Can You Take a Picture of Your Ballot Envelope

Photographer's completed ballot ballot

A ballot selfie is a type of selfie that is intended to depict the photographer's completed ballot in an election, as a mode of showing how the lensman bandage their vote. Ballot selfies have risen in prominence alongside the increasing availability of smartphone digital cameras and the use of social media in the 21st century. They accept also generated controversy as potential violations of laws enacted in the late 19th and early 20th centuries to curtail vote buying, peculiarly in the United States, though some U.South. courts have rejected restrictions on ballot selfies as inconsistent with the U.Due south. Constitution's Get-go Amendment guarantees of freedom of speech.

Voters typically take and share ballot selfies to encourage others to vote, to demonstrate their civic involvement, and to express their choice of candidate.^[1] The selfie is often taken in or near a voting booth and the ballot paper is often marked. Others do not accept pictures of themselves in the voting berth, only photograph their ballots (including absentee ballots) or the voting machines, either before or subsequently filling them out.

Issues [edit]

Several concerns have arisen over ballot selfies, typically focused on issues of election secrecy, voter fraud, and voter intimidation. These take led to laws prohibiting or restricting ballot selfies in some places, or the awarding or revision of existing laws to encompass the practice, although enforcement has not been widespread in U.S. jurisdictions.^[ii] Some authorities have indicated that prosecution would be unlikely unless there was some indication that the photo was associated with voter fraud or intimidation or a vote-buying scheme.^[iii]

Legality [edit]

Laws regarding ballot selfies vary by state and jurisdiction, often with laws varying by jurisdiction fifty-fifty within a country.

Brazil [edit]

Brazil'southward ballot laws ensure the secrecy of the vote; therefore, taking whatsoever photos of the voting machine (or, for that matter, using any electronic device while voting) is a crime subject area to prison house and a fine of upwardly to R$fifteen 1000.^[4]

Canada [edit]

Elections Canada has encouraged voters to have selfies outside polling stations^[5] simply cautioned against photos of marked ballots,^[6] as the Canada Elections Act makes it illegal to "evidence [a] election, when marked".^[seven]

Germany [edit]

In federal elections for the Bundestag, taking a ballot selfie in the voting booth was prohibited in 2022 to preserve ballot secrecy and brand vote buying and voter intimidation more difficult. If the voting commission notices a voter taking a ballot selfie, the ballot paper is not accepted. The voter volition then exist given a new ballot paper on asking subsequently destroying the old one.^{[8] [9]}

Republic of ireland [edit]

In the Republic of Ireland, laws regarding the secret ballot are strict: i government website warns that "if you have selfies or post pictures online that reveal who you, or someone else, voted for, you could exist prosecuted."^[10] The Department of the Surroundings, Climate and Communications warns that "taking photographs and the sharing of any photograph of a ballot newspaper marked at an election or a referendum could take the potential to compromise the integrity and secrecy of a election and may found an offence."^[xi] Therefore, one could void one's vote, and/or receive a fine.^{[12] [13] [fourteen]}

The Netherlands [edit]

Ballot selfies are called stemfies in Dutch, literally "votefies". A platform for the protection of the rights of civilians sued the Dutch authorities in 2014 when minister of the interior and kingdom relations Ronald Plasterk said "I won't encourage anyone to have a ballot selfie, but information technology is allowed". The judge ruled that in that location is no law regarding ballot selfies and that it would not exist upwardly to the approximate to say if it was wise of the minister to brand statements the way he did.^[fifteen]

United States [edit]

In the United States, at that place is no federal law regarding ballot selfies, leaving the affair to the private states.^[sixteen] Some U.Southward. states prohibit ballot selfies, imposing fines or jail terms for violations, while other states accept no prohibition.^[17] In some states, laws prohibit photography at a polling place but practise not restrict photographs of absentee ballots.^[1]

The American Ceremonious Liberties Union and others have questioned the constitutionality of prohibiting election selfies, arguing that they violate the First Amendment'southward costless speech guarantee.^{[17] [18] [19]} Others, such as ballot-police expert Richard L. Hasen, consider such statutes to be "narrowly tailored ... to foreclose vote buying" and thus constitutional, and argue that "without the ballot-selfie ban, nosotros could see the reemergence of the buying and selling of votes — and even potential coercion from employers, union bosses and others."^[20] Supporters of ballot selfies, by contrast, argue that the taking and sharing of such photos is positive for democracy; for instance, law professor Paul Bender has suggested that selfies might increment voter turnout.^[21]

In Tennessee, entertainer Justin Timberlake came nether fire for a ballot selfie he took, though the state did not have legal action.^[22]

Constitutional challenges against bans [edit]

Indiana'due south ban was enjoined on Oct 19, 2022 past a preliminary injunction by the U.Southward. District Court for the Southern Commune of Indiana.^[23]

New Hampshire's ban on ballot selfies was ruled facially unconstitutional by the U.Southward. Court of Appeals for the Starting time Excursion in September 2022 in the example Rideout 5. Gardner.^{[24] [25]} The case was brought by the ACLU, with the back up of the Reporters Committee for Freedom of the Press and Snapchat, which were amidst the groups filing amicus briefs in support of the challenge.^{[16] [26]} The court held that the statute's stated justification, to prevent vote-buying or voter compulsion, was non sufficient to sustain the restriction on speech, because "digital photography, the Net, and social media are not unknown quantities -- they have been ubiquitous for several election cycles, without being shown to have the consequence of furthering vote ownership or voter intimidation."^[26] The court thus determined that New Hampshire's police force "is facially unconstitutional even applying only intermediate scrutiny" due to the "substantial mismatch betwixt New Hampshire's objectives and the ballot-selfie prohibition."^[26] The state sought review by the Supreme Courtroom, simply in April 2022 the Court refused to hear the instance, leaving the First Excursion'southward decision intact.^[27]

Michigan's ban was enjoined by a preliminary injunction in tardily October 2022 by the U.S. Commune Courtroom for the Western District of Michigan, but that injunction was stayed in early Nov 2022 by the U.S. Court of Appeals for the Sixth Excursion, which in a two-i conclusion allowed the ban to remain in place.^[28] On May 8, 2022 the Michigan Sec. of State settle the case. Michigan now allows for taking pictures of your ballot inside the voting booth, but not pictures of yourself.^[29]

New York'due south ban on photographing and displaying marked ballots, first enacted in 1890, was upheld in a September 2022 decision in the case Silberberg v. Board of Elections past the U.Due south. District Court for the Southern Commune of New York. Applying strict scrutiny, the court held that the state had a compelling interest in preventing vote buying and voter coercion and that the law was narrowly tailored to meet this involvement.^{[30] [31]}

Laws by state [edit]

Most land laws making it a offense to photograph marked ballots were enacted every bit reform efforts in the early 20th century, every bit part of a broader campaign that saw the introduction of the secret election and the enactment of "other laws intended to prevent voter corruption and intimidation."^[25] Many such Progressive Era laws remain in forcefulness today.^[25] The "outright buying of votes has receded as a meaning issue" although there are some occasional prosecutions.^[25]

Jurisdictions that currently prohibit ballot selfies are Alabama, Alaska, Florida, Georgia, Illinois, Kansas, Massachusetts, Michigan, Mississippi, Nevada, New Jersey, New United mexican states, New York, Northward Carolina, South Carolina, South Dakota, and Wisconsin. Illinois's laws are the strictest of all. While nigh states with anti-ballot selfie laws make the crime a misdemeanor punishable by a fine, in Illinois, taking a ballot selfie is a felony punishable by 1–three years in prison.^{[32] [33]}

Jurisdictions that currently let ballot selfies or do not enforce laws against them are California, Colorado, Connecticut, Hawaii, Idaho, Indiana, Kentucky, Louisiana, Maine, Minnesota, Montana, Nebraska, New Hampshire, N Dakota, Oregon, Rhode Isle, Utah, Vermont, Virginia, Washington, Wyoming, and the Commune of Columbia.^{[32] [33] [34] [35]}

Jurisdictions where the law is currently unclear are Arizona, Arkansas, Delaware, Iowa, Maryland, Missouri, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, and West Virginia.^{[32] [33]}

South Africa [edit]

Due south Africa's Contained Electoral Commission takes a hardline approach toward marked ballot selfies.^[36]

References [edit]

1. ^ ^{a b} Stern, Marker Joseph (September 23, 2016). "Bring on the Ballot Selfies!". Slate . Retrieved November half dozen, 2016.
2. ^ Mathews, Zoe (2014-12-12). "Is A Ban On 'Ballot Selfies' Overkill?". NPR . Retrieved 2020-x-13 .
3. ^ Dissell, Rachel (Oct nineteen, 2016). "Sharing photos of your election illegal in Ohio, but officials not probable to prosecute over selfies". The Plain Dealer.
4. ^ "Quem tirar selfie na urna eletrônica pode parar na cadeia - Tecnoblog". 2 October 2014.
5. ^ "Elections Canada on Twitter".
6. ^ "Don't get any ideas from the U.S., 'ballot selfies' aren't allowed in Canada, election officials say".
7. ^ Branch, Legislative Services (29 June 2021). "Consolidated federal laws of canada, Canada Elections Act".
8. ^ Teresa Dapp (2017-04-01). "Wahl-Selfies sind jetzt verboten: Das Kreuzchen ist Privatsache".
9. ^ "§ 56 BWO - Einzelnorm". www.gesetze-im-cyberspace.de.
10. ^ "Voting in a general ballot". www.citizensinformation.ie.
11. ^ Brophy, Daragh. "Selfies in the polling booth are a bad idea, says Department". TheJournal.ie.
12. ^ Kelly, Fiach. "Q&A how to vote: No selfies, and exit the badge at dwelling house". The Irish gaelic Times.
13. ^ Barry, Aoife. "No selfies or badges: What you need to know earlier you lot vote today". TheJournal.ie.
14. ^ "Voters cast their ballots for Irish election - just warned no selfies in polling booth". The Irish gaelic News. Feb 26, 2016.
15. ^ ECLI:NL:RBDHA:2014:5657
16. ^ ^{a b} Daniel Victor (Apr 27, 2017). "Selfies in the Voting Booth? Snapchat Fights for the Right". New York Times.
17. ^ ^{a b} "Where can you lot take a selfie with your election?". Associated Press. October 24, 2016.
18. ^ "ACLU of Indiana Challenges State Law Prohibiting Ballot "Selfies"" (Press release). Baronial 27, 2015.
19. ^ Gilles Bissonnette (August 12, 2015). "Judge Says New Hampshire's Ban on 'Ballot Selfies' Violates the Offset Amendment and 'Common Sense'". Speak Freely. American Civil Liberties Union.
20. ^ Richard Fifty. Hasen (Baronial xviii, 2015). "Why the selfie is a threat to democracy". Reuters. Archived from the original on August 18, 2015.
21. ^ Macaela J. Bennett (August eleven, 2016). "Could ballot selfies assist save democracy?". Arizona Democracy.
22. ^ Andrea Mandell (Oct 25, 2016). "Justin Timberlake'south voting selfie may have broken the law". United states Today.
23. ^ "Judge bars Indiana from enforcing 'ballot selfie law'". Associated Press/Indianapolis Star. Oct 20, 2015.
24. ^ David Kravets (September 28, 2016). "New Hampshire law barring ballot selfies is unconstitutional, court rules". Ars Technica.
25. ^ ^{a b c d} Contempo Case: Rideout v. Gardner: First Excursion Strikes Downwards State Ban on Ballot Selfies, 130 Harv. L. Rev. 1728 (2017).
26. ^ ^{a b c} "'Ballot selfies' get federal courtroom blessing". CNN. September 28, 2016.
27. ^ Josh Gerstein (April 3, 2017). "SCOTUS won't hear instance on election selfies". Politician.
28. ^ Brad Devereaux (November iv, 2016). "Federal court says no to Michigan ballot selfies once again, days before election". MLive.com.
29. ^ "Michigan secretary of state settles 'ballot selfie' case".
30. ^ Rick Hasen (September 28, 2017). "Federal District Court Upholds NY Ballot Selfie Law Against Beginning Amendment Challenge, Applying Strict Scrutiny". Election Law Blog.
31. ^ "New York voters accept no 1st Amendment correct to snap ballot-booth selfies". Ars Technica . Retrieved 2017-eleven-04 .
32. ^ ^{a b c} Abby Ohlheiser (October 26, 2017). "Analysis: Yes, your ballot selfie withal might exist illegal. Pitiful". Washington Mail.
33. ^ ^{a b c} "17 states where election selfies are illegal". Associated Press. Jan iv, 2017.
34. ^ "Colo. Gov. Signs 'election selfie' bill". 17 March 2017.
35. ^ "Taking A 'Election Selfie' at the Voting Booth is Now Legal in California". 18 May 2018.
36. ^ Noni Mokati (2014-05-03). "Marked election selfie could get y'all jailed". Retrieved 2016-10-24 .

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Source: https://en.wikipedia.org/wiki/Ballot_selfie

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