Photographing Voted Ballot Prohibited

N.C.G.S. 163-166.3(c) makes it unlawful for a voted ballot to be photographed. Precisely, you can be found in violation of this law if you

1.       Photograph, videotape, or record the image

2.       Of a voted official ballot

3.       For any purpose not otherwise permitted under law

Punishment for Photographing Voters and a Voted Ballot

So, you may be thinking “What’s the big deal? What can really happen to me if I violate one of these laws by taking my own election day ballot selfie?” Well, violation of either of the above statutes is a Class 1 Misdemeanor in North Carolina. Depending on your prior criminal record, in addition to a fine in an amount left to the discretion of the judge, punishment for a Class 1 Misdemeanor ranges from unsupervised probation to 120 days’ active jail time.

If you ultimately decide to snap that election day ballot selfie, maybe nothing will happen. Maybe you won’t receive a citation, a fine, or jail time. However, after reading this blog, you can’t say you weren’t warned. Don’t take the chance. Instead, once you’re outside and away from your voting precinct, turn your election day ballot selfie into an “I voted” sticker selfie! Your friends, and me, will appreciate it just the same as we spend the evening of November 8th scrolling through all the “I voted” selfies posted to our social media accounts.

Howard W. Long, II
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Charlotte Criminal Defense and DWI Lawyer
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