Are 'voter selfies' illegal?
Like they do with their breakfasts and children, thousands of Facebook, Twitter and Instagram users flocked to social media Tuesday to post "voter selfies."
But unlike taking pet photos, photographing yourself while inside the voting booth or filling out your ballot on Election Day might be illegal.
The laws vary by state. In New York, for example, anyone who "keeps any memorandum of anything occurring within the booth; or directly or indirectly, reveals to another the name of any candidate voted for by such voter; or shows his ballot after it is prepared for voting, to any person so as to reveal the contents" is guilty of a misdemeanor.
Florida, Kentucky, Nevada, Texas and West Virginia expressly prohibit the use of photographic and recording equipment inside polling places.
In Wisconsin, posting photos of completed ballots on Facebook or Twitter constitutes election fraud and is a Class I felony. But in other states, such as Wyoming, there are no laws against documenting your ballot.
New Jersey law doesn't expressly prohibit photography inside polling places, though if you consider uploading a photo of yourself at the ballot box "electioneering," a crime at Garden State voting sites, Democratic gubernatorial candidate Barbara Buono would be guilty of a third-degree felony.
I just cast my ballot in Metuchen -- don't forget to vote yes on question 2 #raisethewage! pic.twitter.com/qFAaXdIGB1
— Barbara Buono (@BuonoForNJGov) November 5, 2013
"Virtually all of these laws are older laws that predate the current technology," Jeffrey Hermes, director of the Citizen Media Law Project, told ProPublica last year. "[But] it is easy to imagine situations in which the thoughtless posting of a marked ballot on Facebook could result in negative consequences."
That isn't stopping users from displaying their "voter selfies" — like a digital version of those "I Voted Today!" stickers — all over Facebook, Instagram and Twitter.
WNYC, New York's public radio station, is even encouraging listeners to submit voter selfies — just "don't take a picture of your actual ballot!"
Okay, here's my #VoterSelfie. Send yours, and filll out WNYC's three-minute voter survey https://t.co/Ch6mAC6U8I pic.twitter.com/RhpVi1XACa
— Brian Lehrer Show (@BrianLehrer) November 5, 2013
I love my polling place! Happy Election Day! #voterselfie pic.twitter.com/izCMf8R5B4
— Megan Moskop (@msmoskop) November 5, 2013
Voter number three in my district! #voterselfie pic.twitter.com/95Cv6KCqdH
— Andrew Fitzgerald (@magicandrew) November 5, 2013
At PS186 #Queens: "Becky! NPR says you have to do a #voterselfie! How do you do that?" #motherdaughtervoting pic.twitter.com/9XHAxL3YWU
— Rebecca Lynch (@RebeccaDLynch) November 5, 2013
De Blasio signing into vote while his son waits. pic.twitter.com/9URnIUhPM3
— Alison G Vingiano (@alivingiano) November 5, 2013
Wanna guess who I voted for? #VoteSergio pic.twitter.com/nfVgx2rrU5
— Sergio For Mayor (@SergioForMayor) November 5, 2013
Mayor Bloomberg voted this morning. There's still time to find your poll site & vote by 9PM http://t.co/qlWPiI7dD1 pic.twitter.com/pDyLEr2w14
— NYC Mayor's Office (@NYCMayorsOffice) November 5, 2013
Gov. Malloy just cast his ballot in today's elections. Have you voted yet? Polls close at 8PM. pic.twitter.com/abAhbvY2OJ
— Governor Dan Malloy (@GovMalloyOffice) November 5, 2013
Click here for a state-by-state list of rules in handy chart form.