FILE - Terry Tsipou takes a selfie after voting in front of City Hall in San Francisco, California on November 6, 2018. (JOSH EDELSON/AFP via Getty Images)
LOS ANGELES - With early voting underway and the election quickly approaching, one question remains: Can you take a ballot selfie?
In the U.S., some states make it clear as to whether or not you can take a proud picture with your ballot in hand and post it to social media, but for some states, it’s not so black and white.
Here is a list of the states that allow you (or don’t) to take selfies with your ballot.
Alabama: Yes. You can take a selfie with your ballot and post it as you please, but you cannot reveal anyone else’s ballot information.
Alaska: No. Voters are not allowed to share “a photo, video, or other image of the voter's marked ballot with another person or with the public."
Arizona: Yes and no. While voters are not allowed to take pictures of ballots at polling locations, in the event voters elect to cast a mail-in ballot, it is perfectly legal to post a ballot selfie from home.
Arkansas: Yes, according to Ballotpedia.
California: Yes. California law states that “a voter may voluntarily disclose how he or she voted if that voluntary act does not violate any other law.”
Colorado: Yes. “Under the bill, any voter may show his or her voted ballot to any other person as long as the disclosure is not undertaken in furtherance of any election violation proscribed in the uniform code.”
Connecticut: Yes. “Yes, ballot selfies are allowed by law in the state of Connecticut,” according to the secretary of state.
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Delaware: Yes and no. While you are not allowed to have a phone turned on at polling locations, there is no law that prohibits ballot selfies for those utilizing mail-in voting. “Delaware does not have a specific ‘rule’ regarding ‘ballot selfies,’ however, cellphone use is prohibited in any of the state’s polling places,” the secretary of state stated in an email.
Florida: Yes. “No photography is permitted in the polling room or early voting area, except an elector may photograph his or her own ballot,” according to a 2020 Florida statute.
Georgia: No, according to Ballotpedia.
Hawaii: Yes. “Pursuant to Hawaii election law, voters may share images of their own marked ballot via social media or other means,” the secretary of state office stated.
Idaho: Yes, according to Ballotpedia.
Illinois: No. Taking a picture or selfie of one’s ballot is not allowed in the state of Illinois, according to the state board of elections.
Indiana. Yes. Voters in Indiana may take a ballot selfie.
Iowa: Unclear. Iowa prohibits photos to be taken that reveal ballot information, potentially interfering with the integrity of elections, however, there are no specific laws against taking photos with mail-in ballots.
Kansas: Yes. Kansas does not have a law that expressly prohibits “ballot selfies,” the state’s secretary of state office confirmed.
Kentucky: Yes, according to Ballotpedia.
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Louisiana: Yes. The secretary of state's office pointed out that "it is the voter's choice if they decide to share their ballot pubicly," and this includes taking a ballot selfie.
Maine: Yes. There is no ban under state law about posting images of a marked ballot, “but we do strongly advise against it,” the secretary of state’s office confirmed. Common sense is a voter’s best friend when it comes to taking a ballot selfie in Maine, according to the secretary of state’s office.
Maryland: Yes and no. While it is not illegal to take a selfie with your ballot, voters must keep the information on their ballots confidential. So, for those who are voting at a polling location, ballot selfies are a solid no because no electronic devices are allowed, but for those who opt for a mail-in/absentee ballot, selfies are fair game as long as you do not reveal the information, the secretary of state’s office confirmed.
Massachusetts: No. “There is still a law on the books in Massachusetts which prohibits displaying your voted ballot to any person,” according to the secretary of state’s office.
Michigan: Yes. “In short, voters can take a photo of their own ballot but only while in the voting booth, not including themselves, or of their marked ballot at home if they’re voting absentee,” the secretary of state’s office stated.
Minnesota: Yes. Ballot selfies are not illegal in Minnesota, the secretary of state’s office confirmed.
Mississippi: No. There is a law on the books in Mississippi that prohibits an individual from sharing their marked ballot with anyone. And while it does not specify mail-in/absentee ballot photos, the secretary of state’s office said that "all ballots in Mississippi are treated equally." So, best to steer clear of taking a photo of yourself with your ballot.
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Missouri: No. “Missouri law is clear that taking photos of incomplete or completed ballots is prohibited as a class four election offense,” the secretary of state’s office confirmed.
Montana: Yes. As of 2018, you are fully able to take a ballot selfie as it doesn’t violate any laws in Montana. “The Commissioner (Commissioner of Political Practices) at that point in time had concluded that voluntarily taking a picture of yourself (selfie) with a marked ballot and sharing the image on social media or with family and friends does not violate the prohibitions of Mont. Code Ann. 13-35-201,” the secretary of state’s office confirmed.
Nebraska: Yes. According to the statute 32-1527, section four, of the Nebraska state legislature, “voters are allowed to voluntarily photograph his or her ballot after it is marked and revealing such photograph in a manner that allows the photograph to be viewed by another person.”
Nevada: No. “It is illegal for an individual to post a photo with a marked ballot per NRS 293.730,” according to the secretary of state’s office.
New Hampshire: Yes. “A federal judge struck down a law in New Hampshire that prohibited ballot selfies several years ago,” the secretary of state’s office confirmed.
New Jersey: No, according to Ballotpedia.
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New Mexico: No, according to Ballotpedia.
New York: Yes. Voters are allowed to take a selfie with their ballot as long as the information on the ballot is hidden. If voters do show their ballot information, they may be “violating NY Election Law, Sec 17-130.10, that prohibits a person from ‘showing his ballot after it is prepared for voting, to any person so as to reveal the contents, or solicits a voter to show the same… It’s a misdemeanor.”
North Carolina: No. “Voters should not take a picture of their completed ballot, whether they vote in person or by mail,” said Karen Brinson Bell, executive director of the State Board of Elections. “We respect voters showing their pride in casting a ballot but ask that they do so in another manner.”
North Dakota: Yes. “ND does not have any laws specific to ballot selfies. If it is not disrupting the polling place it is allowed,” according to the secretary of state’s office.
Ohio: No. Voters are not allowed to reveal how they marked their ballot to anyone. “Whoever violates this section is guilty of a felony of the fifth degree,” the secretary of state’s office confirmed.
Oklahoma: Yes. “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: Yes. Ballot selfies are permitted in Oregon, however, voters are not allowed to reveal someone else’s ballot information. So if you decide to post a ballot selfie in Oregon, make sure it’s only your own.
Pennsylvania: Yes. Voters have a First Amendment right to take a ballot selfie, however, you are not allowed to reveal any information on the ballot or anyone else’s ballot. “The Department recommends that voters wait until after they leave the polling place to post ballot selfies on social media,” according to the secretary of state’s office.
Rhode Island: Yes. Voters are permitted to take ballot selfies.
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South Carolina: No. “State law prohibits voters from taking ballot selfies. The use of cameras is not allowed inside the voting booth,” according to the secretary of state’s office.
South Dakota: No. Voters are not allowed to publicize an official ballot after it is marked by any person.
Tennessee: Unclear. While electronic devices are not allowed inside polling locations, there is no law that specifies selfies with mail-in/absentee ballots.
Texas: Yes. While you can take a ballot selfie, you are not allowed to take photos at any polling location and since the COVID-19 pandemic is ongoing, mail-in/absentee ballots are fair game.
Utah: Yes. As in other states that allow ballot selfies, voters are allowed to take photos of themselves with their own ballot but are strictly prohibited from sharing someone else’s ballot information.
Vermont: Yes, according to Ballotpedia.
Virginia: Yes. The secretary of state's office has confirmed ballot selfies are legal in the state of Virginia.
Washington state: Yes. Voters are allowed to take pictures with their ballots.
Washington, D.C.: Yes. Voters are allowed to take a ballot selfie but should not take one of anyone else’s.
West Virginia: Yes and no. Voters who are physically at polling locations are strictly prohibited from taking any photos or recording any footage, however, if voters decide to opt for the mail-in/absentee ballot, there are no laws expressly prohibiting selfies from home. “Photos of absentee ballots, by themselves, are not prohibited. However, if the photos are used as part of a vote-buying scheme (e.g. as proof that the voter voted for the nefarious candidate in exchange for money or other thing of value), then that’s a crime,” according to the secretary of state’s office.
Wisconsin: No. While there is no specific law against taking a ballot selfie, “it is against the law to show your marked ballot to any person or to place a mark upon the ballot so it is identifiable as your ballot.”
Wyoming: Yes. As long as you don’t disturb polling locations, it is fine to take pictures with your own ballot.
Disclaimer: For the states whose information was derived from Ballotpedia, FOX TV Stations attempted to reach out to each state’s secretary of state’s office or election office and did not get a response.