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Are Ballot Selfies Legal in Indiana? - Litigation News

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Litigation News


Posted on: Nov 7, 2016

By Laura Gorman, Barnes & Thornburg LLP

Laws nationwide are mixed on whether voters are allowed to take pictures of themselves voting and/or of their ballots.  These laws have not received much attention throughout the years until recently when a celebrity, Justin Timberlake, posted an image of himself at a voting booth on Instagram, in a state that prohibits the taking of such photographs.  

Last October, a federal judge barred Indiana from enforcing a new law that would prohibit voters from taking ballot selfies. However, in a footnote in the ruling, the judge indicates there are exceptions Hoosiers’ should be aware of:

In striking down this portion of Indiana’s election laws, we do not mean to suggest that the State must sit idly by while its voters are coerced or bribed. Indiana has a bribery statute making vote buying and selling illegal, see Ind. Code § 35-44.1-1-1(a)(9), in addition to laws making it illegal for Indiana voters to show their ballots to another person after they are marked or to do “anything to enable any other person to see or know for what ticket, candidates, or public questions the voter has voted.” Ind. Code §§ 3-14-2-16, 18. We presume that law enforcement officials are ready and able to enforce these laws if and when violations are suspected.

The full ruling can be found here.

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