If you elect to take ‘ballot selfie,’ check state law first

TRENTON, N.J. — You probably already know whether you’ll vote for Donald Trump or Hillary Clinton on Election Day, leaving one important question to consider when you walk into your polling place:

Is it OK to take a picture of your ballot?

While secrecy in the voting booth has become a thing of the past for those ready to share their views and daily lives on social media, laws nationwide are mixed on whether voters are allowed to take pictures of themselves in the act or of their ballots — “ballot selfies.”

Federal judges have struck down bans on selfies in New Hampshire and Indiana, and rules have been changed in places like California and Rhode Island and Pennsylvania, but in many states it’s still a violation that carries potential fines or jail terms.

There are laws against sharing any photo of your ballot in 18 states, including Florida and Illinois, while six other states including Maryland bar photography in polling places but do allow photos of mail-in ballots, according to a review of state laws.

Critics say such regulations have not kept up with technology and are confusing for voters and election workers. Some states that ban ballot selfies or have moved to block them cite concerns the photos could harm the integrity of the voting process by encouraging vote-buying or coercion, though some acknowledge there’s no evidence to support those fears.

The 1st Circuit Court of Appeals in Boston last month upheld a decision that New Hampshire’s ban on ballot selfies was unconstitutional, saying it sup- pressed a large swath of political speech and there was no evidence to support the state’s concerns.

“It goes to the core of democracy,” said Gilles Bissonnette, legal director for the American Civil Liberties Union of New Hampshire, which brought the suit on behalf of three people investigated for violating the statute.

Among those filing briefs in support of ballot selfies was Snapchat, which argued they are the latest way voters, especially young adults, get involved in the political process.

California Gov. Jerry Brown signed a bill last month that repeals a 125year-old law barring voters from showing people their marked ballots. It goes into effect after the November election, but legislative analysts have found no occasion of the ban being enforced.

Colorado started mailing ballots last week in the all-mail presidential election, and some ballot selfies started popping up on social media.

In response, Denver District Attorney Mitch Morrissey on Thursday issued a reminder that publicizing completed ballots is a misdemeanor in the state.

The ACLU criticized his statement as potential voter intimidation. Morrissey’s spokeswoman told reporters he had no plans to comb social media looking for ballot selfies, saying authorities investigate only in response to a complaint.

Virginia Attorney General Mark Herring issued a formal opinion last month that nothing in Virginia law prohibits voters from taking pictures of themselves, fellow voters or their ballot within the polling place. Ballot selfies are also legal in Connecticut.

BILL PHILLIPS/AP Bill Phillips of Nashua, N.H., poses with his marked election ballot from the state’s GOP primary in February.