Can You Take A Picture Of Your Election Ballot In New York State?

With the arrival of election season in the Empire State, millions of New Yorkers have already cast their vote with early voting, and millions more are due to cast their vote on election day. There's little doubt that the 2024 election cycle is one of the most important elections in American history, and all of the hype surrounding this year's election is palpable.

While the presidential election between former President Donald Trump and 49th Vice President Kamala Harris is grabbing a lot of attention in the news and among the people, several other high-stakes issues are set to be voted on in the Empire State.

READ MORE: New York Has Several Big Elections This Year That Need Your Vote

In addition to the President, New Yorkers are voting for the Senate, House of Representatives, the New York State Senate and Assembly, several state, county, and local level judges, school boards, and other local offices. Residents can vote to change the direction of the nation, state, and local county and municipality.

With such an important election in front of us, we might be motivated to take pictures and videos to memorialize this moment for everyone to remember. But before you snap that selfie in the voting booth, make sure you know the rules of what you can and cannot do when taking pictures of yourself voting and your ballot.

Can You Take A Picture of Your Ballot In New York State?

In the social media age, it's not uncommon to see people taking pictures and videos of everything. When we say everything, we mean everything: getting dressed in the morning, eating meals, using the restroom, shopping, driving, you name it.

Often, these things are mundane, sometimes entertaining, but rarely illegal. However, over the last few years, there has been a lot of talk about the legalities surrounding taking a picture of your ballot when voting. In New York State, like many other states, there are rules regarding what you can and cannot do in the voting booth.

So, can you take a picture of your ballot when voting? The answer is sort of and maybe, but may not.

Is that an odd answer? Yes, it is, but so are the rules when you look at them in a modern context.

It all goes back to the interpretation of New York State's Election Law.

While the New York State Board of Elections has said that taking pictures at polling places and of your blank ballot is totally legal and allowed, it is not legal to take a picture of your completed ballot. Section 17–130 of the state election law makes it a Misdemeanor if you s

§ 17–130 Any person who: 10. Shows his ballot after it is prepared for voting, to any person so as to reveal the contents, or solicits a voter to show the same; ... is guilty of a misdemeanor.
-New York State Election Law

The language from this law was in effect long before anyone had access to social media or smartphones and was designed to help protect people from voter intimidation. There has been an effort to change state election law to allow voters to share this information on social media. However, New York State Senate Bill S661 / Assembly Bill A318 has been debated in the legislature since 2017 and hasn't progressed past the committee.