CALIFORNIA, USA — With the hype and excitement surrounding some of the contests and propositions on the ballot this year, voters may be tempted to snap a selfie as they turn in their ballot.
Since Jan. 1, 2017, voters have been able to snap a ballot selfie and post it to social media without concern for a misdemeanor.
This is good news for Californians, considering other states participating in Super Tuesday, such as Massachusetts and Alabama, strictly prohibit ballot selfies. Posting a pic of your ballot in these states could land you with a misdemeanor charge, punishable by a fine.
While it is legal in California, the ballot selfie still comes with some restrictions. Election officials will have to exercise discretion on whether a “ballot selfie” creates a disruption and requires a response.
Some of the limits that can be placed on ballot selfies include prohibiting:
- unauthorized sharing of and use of information for how a person voted
- soliciting or receiving consideration for voting, or refraining from voting
- interference with the conduct of elections and with the duties of elections workers
- voter intimidation
- compromises the privacy of other voters that cast a ballot
How the ballot selfie became legal
The bill that Gov. Jerry Brown signed was AB 1494 from assemblyman Marc Levine (D-Marin County).
It was considered to be political speech, and a 1st Amendment right to Free Speech. Levine considered the legislation to be an update to old laws that reflects the world people live in now.
Section 14921 of the Elections Code reads, “After the ballot is marked, a voter shall not show it to any person in such a way as to reveal its contents”; this law was one of the reasons ballot selfies were not allowed.
The bill allowing selfies took effect in 2017, and it added 20 words to the election code that made it legal to take a “ballot selfie” and post it to social media.
“A voter may voluntarily disclose how he or she voted if that voluntary act does not violate any other law.”
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