DA, ACLU disagree if ballot selfies are OK

Denver District Attorney Mitch Morrissey issued a reminder Thursday that it’s illegal in Colorado to show your election ballot to other people and warned that state law makes it illegal to post ballot selfies on social media.

But the ACLU of Colorado is arguing that Morrissey is wrong.

Courts in Indiana and New Hampshire recently upheld individuals’ rights to post ballot selfies, saying it’s a First Amendment right to free speech, said Mark Silverstein, legal director of the ACLU of Colorado.

And seven other states have legislation that specifically allows people to take their pictures with their ballots and post them on social media, Silverstein said.

“We’re asking him to retract his statement,” Silverstein said. “It’s a threat of prosecution as far as I can tell.”

Morrissey’s office issued a news release Thursday morning saying Colorado state law includes ballot selfies posted on social media. It is a misdemeanor offense to do so, the release said.

The press release also cited the law: “No voter shall show his ballot after it is prepared for voting to any person in such a way as to reveal its contents.”

“I’m pretty sure there wasn’t a threat to prosecute voters,” said Lynn Kimbrough, Morrissey’s spokeswoman. “It’s a friendly reminder that an old state law is still on the books.

“It appears to be a successful reminder because it has prompted an interesting discussion today.”

The prohibition on sharing a completed ballot is an effort to guard against potential voter fraud, Kimbrough said.

But the ACLU says Morrissey’s words could intimidate people who have a legitimate need for help in filling out ballots. And state law allows that, Silverstein said.

As for hunting for ballot selfies on social media, Kimbrough said the DA’s office takes cases based on complaints. Any complaints would be looked into and facts of the case would be taken into consideration, including free speech rights, she said.