Constitutionality of ballot selfie ban tested by new ruling

This browser does not support the video element.

Taking a selfie in the voting booth on Election Day is against the law in Florida and Georgia.

But a Michigan judge is casting doubt about the constitutionality of laws that ban voters from taking and sharing photos of marked ballots after siding with the plaintiff who argued it’s a form of protected free speech.

When you step into the voting booth to cast your ballot you’re expected to have some privacy. Poll workers even give you a secrecy sleeve to cover your ballot.

But some people want to share who they voted for by posting ballot selfies of their civic duty.

“I don't really think it's a problem,” said voter Ed Clay.

The St. Johns County supervisor of elections office said it’s generally not an issue, in fact, it’s difficult to enforce.

Aside from having a sign posted inside, if a poll worker sees you taking a photo you’ll likely get a warning.

For some voters, like Karen Belling, privacy is key but she doesn’t mind the pictures.

“I don't have a problem with taking a picture of yourself,” said Belling.

Other local voters said the voting booth should maintain a certain level of privacy for everyone.

“Not that I care if anybody knows who I voted for but some people are private about it. I could see where it could possibly cause a problem,” said Clay.