If you don’t post a picture of yourself voting on social media, did it really happen?
Well, to avoid breaking the law and getting fined, it might be best to refrain from snapping a selfie on Nov. 8.
It is illegal in at least half of the states to take a photo at the polls—26 states have clear laws banning pictures, while nine states allow them, and laws are unclear in the remaining 15 states, according to NBC News.
Many of these state laws were made to deter election fraud through buying or selling votes—a practice that was common in the 1800’s, but doesn’t seem like an issue that would threaten elections in 2016.
On Tuesday, the First Circuit Court of Appeals in Boston became the first federal court to challenge one of these laws. The court “considered whether banning selfies in the voting booth is a violation of free expression or legitimate way to combat fraud,” NBC reported.
Last year, a federal judge blocked New Hampshire’s law that made it a crime for voters to take a picture of their ballot and share it on social media, and the state appealed the decision.
Gilles Bissonnette of the American Civil Liberties Union of New Hampshire, said voting booth selfies are “a powerful form of political speech that conveys various constitutionally protected messages that have no relationship to vote buying or voter coercion.”
Snapchat is another group taking a stand to support ballot selfies. The social media company filed an amicus brief in the New Hampshire suit earlier this year.
Snapchat said ballot selfies are, “simply the latest way that voters, especially young voters, engage with the political process and show their civic pride.” They added the photos could also “encourage others to vote—particularly younger voters who have historically low turnout rate.”
