Why is it illegal to take a photo of your ballot on Election Day in NC? What to know

Editor’s note : This article is part of U.S. Democracy Day, a nationwide collaborative on Sept. 15, the International Day of Democracy, in which news organizations cover how democracy works and the threats it faces. To learn more, visit usdemocracyday.org .

North Carolina allows voters to bring their electronic devices to polling locations during Election Day, but that doesn’t mean you can take a selfie with your ballot.

Voters can bring voting guides , notes and electronic devices — including smartphones — inside voting booths, according to the N.C. State Board of Elections (NCSBE).

Some states, such as California and Alabama , have passed laws permitting voters to share photos of their ballots.

However, North Carolina law prohibits voters from photographing their ballots . Here’s why — and the punishment you could face if you’re caught.

Why is it illegal to take a photo of your ballot in NC?

Taking a photo of your ballot is against the law in North Carolina because the photos could be used for other illegal activities, according to NCSBE.

“Photographing a marked ballot is illegal in part because such photographs could be used as proof of a vote for a candidate in a vote-buying scheme ,” NCSBE says.

What is the penalty for photographing your ballot in NC?

Photographing a finished ballot is considered a class 1 misdemeanor in North Carolina, according to a letter from NCSBE in response to a Raleigh woman who took a selfie with her ballot during the March primary.

NCSBE asked the woman to delete the post, but she chose to sue the agency, claiming the state’s law that bans photographing ballots violates the First Amendment, The News & Observer reported.

The punishment for class 1 misdemeanors in North Carolina is up to 120 days in jail and a fine , according to Charlotte law firm Browning & Long .

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