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Think before you snap at the polls: ballot selfies not legal in Missouri

BallotSnapchat may think ballot selfies are protected by the First Amendment but in Missouri and many other states they are illegal.

Recently, the U.S. Court of Appeals in Boston struck down a 2014 law in New Hampshire which banned voters from sharing photos of their marked ballots and sharing them on social media.  It comes after Snapchat filed an amicus brief earlier this year arguing that ballot selfies are the latest way that voters, especially young voters engage with the political process and that newsgathers, including digital newsgathers such as Snapchat have a First-Amendment interest in sharing voters’ ballot selfies.

There are many states where ballot selfies are not allowed and Missouri is one of them.  Buchanan County Clerk Mary Baack-Garvey said the issue isn’t taking a picture in the polling booth but rather your marked ballot.

“There’s a statute written in our election law book,” Baack-Garvey said. “Basically what it says is if a voter attempts to show how they voted, i.e. a selfie or if they take it with a camera or they show others with their marked ballot it’s an election offense.”

NBC News posted a list of states with similar laws.  According to NBC, lawyers for New Hampshire the law was originally passed to protect the purity and integrity of its elections by thwarting anyone who would try to buy or sell votes or threaten to harm someone who voted the wrong way.

Baack-Garvey said it’s okay to take a selfie at the polling place but it’s illegal to show your voted ballot.

“According to this election law it says they cannot show their marked ballot,” Baack-Garvey said.

And taking your cellphone into the polls is a hot debate in some areas as well.

“It’s up to the clerk,” Baack-Garvey said. ” There are clerks around the state of Missouri that say no cellphones period.  I allow it because how on earth are my judges going to keep track of who has their cellphones and who doesn’t?”

So in Missouri, those casting ballots in the Nov. 8 presidential election are not allowed to take a selfie with their ballot to show who they voted for.

 

 

 

 

 

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