Can I Take a Ballot Selfie?
It depends on your state. About 28 states allow photographing your own marked ballot, while roughly 15 ban it — though some courts have struck those bans down as free speech. Never photograph anyone else's ballot.
A ballot selfie seems harmless, but whether it is legal genuinely depends on where you vote — and getting it wrong can, in a few states, be a violation.
What the Law Says
As of the 2024 election:
- About 28 states allow you to photograph your own marked ballot.
- A few more allow it for mail-in/absentee ballots only.
- Roughly 15 states prohibit photographing your completed ballot.
The bans are legally contested. Courts have struck some down as violations of free speech — a federal appeals court found New Hampshire’s ballot-selfie ban unconstitutional, and similar challenges have succeeded elsewhere. Other states still enforce their bans.
One rule is consistent everywhere: do not photograph someone else’s ballot. Even states that allow your own selfie forbid capturing or revealing another voter’s choices.
An Everyday Example
In a state that allows it, you can snap a photo of your own ballot in the booth. In Texas, you generally cannot — Texas restricts using a phone or other device within 100 feet of a voting station. Because the rules flip from state to state, a selfie that is fine in one place can be a violation next door.
What This Means for You
If you want a ballot selfie, check your state’s rule first — and even where it is allowed, keep the camera on your own ballot only. When in doubt, take your “I Voted” sticker photo outside the polling place instead.
Read the Official Law
The actual text, straight from the official government source:
Go Deeper Into the Law
Read the full text and a clear breakdown of the law behind this answer:
Sources
- First Amendment, U.S. Constitution — Courts have struck down some ballot-selfie bans as protected speech.
- State election laws — Ballot-selfie rules are set state by state and vary widely.
Confused by the legal wording? The CivicShield app explains the law in everyday language for your exact situation.
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