Ballot Selfies in Nevada: Are They Legal?
With the upcoming presidential election and all the drama from the most recent presidential election it is no wonder topics related voting, ballot, and election are trending at this time.
Politics are a hot button issue and voting rights and laws are front and center.
Voting secrecy has become a thing of the past with people ready to share their views and votes on social media.
Voting was supposed to be a private secret thing that one did but with the advent of social media going to vote or sending in a written ballot has become something you post on your Instagram account.
Are Ballot Selfies Illegal?
Laws nationwide are mixed as to whether or not voters can take pictures and post of themselves voting on social media.
The criticism surrounding voting in the U.S. largely stems from the varying rules and laws each state has regarding voting policies and procedures. For instance, in Nevada, photography is prohibited inside polling places, with the exception of media personnel.
Photos of mailed ballots are also banned.
Voting in Secret
The right to cast a secret ballot has been our system of government for at least the last hundred years.
Voting in secret was common in the early part of U.S. history to guard against coercion and bribery. Yet the advent of social media and the “ballot selfie” as it’s called have caused the secrecy issue to resurface.
According to a study, 44 states have constitutional provisions that guarantee secrecy and privacy in voting, and the remaining states have statutory provisions to do so.
States have many reasons to limit cameras in voting or polling places. These provisions and laws protect voters’ privacy as well as limit disruptions in polling places during an election.
In today’s world, heavily influenced by social media and selfie culture, traditional private voting encounters serious challenges. States are grappling with the issue of ballot selfies, as capturing and sharing a photo of one’s ballot can reveal not only the voting location but also the choice made. This raises important concerns about coercion and bribery in the electoral process.
Get Out and Vote
Organizations that work to get more people to vote see the ballot selfie differently than the state legislature does. These organizations’ sole purpose is to get young people and groups who normally don’t vote to register and vote.
Many young people share everything on social media, thinking that sharing a voted ballot is just another experience to share, while the voter organizations see it as a motivating factor for people who normally don’t participate in voting to get out and vote.
The issue of the ballot selfie has been brought to state legislators in recent years with election officials trying to maintain an orderly polling place free of bribery and coercion while voters wish to share their voices on social media.
What Nevada Law Says About Ballot Selfies
In Nevada, phones and pictures are both and explicitly banned.
Mail-in ballot selfies are banned as well.
Only the media is permitted to take photos at a polling facility.
NRS 293.730 states that “A person shall not show his or her ballot to any person, after voting, so as to reveal any of the names voted for.”
Voters can take a picture with a sample ballot before voting; however, cameras are not allowed in polling places designated for voting.
The same statute also states “a person shall not inside a polling place, ask another person for his or her name, address or political affiliation or for whom he or she intends to vote.”
The statute also provides some severe consequences for people who violate part of the statute which we’ll go over below.
Lastly, voters must be mindful of the ability to take ballot selfies and its limits:
- Prohibits unauthorized sharing and use of information relating to how a person voted
- Prohibitions on soliciting or receiving consideration for voting, or refraining from voting for any particular candidate
- Prohibits interfering with the conduct of elections and with the duties of election workers
- Prohibits intimidation of voters
- Prohibits compromising the privacy of other voters
Penalties for Violating Ballot Selfie Laws
Any person who violated any provision of this section is guilty of a category E felony and shall be punished accordingly.
A conviction may also result in a fine of not more than $5,000 or imprisonment for 1-4 years, or both.
Exceptions to the Rule
Media cameras can be permitted by election officials if it doesn’t interfere with voting, is not intimidating to any voters or election officials, and that the privacy of voters is not compromised. It is recommended that news organizations remain at least 25 feet from a polling location to report media stories.
What Happens if I’m Caught Taking a Ballot Selfie in Nevada
Even though it is illegal to take photos inside a polling place and illegal to take photos of your ballot after voting, it is unlikely that the police will take the time to arrest you for this crime.
However, according to the statute it is considered guilty of a class E felony.
Class E Felonies are the least serious type of felony and the punishments include:
- One to four years in prison
- And / or up to $5000 in fines
In most cases, the court will suspend the prison time in lieu of probation instead.
Do note, however, that probation may include a term in county jail.
Do I Need a Lawyer?
If you’re charged with any crime, regardless of its severity, and face arrest or a ticket with an upcoming court date, it’s crucial to consult a lawyer. For any criminal charge that carries potential penalties, including jail time or fines, seeking guidance from an experienced attorney is highly advisable.
Felony charges stay on your record for a long time and can limit your ability to gain employment, rent an apartment, or even attend certain schools if you have a felony conviction on your record.
If you are employed in certain fields that require licensing and certifications, you may have your license suspended or revoked with any criminal conviction including a class E felony conviction.
Always consult a lawyer before taking any action related to criminal charges, regardless of how minor they may seem.
Remember, ballot selfies are prohibited in Nevada. While they may appear harmless, taking such photos can lead to serious consequences.
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Frequently Asked Questions
What is a ballot selfie?
A ballot selfie is a photograph taken of a completed ballot by the voter, typically meant to be shared on social media as a form of self-expression or to encourage others to vote. However, in some states, including Nevada, it is illegal due to concerns about maintaining election integrity and preventing voter coercion.
Are ballot selfies legal?
In Nevada, it is illegal to take photos inside a polling place or to share your completed ballot on social media. These actions are considered a category E felony and can result in fines and/or imprisonment. However, there are exceptions for media coverage as long as it does not interfere with voting or compromise the privacy of other voters.
What is the purpose of banning ballot selfies?
The primary reason for banning ballot selfies is to prevent potential voter coercion and maintain the integrity of the electoral process. By prohibiting the dissemination of one’s voted ballot, the law aims to reduce instances of vote-buying and voter intimidation. This measure also ensures that polling places remain orderly and free from any undue influence.
Can I take a photo of my sample ballot instead?
Yes, you can take a photo of your sample ballot before voting. While cameras are not permitted within polling places, capturing an image of a sample ballot outside these areas is generally acceptable. However, it’s crucial to respect the guidelines and refrain from using your phone or camera inside designated voting areas.
What should I do if I’m caught taking a ballot selfie?
If caught taking a ballot selfie, it is advisable to comply with any directives from election officials and law enforcement personnel. Although the likelihood of arrest is low, it’s crucial to be aware that this act constitutes a class E felony, which can result in fines or imprisonment. Considering the potential legal implications, consulting a lawyer is a prudent step.
How can a felony conviction affect my future opportunities?
A felony conviction can significantly impact various aspects of your life, including employment, housing, and education opportunities. Many employers, landlords, and educational institutions conduct background checks and may be deterred by a felony record. Additionally, certain professional licenses or certifications could be suspended or revoked due to such a conviction, thus affecting your career prospects.
