Are Ballot Selfies Legal? New Report Explores Laws on the Voter Trend By State

A new report from Lawyers for Good Government and New Georgia Project tackles the legality of taking photos with ballots

Lawyers for Good Government (L4GG), the nation’s largest community of attorneys committed to human rights and equal justice for all, and New Georgia Project, a nonpartisan, nonprofit voting rights and civic engagement organization in Georgia, today released a report on ‘ballot selfies’, or the practice of taking photos of oneself at the ballot box and/or with their ballots.

A ballot selfie is when a person takes a photo of themselves holding their marked ballot and usually uploads the photo to a social media account to show friends that they voted, and for whom they voted. Ballot selfies are a great way to promote voting and engage with one’s community, yet many states have laws that prohibit them. Advocacy organizations are concerned that laws prohibiting ballot selfies are tools of voter suppression, and another way to criminalize ordinary behavior.

Click here to download “Selfie-Defense Training: Understanding and Reforming Laws that Ban Photographing and Sharing Your Ballot”

The report found that ballot selfies are completely legal in 28 states, and illegal in 13 states. Five states have laws prohibiting ballot selfies at polling locations, but not when casting a mail-in or absentee ballot. Six states have laws governing ballot selfies that are unclear. The report calls for states to update their laws to explicitly allow voters the right to take a ballot selfie, and prevent voter fraud and bribery without curtailing free speech.

“We share every aspect our lives on social media—states should not infringe upon that right, especially when it comes to our fundamental right to vote,” said Mika Fernandez, Vice President of Policy and Strategic Engagement at L4GG. “It’s time for our laws to catch up to the digital age and to allow us to discuss our fundamental right to vote, including through the use of ballot selfies.”

“We don’t just want voters to participate in our democracy, we want them to celebrate it,” said Aklima Khondoker, Chief Legal Officer at New Georgia Project. “Taking and posting a ballot selfie online should be an easy, accessible way for voters to show their enthusiasm for participating in the political process and for encouraging others to do the same.”

Click here to download “Selfie-Defense Training: Understanding and Reforming Laws that Ban Photographing and Sharing Your Ballot”

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Lawyers for Good Government (L4GG) coordinates large-scale pro bono programs and issue advocacy efforts to protect human rights and ensure equal justice under the law, and has a network of 125,000+ lawyers to assist in its efforts.

New Georgia Project is a nonpartisan, nonprofit organization focused on building power with and increasing the civic participation of the New Georgia Majority—Black, Latinx, AAPI, and young Georgians—and other historically marginalized communities through voter registration, organizing, and advocacy on the issues important to our communities.