ST. LOUIS, MO (KMOX) - You're proud of your vote and want to document it for social media. Is it legal to take a selfie with your completed ballot this November? Our KMOX Legal Analyst says it's against the law.
"Don't take a selfie of your ballot," advises Brad Young, partner at Harris, Dowell, Fisher, and Young. "I saw it personally throughout the primary season where people would take selfies casting ballots." Young points out, Missouri and Illinois prohibit taking a picture or publicizing the casting of a ballot. Dozens of other states have similar laws. He says it's designed to protect the integrity of the voting process.
"However, there's a very large concern that this violates free speech." Young adds a similar law in New Hampshire has been successfully challenged on First Amendment grounds. "This is political speech, like religious speech, enjoys the highest level of protection. The government has to show a compelling government interest to stop that. In this New Hampshire case there was no evidence of voter fraud, voter buying, or coercion."
"I could not find any instances in Missouri or Illinois where anyone has been prosecuted," Young says if you choose to risk it, you could face a misdemeanor offense.
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