voted.) No matter how many states ban them, they will remain pervasive on Election Day, a key mode of political expression for the younger set. ... For better or worse, ballot selfies have become a fundamental mode of political speech in America.[13] | ” |
| —Mark Joseph Stern | ||
In October 2016, the editorial board of the Chicago Tribune similarly argued in favor of allowing voters to take ballot selfies:[14]
| " | Times change, though, and selfies rule: selfies at dinner, at Wrigley Field and, sure, at the ballot box. All elections are exercises in free speech, and political discourse — have you noticed? — is ubiquitous today. The internet and social media allow all citizens to express themselves, so no shock that many voters who share their political views on social media want to show Election Day pride with ballot photos. They have a constitutional right to do so.[13] | ” |
| —Chicago Tribune | ||
Opposition
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Critics generally argue that ballot selfies could be used in vote-buying and coercion activities, undermining the integrity of the electoral process. Election law scholar Richard Hasen, writing for Reuters in August 2015, made the following argument for prohibiting ballot selfies:[15]
| " | Last week, a federal court in New Hampshire struck down that state’s ban on ballot selfies as a violation of the First Amendment right of free-speech expression. That might seem like a victory for the American Way. But the judge made a huge mistake because without the ballot-selfie ban, we could see the reemergence of the buying and selling of votes — and even potential coercion from employers, union bosses and others.[13] | ” |
| —Richard Hasen | ||
Kevin Drum, writing for Mother Jones in October 2016, made a similar argument:[16]
| " | [There] is a reason for selfie bans in voting booths: it prevents vote buying. After all, the only way it makes sense to pay people for their votes is if you have proof that they voted the way you told them to. Back in the day that was no problem, but ever since secret ballots became the norm vote buying has died out. Selfies change all that. If I give you ten bucks to vote for my favorite candidate for mayor, I can withhold payment until you show me a selfie proving that you voted for my guy.[13] | ” |
| —Kevin Drum | ||
Noteworthy events
2017
New Hampshire
On April 3, 2017, the U.S. Supreme Court denied certiorari in Gardner v. Rideout, a case dealing with the constitutionality of ballot selfies. On September 28, 2016, the U.S. Court of Appeals for the First Circuit struck down a New Hampshire law prohibiting ballot selfies, finding that the statute violated the First Amendment to the U.S. Constitution. By denying certiorari, the Supreme Court let the First Circuit's ruling stand.[9][10]
See also
External links
Footnotes
- ↑ PC Magazine, "Definition of: ballot selfie," accessed November 1, 2016
- ↑ 2.0 2.1 Associated Press, "Ballot selfies: A look at where they are allowed or not," October 23, 2016
- ↑ 3.0 3.1 The Washington Post, "Yes, your ballot selfie still might be illegal. Sorry," October 26, 2016
- ↑ CNN, "Here's what each US state says about taking ballot selfies," accessed September 21, 2020
- ↑ KPBS, "Taking A ‘Ballot Selfie’ At The Voting Booth Is Now Legal In California," May 18, 2018
- ↑ The Denver Post, "Judge’s ruling clears way for 'ballot selfies' in Colorado," November 4, 2016
- ↑ KWCH 12, "Kansas Elections official says ballot selfies are legal in Kansas," June 26, 2018
- ↑ Michigan Secretary of State, "Michigan secretary of state settles 'ballot selfie' case" May 8, 2019
- ↑ 9.0 9.1 Bloomberg Politics, "Ballot Selfies Allowed as U.S. Supreme Court Rebuffs New Hampshire," April 3, 2017
- ↑ 10.0 10.1 United States Court of Appeals for the 1st Circuit, "Gardner v. Rideout: Brief in Opposition," March 1, 2017
- ↑ Oklahoma State Legislature, "Bill Information for HB 1259," accessed July 21, 2020
- ↑ Slate, "Bring on the Ballot Selfies!" September 23, 2016
- ↑ 13.0 13.1 13.2 13.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Chicago Tribune, "Editorial: Endorsing the ballot selfie," October 28, 2016
- ↑ Reuters, "Why the selfie is a threat to democracy," August 18, 2015
- ↑ Mother Jones, "The Case Against Voting Booth Selfies," October 26, 2016
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