Ballot Selfies Are Still Illegal in North Carolina — Even At Home

North Carolinians have been submitting absentee ballot requests more this election cycle than usual, with the coronavirus pandemic causing concern for in-person options of voting. State data showed close to 1 million mail-in ballots have been requested by registered voters who either cannot or do not wish to go to their polling station. Many people have already begun to receive theirs in the mail, since North Carolina began sending out blank ballots in early September.

But just because they can vote from the comfort of their homes does not mean North Carolinians can partake in a voting activity: the ballot selfie.

Thanks to a handful of high-profile gaffes, taking photos either at the polls or with a completed ballot has become more scrutinized recently due to some states having laws preventing such snapshots. The Washington Post reported in 2018 North Carolina is one of the 20 states, including South Carolina, Tennessee and Georgia, with legislation prohibiting any photographs of completed ballots compared to 23 that specifically allow them.

“We understand wanting to photograph yourself voting, especially with the popularity of selfies,” said Karen Brinson Bell, executive director of North Carolina’s Board of Elections, during the primary elections earlier this year. “However, there are legal ways to display your voting pride, such as wearing your ‘I Voted’ sticker or taking a picture outside of the precinct.”

This legislation carries into mail-in voting, since any photography of a completed ballot violates North Carolina’s General Statue § 163-166.3. According to state officials, the laws stem from how photographs of marked ballots could be used as proof in vote-buying schemes that a voter did select a certain candidate.

Taking photos before a ballot is filled out, however, is legal. Chapel Hill Town Council member Michael Parker did so earlier this month to show community members his absentee ballot.

There are additional laws regarding cellphones and communication when voting in-person too. State laws prohibit those within a voting enclosure from using an electronic device to communicate through voice, text, email or any other method to limit voter assistance. The law also helps prevent disruptions to others there to fill out their ballots.

When it comes to absentee ballots, North Carolina’s Board of Elections is working to change one rule. The group recently issued new guidance saying residents who fail to have a witness sign or provide an address on their absentee ballot envelope will not be forced to start over from scratch. According to the change, those voters will be sent an affidavit to sign to satisfy the requirement and their ballot will not be considered “spoiled.”

President Donald Trump’s campaign committee and the Republican National Committee filed a lawsuit Saturday in an effort to prevent the changes.

More details about absentee voting can be found on the State Board of Elections website, with details specific to Orange County voters on the county’s website. Early voting in North Carolina begins on Thursday, October 15.

Photo via AP Photo/Matt Rourke.

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