In the age of social media, it’s not uncommon to see voters taking photos with their ballots at voting booths across the country, but in some states, taking “ballot selfies” is a common practice. against the law and violators can even be sentenced to prison.

According to a recent report According to the nonprofit Lawyers for Good Government, ballot selfies are against the law in 13 states, while seven states have laws banning ballot selfies at polling places, but not with mail-in or mail-in ballots.

“State laws that ban selfies in elections are stupid and absurd. More importantly, they are unconstitutional,” former attorney and adjunct law professor Gregg Jarrett told Fox News Digital.

“Such state laws are outdated and have nothing to do with election integrity.”

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Two voters take a selfie after leaving the polling place, Thursday, Oct. 31, 2024, in Stockbridge, Georgia. (The Associated Press)

Before the secret ballot, introduced in the United States in the late 19th century to combat voter fraud, corruption and intimidation, voters used to vote in a clear glass ballot box, according to the Congressional Research Institute.

Once secret voting was introduced, state laws were created to protect voter privacy, but many states have not changed their laws to coincide with modern technologies like smartphones and the growth of social media.

“The idea that ballot selfies somehow undermine laws against voter coercion or ballot buying is without evidence,” Jarrett said. “There is no credible evidence that this has anything to do with voter intimidation. How exactly does this constitute voter fraud, as some states claim? It does not. ”

Some states prohibit voters from posting selfies after voting.

In some states like New York and South Carolina, taking a selfie on a ballot is considered a misdemeanor, and in South Carolina, the law banning photos of ballots shows that violators can face up to one year in prison. » reported Fox Carolina.

Other states, like New Jersey, are more lenient in their enforcement. Even if taking a selfie during a vote is technically prohibited In New Jersey, Secretary of State spokeswoman Trudi Gilfillian said poll workers could simply ask people to stop if they are caught taking a selfie in the booth and not not apply the law if they find images posted on social media.

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Voters cast their ballots during Michigan’s early voting period on October 29, 2024, in Dearborn. (Bill Pugliano/Getty Images)

“While it is true that citizens have a right to privacy in the voting booth and that the law protects their privacy when voting in secret, people are free to waive this right to privacy by publicly disclosing how they voted,” Jarrett noted. “For example, you can tell your friends or even publish your choice on social media or in other communications.

“THE First Amendment preserves the free speech right to express your voting preference before and after you vote. Taking and posting a selfie on a ballot is simply another form of the same type of free expression. »

Over the years, courts in Georgia, New Hampshire and Indiana have struck down or banned laws banning selfies in elections, and most recently, a federal judge in North Carolina ordered a prosecutor not to sue a voter who challenged the ban on selfies in elections. , The Carolina Journal reported.

After taking a photo of herself with her March 2024 primary ballot and sharing it on social media, the voter “received a letter from the North Carolina State Board of Elections demanding that removing her ballot selfie and threatening her with criminal charges,” she said. the lawyers wrote court records.

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A man reads election materials before voting during the final day of early voting, Saturday, November 2, 2024, in Charlotte, North Carolina. (AP Photo/Mike Stewart)

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“Political speech, including photos, are constitutionally protected messages,” Jarrett said.

“Many states recognize these common sense arguments and therefore allow selfies because it is consistent with our free speech principles.”