Taking a ballot selfie is a felony in Illinois
June 28 (was) the primary election in Illinois, but be careful not to take a self-portrait in the voting booth unless you are ready to potentially face a felony charge.
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Snapping a photo of your filled-in ballot and posting it on Facebook or Instagram is technically a Class 4 felony in Illinois, which comes with a prison sentence of one to three years and a maximum fine of $25,000. According to the Illinois Election Code, anyone who “knowingly” casts his or her ballot in a way that “can be observed by another person” is breaking the law.
It appears the state has never charged an Illinois voter for taking a photo of their ballot and sharing it on social media. So why is this law still on the books?
The intent behind the law is straightforward. It’s meant to deter vote-buying: showing the photo in exchange for cash. But there are other laws in Illinois that explicitly outlaw vote-buying.
And there can be First Amendment issues with outlawing this kind of political speech.
In 2016, a federal judge struck down New Hampshire’s ballot selfie ban, deciding in response to vote-buying concerns that the ban was “burning down the house to roast the pig.”
More here.
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