Alabama
Ala. Code § 17-9-50.1
|
Affirmatively permitted in law.
|
A voter may make available a photograph of their own ballot by posting the photograph on the internet or in some other electronic medium.
|
Alaska
Alaska Stat. § 15.15.280
|
Illegal/prohibited
|
Prohibits a person from exhibiting a marked ballot in a way that would enable another individual to ascertain how the person voted.
|
Arizona
Ariz. Rev. Stat. § 16-1018(4), § 16-515(G)
|
Different rules for in-person and absentee voting.
|
A voter may take an image of their own voted ballot and post it on the internet but cannot take photos or videos at a polling place or within 75 feet of the polling place. With these considerations, ballot selfies are permissible for absentee voting but not in-person voting.
|
Arkansas
|
No statute found.
|
|
California
Cal. Elec. Code § 14291
|
Affirmatively permitted in law.
|
A voter may voluntarily disclose how he or she voted if that voluntary act does not violate any other law.
|
Colorado
Colo. Rev. Stat. § 1-13-712
|
Affirmatively permitted in law.
|
Any voter who makes available an image of the voter’s own ballot through electronic means after it is prepared for voting is deemed to have consented to the transmittal of that image.
|
Connecticut
|
No statute found.
|
|
Delaware
|
No statute found.
|
|
District of Columbia
|
No statute found.
|
|
Florida
Fla. Stat. § 104.20, § 102.031
|
No statute found/unclear
|
Except as provided by law, it is illegal for a voter to allow their ballot to be seen by another person. However, a voter is permitted to photograph their own ballot while at the polling place, but no other photography is permitted at a polling place.
|
Georgia
Ga. Code § 21-2-568.2
|
No statute found/unclear.
|
Georgia statute prohibits the use of cellphones or other photographic devices to record or photograph a voted ballot. A federal judge blocked enforcement of the photography ban in polling places 2021 (Coalition For Good Governance v. Kemp). Even so, as of November 2024, Georgia’s secretary of state says that voters cannot take a photo of their ballots, whether inside the polling place or outside of it with absentee ballots.
|
Hawaii
Haw. Rev. Stat. § 11-121
|
Affirmatively permitted by law.
|
A voter is permitted to distribute or share any image of their own marked ballot on social media or another means, no matter where or how the voter took the image.
|
Idaho
|
No statute found.
|
|
Illinois
10 Ill. Comp. Stat. § 5/29-9
|
Likely permitted; statutory language prohibits ballot selfies, but the law was overturned by a court.
|
Illinois statute prohibits a voter from allowing the casting or marking of their ballot to be observed by another person. However, the law was ruled unconstitutional in 2017 (Rogers v. Madison County Clerk, Ill. Cir. Ct. 2017).
|
Indiana
Ind. Code § 3-11-8-17.5
|
Likely permitted; statutory language prohibits ballot selfies, but the law was overturned by a court.
|
While there is a law prohibiting voters from taking photos of their ballots while at a polling place, a federal court ruled the prohibition to be unconstitutional in Indiana C.L. Union Found., Inc. v. Indiana Secretary of State (S.D. Ind. 2017). As a result, the law prohibiting selfie bans is not enforced in the state.
|
Iowa
Iowa Code § 49.88
|
Affirmatively permitted by law.
|
Voters may use photographic devices and display their own voted ballot so long as it does not violate any other part of the election code.
|
Kansas
|
No statute found.
|
|
Kentucky
31 Ky. Administrative Regulations 4:170
|
Affirmatively permitted by regulation.
|
Kentucky statute does not directly address ballot selfies or disclosing one’s voted ballot, but the subject is addressed in the administrative code. Under these regulations, a voter may take photos of themselves with their own voted ballot, as long as they don’t post it within 100 feet of the polling place. In addition, a 2016 Kentucky attorney general opinion affirmed that ballot selfies are permitted in the state.
|
Louisiana
La. Rev. Stat. Ann. § 18:1461.7
|
Illegal/prohibited
|
A voter may not allow a ballot to be seen, nor may they announce the manner in which they have cast their ballot.
|
Maine
Me. Rev. Stat. Ann. tit. 21-A, § 681
|
Likely permitted according to official guidance.
|
A voter may take a photograph in a polling place so long as it depicts only the person taking the photograph (the voter). Additionally, according to Maine’s secretary of state, ballot selfies are allowed in polling places.
|
Maryland
Md. Code Regs. 33.07.04.02
|
Different rules for in-person and absentee voting, based on regulation.
|
Electronic communication devices including cameras and cellphones are prohibited in the polling place. However, there is no law permitting or prohibiting photographing and sharing absentee ballots.
|
Massachusetts
Mass. Gen. Laws Ann. ch. 56, § 25
|
Illegal/prohibited
|
It is illegal for a voter to allow the marking of their ballot to be seen by any person.
|
Michigan
|
Different rules for in-person and absentee voting.
|
Under the 2019 settlement in Crookston v. Johnson, voters can take photos of completed ballots at the polling place as long as they don’t share the images while they are still at the polling place, and they cannot include themselves in the completed ballot photo. There are no laws against photographing an absentee ballot with or without the voter in the photo.
|
Minnesota
Minn. Stat. § 204C.16, §204C.17
|
Illegal/prohibited
|
A voter shall not reveal to anyone in the polling place the name of any candidate whom the voter intends to vote for or has voted for. If a voter shows their marked ballot to anyone else, the election judges must refuse to deposit the ballot in the ballot box and must place it among the spoiled ballots.
|
Mississippi
Miss. Code Ann. § 97-13-45
|
Illegal/prohibited
|
A voter may not allow their ballot to be seen by another person.
|
Missouri
Mo. Rev. Stat. § 115.637(14)
|
Illegal/prohibited
|
It is illegal for a voter to allow their ballot to be seen by any person with the intent of letting it be known how they are about to vote or how they intend to vote.
|
Montana
Mont. Code Ann. § 13-35-201
|
Likely permitted according to official guidance or interpretation.
|
Montana law states that a voter “may not show the contents of the elector’s ballot to anyone after it is marked.” However, a 2018 advisory opinion from the Montana Commissioner of Political Practices states that voluntarily taking a photo of oneself with one’s marked ballot and sharing the image on social media does not violate the prohibitions in law.
|
Nebraska
Neb. Rev. Stat. § 32-1527
|
Affirmatively permitted in law.
|
A voter may voluntarily photograph his or her marked ballot and reveal the photo in a manner that allows it to be viewed by another person.
|
Nevada
Nev. Rev. Stat. § 293.730
|
Illegal/prohibited
|
It is unlawful for a voter to show their voted ballot to another person such that it would reveal any of their votes cast on the ballot.
|
New Hampshire
N.H. Rev. Stat. Ann. § 659:35
|
Likely permitted; statutory language prohibits ballot selfies, but the law was overturned by a court.
|
New Hampshire enacted a ban on taking and sharing a photo of oneself with one’s voted ballot in 2014 (HB 366). This law was challenged in federal court and ruled unconstitutional in 2016. The U.S. Supreme Court declined to take up an appeal challenging the decision. Because the law was ruled unconstitutional, it is not in effect/enforced.
|
New Jersey
N.J. Rev. Stat. § 19:34-7
|
Illegal/prohibited
|
Voters must mark their ballots within the polling booth and are prohibited from showing their ballot to anyone else.
|
New Mexico
N.M. Stat. Ann. § 1-12-59
|
Affirmatively permitted in law.
|
Voters may voluntarily communicate any information regarding the manner in which they voted and marked their paper ballot in an election.
|
New York
N.Y. Elec. Law § 17-130
|
Illegal/prohibited
|
It is illegal for any person to reveal the contents of their completed/marked ballot. A 2017 case upheld this prohibition on showing one’s marked ballot to another person, particularly as it relates to photographing the ballot and sharing the image.
|
North Carolina
N.C. Gen. Stat. § 163.166.3(c)
|
Illegal/prohibited
|
Voters are prohibited from photographing or otherwise recording an image of a voted ballot at a polling place. It is also unlawful for a voter to allow their ballot to be seen by any other person. Note: Pending litigation challenges the constitutionality of the law. As of Oct. 28, 2024, the ban on ballot selfies remains in effect.
|
North Dakota
|
No statute found
|
|
Ohio
Ohio Rev. Code Ann. § 3599.20
|
Illegal/prohibited
|
No voter may allow their ballot to be seen by another person with the apparent intention of letting it be known how they are about to vote.
|
Oklahoma
Okla. Stat. tit. 26, § 7-109
|
Affirmatively permitted in law.
|
A voter may take a digital image or photograph of his or her marked ballot and distribute or share the image via social media or by any other means if performed voluntarily and in compliance with state and federal law.
|
Oregon
2014 SB 1515
|
Permitted based on previous legislative action.
|
In 2014, Oregon repealed a part of state code that prohibited a person from showing their marked ballot to another person to reveal how it was marked.
|
Pennsylvania
Pa. Stat. tit. 25, § 3530
|
Likely permitted according to official guidance or interpretation.
|
Pennsylvania law prohibits a voter from allowing their ballot "to be seen by any person with the apparent intention of letting it be known how he is about to vote." However, according to the Pennsylvania attorney general, taking a ballot selfie is allowed, and a 2016 memo from Pennsylvania officials noted that court cases have established voters' First Amendment right to take a picture of themselves voting.
|
Rhode Island
|
Likely permitted according to official guidance or interpretation.
|
There are no statutes addressing ballot photography or sharing a voter’s own marked ballot. However, the Rhode Island Board of Elections poll worker training manual states that “photographs of a voter’s own ballot are allowed.”
|
South Carolina
S.C. Code Ann. § 7-25-100
|
Illegal/prohibited
|
It is illegal for a voter to allow their ballot to be seen by a person.
|
South Dakota
S.D. Codified Laws § 12-18-27
|
Illegal/prohibited
|
A voter shall not show their marked ballot to anyone else in a way that would reveal the contents of the ballot or the candidates for whom the voter has voted.
|
Tennessee
Tenn. Code Ann. § 2-7-142
|
Different rules for in-person and absentee voting.
|
Voters are prohibited from using a cellphone or other mobile electronic device to take photographs or videos while inside a polling place. However, there is no ban on taking photographs of or disclosing one’s own marked ballot.
|
Texas
Tex. Elec. Code Ann. § 61.014
|
Different rules for in-person and absentee voting.
|
Voters may not use a wireless communication device, including a cellphone, within 100 feet of a voting center. However, there is no ban on taking photos of one’s voted ballot and sharing those photos if they are outside of a polling place, voting an absentee ballot.
|
Utah
Utah Code Ann. § 20A-3a-504
|
Affirmatively permitted in law.
|
A voter is permitted to take a photograph of their own ballot at a polling place, but not of anyone else’s ballot.
|
Vermont
Vt. Stat. Ann. tit. 17, § 1972
|
No statute found/unclear
|
Voters may not allow their ballot to be seen with the intention of letting it be known how they are about to vote. However, in response to direct outreach by Ballotpedia in 2024, the Vermont secretary of state’s office said that there is no Vermont law preventing ballot selfies.
|
Virginia
1 Va. Admin. Code 20-60-30
Va. OAG 16-038
|
Likely permitted according to official guidance or interpretation.
|
Under Virginia administrative code, voters are permitted to bring and use electronic communication devices at a polling place. Additionally, a 2016 Virginia attorney general opinion affirms that ballot selfies are permissible.
|
Washington
Wash. Rev. Code §
|
Likely permitted according to official guidance or interpretation.
|
There is no statute addressing the taking or sharing of ballot selfies. According to the Washington secretary of state’s website, ballot selfies are not prohibited in the state.
|
West Virginia
W. Va. Code § 3-4A-23
|
Different rules for in-person and absentee voting.
|
Electronic and recording devices like cellphones are prohibited in the voting booth. However, there is no law prohibiting taking photos of or sharing one’s own voted ballot outside of the polling place, meaning that absentee ballot selfies are likely acceptable.
|
Wisconsin
Wis. Stat. § 12.13(1)(4)
|
Illegal/prohibited.
|
A voter may not intentionally show their marked ballot to any person.
|
Wyoming
|
No statute found.
|
|