Several people are wondering if a ballot selfie is legal in Missouri. Election day is here, and voting is an important duty for the American citizen. Since we, as a society, tend to document everything we do with the “selfie”, a ballot selfie seems reasonable. But is it legal?

A Ballot Selfie is Likely Illegal Under Missouri Law

Section 115.637(14) RSMo., states that it is a misdemeanor for “any voter, except as otherwise provided by law, allowing his ballot to be seen by any person with the intent of letting it be known how he is about to vote or has voted, or knowingly making a false statement as to his inability to mark his ballot”. The statute provides that a conviction for this offense shall be punished by imprisonment of not more than one (1) year or by a fine of not more than two thousand five hundred dollars ($2,500.00) or by both such imprisonment and fine. So, to the extent that your ballot selfie shows how you voted, you may be incriminating yourself by snapping the picture.

What Are Other States Doing?

Many states, like Missouri, still have laws that appear to prohibit the practice. California has repealed its 125 year old ban on showing your ballot. However. the new law does not go into effect until after this election. Courts in New Hampshire and Indiana have struck down similar bans as unconstitutional restraints on free speech.

Change May Be Coming

According to a recent article on Missourinet, Missouri state Representative Charlie Davis, a Republican from Webb City, interprets Missouri law as prohibiting a ballot selfie. Davis claims it violates the 1st Amendment. “Look at anybody’s facebook page today” said Davis. “Look at anybody’s emails that they get and send out. Look at anybody’s Instagram. People know where people stand politically. And this is an absolute 1st amendment right”. Davis, who owns a computer store in Joplin, plans to introduce legislation to change the Missouri statute.

If you need legal assistance, or have a question about Missouri election laws, please contact us or call Kennedy, Kennedy, Robbins & Yarbro, LC, at (573)686-2459.