Justin Timberlake's ballot selfie highlights mixed laws
While secrecy in the voting booth has become a thing of the past for those ready to share their views and daily lives on social media, laws nationwide are mixed on whether voters are allowed to take pictures of themselves voting and their ballots.
Federal courts have struck down bans in New Hampshire and Indiana, and on Monday, a judge in Michigan blocked enforcement of a ban on ballot selfies, saying it violates free speech.
Tennessee Secretary of State spokesman Adam Ghassemi said officials are "thrilled Justin can't stop the feeling" but reminded voters to use their phones inside polling locations only to help them vote.
[...] election moderators have discretion to prohibit activity "that threatens the orderly process of voting or the privacy of another voter's ballot."
Election officials discourage people from taking pictures but won't do anything to stop them, said Tamara Robinson, a spokeswoman for the D.C. Board of Elections.
Secretary of State spokesman Bradford Queen says state law does not allow people to record the likeness of a voter, but the law does not say whether voters can record their own likeness.
[...] the secretary of state's office routinely tells county clerks the law does not prohibit ballot selfies.
The secretary of state discourages ballot selfies because there's a ban on making unauthorized ballot copies, but there's no law against voters posting photos of their marked ballot.
Lawyers for Secretary of State Ruth Johnson predicted "chaos" at polling places and asked the judge to consider freezing her order while they pursue an appeal in a higher court.
Law does not specifically prohibit the use of cameras at polling places, but election administrators and judges have broad authority to limit disruptive activity, according to Emily Dean, spokeswoman for the secretary of state.
The 1st Circuit Court of Appeals in Boston last month upheld a decision that a ban was unconstitutional, saying it suppresses a large swath of political speech and there was no evidence to support the state's concerns.
Clerks are encouraged to adopt specific rules for their polling places to maintain order, according to Jim Condos, a spokesman for the secretary of state.
A state law bans voters from showing their marked ballots, but Division of Elections Director Josie Bahnke says there is no practical way to enforce it.
Law prevents photos of ballots or the screens of electronic voting machines.
A pending legislative measure would allow voters to take photos of their own ballots while in the voting booth and share it on social media.
A 2012 state attorney general's opinion says that makes it illegal to reproduce a ballot by cellphone, video camera or iPad.
Secretary of State Shantel Krebs says ballot selfies are not allowed because they can be considered influencing a vote or forcing someone to show proof of voting.
Nothing in state law prohibits taking photos while in a polling place as long as it's not disruptive or being used for electioneering purposes, but state law on sharing voter choices is unclear.
The author of the bill, in fact, has been sharing constituents' photos of marked ballots on social media since the law passed.
Law prohibits the use of cameras, cellphones or other electronic devices in voting booths, so Secretary of State Paul Pate has asked voters not to take selfies with ballots.
The state elections chief has advised local election boards to consult their own attorneys about how to apply the law.
Two Republican lawmakers are sponsoring a bill they say will let voters photograph and make public their marked ballots.
[...] officials recently released guidance on electronic items in polling places that noted the recent court cases that "found a First Amendment right to take 'ballot selfies.'"