Law Prohibiting Ballot Selfies Unconstitutional
In Illinois, it is illegal to take a "ballot selfie" - i.e., taking a photo of yourself with your ballot. The statute makes it a Class 4 criminal felony for “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.” The purpose of the law is to prevent ballot tampering, exposure, or vote monitoring but it has also been interpreted to prohibit individuals from taking a photograph of their ballot and then publicizing that photograph (usually on social media). Last week, a trial court judge in Madison County declared that law unconstitutional.
The Illinois General Assembly is considering a bill to address "ballot selfies." House Bill 388 has passed the Illinois house and is pending in the senate. If passed, the statute would be amended to expressly allow a person to take a photograph of his or her own ballot during the voting process, so long as they aren't receiving any payment for doing so. The underlined language below is the proposed amendment:
(10 ILCS 5/29-9) (from Ch. 46, par. 29-9)
Sec. 29-9. Unlawful observation of voting. 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. Nothing in this Section shall prohibit a person from photographing his or her own ballot at any time during the voting process or from viewing a photograph of a completed or partially completed ballot; however, a person who gives, promises to give, or receives any money or other valuable consideration in connection with the dissemination or viewing of such a photograph shall be guilty of a Class 4 felony.Post Authored by Julie Tappendorf
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