That "I voted" sticker may be made for social media, but think twice before pulling out your phone at the ballot box.
Taking a ballot selfie is illegal or restricted in a number of states, and the rules can vary depending on whether you're photographing a completed ballot, taking a picture inside a voting booth or simply using a camera near a polling place.
The consequences can vary, too. Depending on state law, voters who violate election rules could face a warning, fine or other penalties.
In New York, for example, election law prohibits voters from showing their completed ballotto another person, though proposed legislation seeks to change the state's rules
Some states banned
taking photos in or near a voting site. North Carolina prohibits it within the voting booth, whereas Texas bans all photography within 100 feet of polls.
Some states are even more specific: in Michigan, you can take a photo of your own ballot in the booth, but you cannot hold the ballot up to take said picture. In Oklahoma, you can snap a photo of your marked ballot, but you can only share it after you've left the voting booth.
Here's what to know about ballot selfies and how to check the rules where you vote.
See ballot selfie rules by state
Laws explicitly prohibiting ballot selfies are on the books in roughly a dozen states, according to the National Conference of State Legislatures (NCSL) and data compiled by Ballotpedia, while around 10 have a statute or regulation specifically allowing it.
In some cases, restrictions exist, including differences between rules for absentee voting and in-person voting. Others fall into a gray area where guidance from election officials and court rulings can conflict with older statutes or are unclear.
Ballot selfies are explicitly prohibited by law in:
- Alaska
- Georgia* (state officials have said selfies are not allowed, though a court ruling has muddied the legality).
- Massachusetts
- Minnesota
- Mississippi
- Missouri
- Nevada
- New Jersey
- New York
- North Carolina
- Ohio
- South Carolina
- South Dakota
- Wisconsin
An additional six states prohibit ballot selfies when voting in-person; however, laws on photographing an absentee/mail ballot are "unclear," which the NCSL says means "ballot selfies for absentee voting might be permitted." These states have different rules for in-person versus absentee/mail ballots:
- Arizona
- Maryland
- Michigan
- Tennessee
- Texas
- West Virginia
Ballot selfies are explicitly allowed through statute or regulation in:
- Alabama
- California
- Colorado
- Hawaii
- Iowa
- Kentucky
- Nebraska
- New Mexico
- Oklahoma
- Utah
Some states don't have specific laws; however, according to NCSL, they likely permit ballot selfies "based on official guidance or court rulings." These include:
- Illinois
- Oregon
- Indiana
- Maine
- Montana
- New Hampshire
- Pennsylvania
- Rhode Island
- Virginia
- Washington
There are no clear directives allowing or restricting ballot selfies, or the law is disputed, unclear, contradictory, or in flux in:
- Arkansas
- Connecticut
- Delaware
- Florida
- Idaho
- Kansas
- North Dakota
- Vermont
- Wyoming
- Washington, DC
Because election rules can also vary by location and circumstances, voters should check with state or local election officials before photographing a ballot or taking pictures inside a polling place.
How to check your local election rules
USA.gov maintains a directory voters can use to find their state or local election office.
Once on your state election website, search for terms such as "selfie," "photo," "camera," "photography" or "ballot secrecy." Rules governing cameras may also appear under sections addressing confidential voting or electioneering.
If your state's website doesn't answer the question, check with your county or local election office. Contact information is typically available through state election websites.
USA.gov also provides information about voting and election laws, although ballot-selfie restrictions are generally governed at the state or local level.
This article originally appeared on USA TODAY: Taking a ballot selfie? It might be illegal
