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Illegal to Instagram Ballot in Most States

Tricia Tongco |
November 6, 2012 | 4:21 p.m. PST

Executive Producer

Instagram picture of voter sticker (Flickr/Creative Commons)
Instagram picture of voter sticker (Flickr/Creative Commons)
People who vote today may proudly wear an “I Voted” sticker as a badge of political engagement. However, in the age of Instagram and Facebook, voters have gone even further, photographing and sharing pictures of their ballots through social media.

Such images shared through social networking sites are considered illegal in a surprising number of states, constituting a misdemeanor. According to the Citizen Media Law Project's Documenting the Vote 2012, the laws vary wildly from state to state.

In California, the Election Code states: "After the ballot is marked, a voter shall not show it to any person in such a way as to reveal its contents." In New York, voters are prohibited from showing their ballots after prepared for voting to any person so as to reveal the contents.

SEE MORE: Indiana Senate Race Contributes To Heavy Voting Turnout

The penalties for the offense include fines, jail time or both. Laws against displaying your ballot are motivated by concerns about vote buying, since the picture could serve as proof if someone is bribed for a vote.

“Virtually all of these laws are older laws that predate the current technology,” said Jeffrey Hermes, a First Amendment expert who wrote the Citizen Media Law Project’s guide to ballot disclosure rules.

But, he warned in his guide, “It is easy to imagine situations in which the thoughtless posting of a marked ballot on Facebook could result in negative consequences.”

To prevent voters from unknowingly committing this misdemeanor, some states simply prohibit using phones or cameras within a polling place.

SEE MORE: Exit Polls Show More Women Vote Democratic Than Men

California Secretary of State Debra Bowen issued a statement this election about the issue of recording inside polling places:

"The Secretary of State's office has historically taken the position that the use of cameras or video equipment at polling places is prohibited, though there may be circumstances where election officials could permit such use. For example, if a credentialed media organization wants to photograph or film a candidate voting at a polling place, this is something you may permit, provided you ensure such activity does not interfere with voting, is not intimidating to any voters or election workers and that the privacy of voters is not compromised."

So before you apply a Valencia filter on that artfully angled photo of your ballot, check the laws in your state.

Read more coverage of the 2012 presidential election.

Reach Executive Producer Tricia Tongco here and follow her on Twitter.



 

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