Election day is right around the corner (that’s Nov. 5, in case you weren’t sure). That means it’s almost time to hit the polls and vote, some of you for the very first time (nerve-racking, I know). For many, this is a super-exciting occasion that’s worth celebrating — and how do we celebrate in the modern age if not with a post on Instagram? But before you post that ballot selfie on social media, it’s important to find out if you’re even allowed to do so.
Look, I know how important social media has been in this election season. It’s how many young voters have gotten educated on how to vote, as well as the issues and candidates they are voting for. It’s also been a great motivator for getting people to the polls, so I totally understand if you want to post a ballot selfie not only to prove that you voted, but to encourage others to vote, too. That can be super effective, and it’s an effort worth applauding. However, it’s actually not OK to do so in some states.
According to the National Conference of State Legislatures, 44 states have constitutional provisions that guarantee the right to ballot secrecy. This might include prohibiting cell phone use and photography at polling sites, as well as prohibiting sharing photos of your ballot with others (and on social media) — meaning, that in some areas, it may actually be illegal to photograph and post a ballot selfie. Here’s what to know based on where you’re voting.
States that restrict ballot selfies
The following states prohibit taking photos at polling sites, posting photos of your ballot, or both, per Ballotpedia:
- Alaska
- Florida
- Georgia
- Illinois
- Massachusetts
- Minnesota
- Mississippi
- Missouri
- Nevada
- New Jersey
- New York
- North Carolina
- Ohio
- South Carolina
- South Dakota
- Wisconsin
States that do not restrict ballot selfies
According to Ballotpedia, 25 states do not have restrictions on photographing and posting photos of your own ballot on Election Day. These include:
- Alabama
- Arkansas
- California
- Colorado
- Delaware
- Hawaii
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Maine
- Michigan
- Montana
- Nebraska
- New Hampshire
- North Dakota
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- Utah
- Vermont
- Virginia
- Washington
States That Only Allow Mail-In Ballot Selfies
While these states may not allow you to take photos of your ballot if you’re voting in-person, they do permit you to post photos of your ballot if you’re voting absentee. Ballotpedia says these states are:
- Arizona
- Tennessee
- Texas
- West Virginia
States Where The Law is unclear
Because ballot selfies are a relatively new phenomenon thanks to the rise of smartphones and social media, some states still do not have clear regulations when it comes to taking and posting photos of your ballot. In these instances, it’s best to err on the side of caution and avoid taking ballot selfies, just to be safe!
- Connecticut
- District of Columbia
- Louisiana
- Maryland
- New Mexico
- Wyoming
If you’re not allowed — or you’re unsure if you’re allowed — to post a ballot selfie, here are some alternatives.
If your state restricts posting pictures of your ballot on social media, or you don’t feel comfortable posting a photo of your ballot, there are still tons of ways to share that you’ve voted.
One popular way is by posting a photo of your “I Voted” sticker. Usually, after voting in-person, you receive a sticker as a reward for voting. (Many people who request mail-in ballots also get “I Voted By Mail” stickers!) After leaving the polls or submitting your ballot by mail, you can post a selfie with your sticker, which is just as effective as posting your ballot.
Another alternative is to post political merch or signage. Posting a selfie wearing your party’s merch or holding up a sign, along with a caption saying you voted, is another great way to show that you voted as well.Â
This last alternative depends on your voting site. Many voting sites have election-themed decorations on the outside of the building, which is the perfect opportunity for a photo opp to celebrate Election Day!Â
Bestie, do you *actually* know how to vote? We’ve got everything you need to make sure you’re fully prepared for Nov. 5. Visit HowToActuallyVote.com for a step-by-step guide to making your voting plan.