Ballot selfies
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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.
Ballot selfie regulations by state
As of November 2024, 28 states permitted ballot selfies, while four states permitted them for absentee/mail-in ballot only. Fifteen states prohibited ballot selfies, and in three states and D.C., the permissibility of ballots selfies was unclear.
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:[16]
| “ | 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.[17] | ” |
| —Mark Joseph Stern | ||
In October 2016, the editorial board of the Chicago Tribune similarly argued in favor of allowing voters to take ballot selfies:[18]
| “ | 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.[17] | ” |
| —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:[19]
| “ | 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.[17] | ” |
| —Richard Hasen | ||
Kevin Drum, writing for Mother Jones in October 2016, made a similar argument:[20]
| “ | [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.[17] | ” |
| —Kevin Drum | ||
Noteworthy events
2019
Michigan
On May 8, 2019, the Michigan secretary of state and plaintiff Joel Crookston reached a settlement following a 2016 lawsuit challenging Michigan's ban on ballot selfies. Under the settlement, voters in Michigan can take a photograph of their own ballot in the voting booth, but they cannot appear in the photo.[21]
2017
Indiana
On January 19, 2017, the United States District Court for the Southern District of Indiana granted a permanent injunction for the 2015 case Indiana Civil Liberties Union Foundation, Inc. v. Indiana Secretary of State. The injunction prohibits the enforcement of Indiana's law banning ballot selfies.[22]
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.[23][24]
See also
Footnotes
- ↑ Ballotpedia staff, "Email communication with Assistant Director of Elections Josh Bridges," August 14, 2024
- ↑ Ballotpedia staff, "Email communication with Community Relations Officer Cathleen Hartsky-Carter," August 14, 2024
- ↑ In response to direct outreach in August 2024, the Office of the Idaho Secretary of State said: "So long as the voter is taking a selfie with his/her own ballot without including any other voter or ballot, that is permissible."
- ↑ Ballotpedia staff, "Email communication with Elections Specialist Kate Lynch," August 14, 2024
- ↑ In response to direct outreach in September 2024, the Kansas Secretary of State Team said: "An Election Judge may prohibit picture taking if there are concerns about voter privacy, which is why is why picture taking is generally discouraged."
- ↑ Ballotpedia staff, "Email communication with Kansas Secretary of State Team," September 30, 2024
- ↑ Voters cannot post the selfie while within 100 feet of the polling place.
- ↑ In Michigan, a voter can take a photo of their ballot, but they cannot appear in the photo.
- ↑ In response to September 2024 direct outreach, the Office of the North Dakota Secretary of State said: "There are no specific laws saying they are or are not permissible. Therefore, we understand that voters can take selfies of themselves voting but are encouraged not to get any other voter in the picture out of respect."
- ↑ Ballotpedia staff, "Email communication with Elections Specialist Lee Ann Oliver," September 12, 2024
- ↑ Voters cannot post the selfie while in the polling place.
- ↑ Ballotpedia staff, "Email communication with Deputy Director Johanna Petrarca," August 15, 2024
- ↑ Ballotpedia staff, "Email communication with Chief of Staff Bryan Mills," August 14, 2024
- ↑ In response to direct outreach in September 2024, the Wisconsin Election Commission said: "If a voter '[s]hows his or her marked ballot to any person ...' they are intentionally violating [Wis. Stat. § 12.13(1)(f)]."
- ↑ Ballotpedia staff, "Email communication with Wisconsin Elections Commission Staff Cody Davies," September 12, 2024
- ↑ Slate, "Bring on the Ballot Selfies!" September 23, 2016
- ↑ 17.0 17.1 17.2 17.3 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," updated May 23, 2019
- ↑ Reuters, "Why the selfie is a threat to democracy," August 25, 2015
- ↑ Mother Jones, "The Case Against Voting Booth Selfies," October 26, 2016
- ↑ Michigan Department of State, "Michigan secretary of state settles 'ballot selfie' case," accessed September 3, 2024
- ↑ Google Scholar, "229 F.Supp.3d 817 (2017)" January 19, 2017
- ↑ Bloomberg Politics, "Ballot Selfies Allowed as U.S. Supreme Court Rebuffs New Hampshire," April 3, 2017
- ↑ United States Court of Appeals for the 1st Circuit, "Gardner v. Rideout: Brief in Opposition," March 1, 2017
