By Maura Perri, Staff Writer
With the 2016 presidential election now in the past, many of us can take pride in the fact that we exercised our civic duty in an effort to effect change in the United States. Did you, however, perhaps take this pride too far?
This past election cycle, singer-songwriter Justin Timberlake snapped a picture of himself casting his early vote in Tennessee and shared it on social media to encourage fans and followers to get out to the polls.[1]
Although his selfie was taken with the sincere intention of inspiring people to vote in such a ground-breaking race, it was, unbeknownst to him, illegal in the state.[2] In fact, in Tennessee, the voting booth selfie “is a misdemeanor punishable by up to 30 days in jail and/or a $50 fine.”[3]Although Timberlake’s celebrity status saved him from being investigated, others without such notoriety might not be as lucky.
Laws regarding voting selfies vary state-by-state, and knowing the law in your own state is absolutely critical to avoid a post-selfie scolding. In addition to Tennessee, there are numerous states that forbid selfies in a voting booth or polling place. These include Alabama, Arizona, California, Florida, and 10 others.[4]
Some states, conversely, allow selfies at the poll, but have laws against a photo showing a completed ballot.[5] In other states, such as Pennsylvania, expressing pride in exercising your right to vote through a selfie is permissible but still discouraged.[6]
It seems that, in effect, Timberlake’s voting selfie not only inspired people to cast their ballots, but it also sparked a national conversation about these anti-selfie laws as bans on the freedom to engage in political discourse. Ballot and voting booth selfies have been deemed illegal in most states — not to infringe upon voters’ freedom of speech, but to uphold the integrity of the voting process.[7]
In fact, many have pointed to these laws as protecting and upholding the sanctity of the electoral process by preventing election fraud and the criminal purchasing of votes.[8] Some, however, still consider selfies like the one Timberlake posted in October to be effective tools to promote voting, and they plan to continue the fight for legal ballot selfies in future elections.[9]
Sources
[1] Danny Cevalos, Justin Timberlake and the limits of what you can do in a polling station, Cable News Network, (Oct. 28, 2016), http://www.cnn.com/2016/10/28/opinions/justin-timberlake-and-voting-booth-limits-cevallos/.
[2] Id.
[3] Lisa Respers France, Justin Timberlake not in trouble for voting selfie, Cable News Network (Oct. 26, 2016), http://www.cnn.com/2016/10/26/entertainment/justin-timberlake-selfie/.
[4] AJ Willigham, Don’t even THINK about taking a selfie when you vote in these states, Cable News Network (Nov. 2, 2016), http://www.cnn.com/2016/11/02/politics/voting-selfie-laws-trnd/.
[5] Id.
[6] Id.
[7]Caitlin Dewey, Election Day PSA: It’s illegal to share photos of your ballot online in many states. Here’s Why., The Washington Post (Nov. 4, 2016), https://www.washingtonpost.com/news/the-intersect/wp/2014/11/04/election-day-psa-its-illegal-to-share-photos-of-your-ballot-online-in-many-states-heres-why/?tid=a_inl.
[8] Id.
[9] Katie Rogers, Can you take a voting selfie? States wage legal battles days before election, The New York Times (Nov. 2, 2016), http://www.nytimes.com/2016/11/03/us/politics/voting-selfie.html?_r=0.
