Is it legal to take a selfie with your voting ballot? Here’s what Washington law says

Rosemary Montalvo

Editor’s note: This article is part of U.S. Democracy Day, a nationwide collaborative on Sept. 15, the International Day of Democracy, in which news organizations cover how democracy works and the threats it faces. To learn more, visit usdemocracyday.org.

The 2024 presidential election is right around the corner which means it is almost that time when your social media feed is filled with pictures of the “I voted” sticker and maybe even selfies with ballots.

But is it legal to take a selfie with your ballot and post it to your social media accounts? That depends on which state you live in.

The right to a secret ballot has been a feature that has helped prevent voter coercion, and while some states argue that ballot selfies could lead to vote buying, other states claim ballot selfies are “a form of protected political expression that should be allowed under the First Amendment’s free speech protections,” according to the Free Speech Center.

Here’s what Washington State law says about ballot selfies.

Is it legal to take a selfie with your ballot in WA?

There aren’t any laws in the state of Washington that explicitly ban ballot selfies, according to the Washington Secretary of State’s Office.

“The state of Washington does not directly prohibit ballot selfies. However, it is illegal to view another’s ballot for a purpose prohibited by law, such as vote buying,” according to the Secretary of State website.

Ballot selfie laws in other states

In addition to Washington state, the following states also allow ballot selfies, according to the Lawyers for Good Government website:

  • California

  • Oregon

  • Idaho

  • Montana

  • Wyoming

  • Utah

  • Colorado

  • North Dakota

  • Nebraska

  • Kansas

  • Oklahoma

  • Michigan

  • Indiana

  • Kentucky

  • Alabama

  • Hawaii

  • Virginia

  • Connecticut

  • Maine

  • Vermont

  • New Hampshire

  • Rhode Island

  • Arizona - absentee ballots only

  • Texas - absentee ballots only

  • Tennessee - absentee ballots only

  • Philadelphia -absentee ballots only

  • West Virginia - absentee ballots only

  • Maryland - absentee ballots only

  • Delaware - absentee ballots only

The following states do not allow ballot selfies, according to the Lawyers for Good Government website:

  • Alaska

  • Nevada

  • South Dakota

  • Missouri

  • Illinois

  • Mississippi

  • Florida

  • South Carolina

  • North Carolina

  • New York

  • Ohio

  • Massachusetts

  • New Jersey

According to the Lawyers for Good Government website, it is unclear if the following states allow ballot selfies:

  • New Mexico

  • Louisiana

  • Minnesota

  • Wisconsin

  • Georgia

  • District of Columbia

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