October 27, 2016—Professor Eugene Volokh was quoted in the Huffington Post discussing the legality of taking and posting pictures with voting ballots. New Hampshire, Michigan, and Indiana have banned these “ballot selfies,” which in turn have incited a series of court cases against these bans, given they violate the First Amendment. States allowing absentee and mail-in ballots facilitate the same vote-buying and coercion schemes that the bans are trying to avoid, leading judges to find the vote-buying argument unconvincing.
Professor Volokh says, “That they allow absentee ballots says they think the risk isn’t that great. If the risk isn’t that great, it’s hard to see why to ban ballot selfies.”