Can You Take a Photograph of Your Ballot and Post It Online? Check Your State…

“Hey [The Boy – who is fumbling with his camera],” says Mr. Social, “You wanna get a picture of Mitt Romney?”

“No,” says the Boy.

“Get some video of him…. LYING!” says Mr. Social.

The kids went to vote with Daddy during early voting. They were in line for 5 hours, and someone said something about Mitt Romney lying on camera… Mr. Social remembers everything… and repeats most of it.

In 2008, when it was time to vote, I brought my camera, the kids, my mom… we made an event of it. The kids knew that what was happening was a big deal.  That election year, there wasn’t as much talk of cheating as there is this year – from Romney and his family buying voting machines (some say true, some say false) to people being sent away  from their voting site and back again to vote, to people working at the voting sites “encouraging” the use of one type of ballot over another.

People have taken to social media to document their vote (#docthevote12) – makes sense right? In some states, yes.

The laws in some states were written well before Twitter, Facebook, Instagram, and YouTube made instantly sharing pictures and video an issue.

In some states it is a felony to photograph your completed ballot. Check this list to see what the law is in your state… (be sure to click “read more” if you are accessing this post from our main page.)

There is SO much information on the Citizen Media Law Project Webpage – I encourage you to check them out before you take your cell phone with you to vote. Here’s the chart by state. Visit their website for much, much more…

From http://www.citmedialaw.org/state-law-documenting-vote-2012 – Citizen Media Law Project:

For general guidelines on photography and videography in and around polling places, see the general Documenting the Vote 2012 page.

Select a state below to jump to its relevant information.

 

State Does State Law Expressly Prohibit All Recording Inside the Polling Place? 
see below
Written Official Statement on Photos/Filming Exists 
** see below, or click on your state name for more info
Photos or Filming of Own Marked Ballot Prohibited
*** see below
Alabama No X
Alaska No X
Arizona No X X
Arkansas No see below
California No see below X
Colorado No X X
Connecticut No see below
Delaware No
District of Columbia No see below
Florida Yes X X
Georgia see below X
Hawaii No see below
Idaho No see below
Illinois No X
Indiana No see below X
Iowa No see below X
Kansas No X see below
Kentucky Yes see below (1) X see below (2)
Louisiana No X X
Maine No see below
Maryland No see below
Massachusetts No see below X
Michigan No X X
Minnesota No see below (1) see below (2)
Mississippi No see below X
Missouri No see below X
Montana No X
Nebraska No see below X
Nevada Yes X
New Hampshire No see below
New Jersey No see below X
New Mexico No see below X
New York No X
North Carolina Yes see below X
North Dakota No see below
Ohio No see below (1) see below (2)
Oklahoma No X
Oregon No X
Pennsylvania No see below
Rhode Island No
South Carolina No X X
South Dakota No X
Tennessee No
Texas Yes see below
Utah No see below
Vermont No X
Virginia No X X
Washington No X
West Virginia Yes see below X
Wisconsin No X X
Wyoming No

* Regardless of whether there is a specific statute about photography or video, nearly all states prohibit conduct that intimidates voters, interferes with their exercise of the right to vote, or disrupts the voting process. Election officials may take the view that photography or videography runs afoul of these laws.

** This column identifies whether a state agency or official (e.g., the Secretary of State or the state’s Attorney General) has made any statement on whether or how cameras are allowed to be used at a polling place. These statements may indicate that photography/video is: (1) prohibited, even though there is no specific statute on point; (2) allowed at the discretion of local poll officials; or (3) allowed in certain circumstances or under certain restrictions. Links to these statements appear below.

*** This column refers to the practice of photographing or filming one’s own vote at the time of voting and afterwards displaying the image on a publicly accessible platform like the Internet. Streaming live video of your own marked ballot may create legal problems in additional states. “?” means the law is unclear. Keep in mind that states have these laws to prevent vote buying and coercion, so you should be cautious of publicly posting your ballot.

This chart is from http://www.citmedialaw.org/state-law-documenting-vote-2012 – Citizen Media Law Project:

For general guidelines on photography and videography in and around polling places, see the general Documenting the Vote 2012 page.

No matter who you decide to vote for, be informed before you vote.