According to the Illinois Policy Center, state laws describe it as a violation any time someone "knowingly casts his vote" in a way that "can be observed by another person." The definition would include taking a photograph of a completed ballot and uploading the photo to social media. That person could be considered guilty of a Class 4 felony, and face up to three years in prison.
The law was put into place years ago, long before the internet and cellphone cameras were in everyone's pocket, but it's just one more take on the issues of privacy rights and election law that varies from state to state.
In Kentucky, state law does not allow people to record the likeness of a voter, but the law does not say whether people can record their own likeness. According to the Associated Press, the secretary of state's office routinely tells county clerks that state law does not prohibit ballot selfies.
Tennessee's laws do not allow voters to take photographs or videos while in polling places. They are only allowed to use "electronic devices" for "informational purposes to assist during voting."
Missouri law prohibits voters from allowing others to see their ballots, if the intent is to show how they voted. However, the secretary of state's office urges individuals to check with local election authorities.
Any Illinois voters concerned with possible prosecution might take note of a recent Indiana decision. Last year a federal judge barred the state from enforcing a new law prohibiting ballot selfies.
On the Net:
Associated Press map of state 'ballot selfie' policies
