ST. LOUIS – We’re less than two months away from the 2024 presidential election. Many voters will prove they went to the polls with an “I Voted” sticker come Nov. 5. Some may want to prove they voted in other ways, perhaps by taking a selfie with their ballot.
While no federal law exists to prohibit Americans from sharing ballot selfies, it can’t be done just anywhere. Many states have laws that directly or indirectly prohibit voters from sharing ballot selfies and, in some cases, even taking photos with their ballots.
Supporters of ballot selfies argue they are an expression of free speech protected through First Amendment rights. Critics, however, warn that ballot selfies could compromise the integrity of elections by encouraging voter intimidation or vote-buying.
For the two states of the St. Louis metropolitan area, Missouri and Illinois, is it legal to take or share a selfie with your voting ballot? For this year’s general election and beyond, make sure to keep these considerations in mind.
Missouri
The most recent statue in Missouri to address rules around ballot selfies was amended in 2018. Generally speaking, Missouri voters should resist the temptation to share a marked ballot.
Missouri State Statute 115.637.14 explains this as a “Class four election offense”:
On the part of any voter, except as otherwise provided by law, allowing his or her ballot to be seen by any person with the intent of letting it be known how he or she is about to vote or has voted, or knowingly making a false statement as to his or her inability to mark a ballot
Missouri State Statute 115.637.14
The statue adds that anyone who violates this statute could face up to a year of prison and $2,500 in fines, if convicted.
Short answer: Are voting ballot selfies legal in Missouri? No. It is illegal to share a marked ballot to others, including the act of sharing a selfie or other images with such a ballot.
Illinois
The state of Illinois addresses rules around ballot selfies through its Illinois Election Code. Generally speaking, Illinois voters should resist the temptation to share a marked ballot.
Section 10 ILCS 5/29-9 of the Illinois Election Code explains:
Except as permitted by this Code, any person who knowingly marks his ballot or casts his vote on a voting machine or voting device so that it can be observed by another person, and any person who knowingly observes another person lawfully marking a ballot or lawfully casting his vote on a voting machine or voting device, shall be guilty of a Class 4 felony
Section 10 ILCS 5/29-9
According to documents from the Illinois General Assembly, a Class 4 felony could mean anywhere from 1-3 years in prison and $25,000 in fines, if convicted.
Short answer: Are voting ballot selfies legal in Illinois? No. It is illegal for others to see a marked ballot in Illinois, whether through a shared selfie or other images with such a ballot.
While ballot selfies are illegal in Missouri and Illinois, at least 20 states don’t have laws prohibiting such expression, according to Vox.com and the National Conference of State Legislatures.
