Each state has its own laws governing photography and recording devices at polling places. For example: While there is no federal law prohibiting “ballot selfies,” it is still illegal in certain states in 2024.
To help journalists with their election coverage, the Institute reached out to attorney Mickey H. Osterreicher, general counsel to the National Press Photographers Association, for an overview on photography at polling locations.
What are journalists allowed to photograph at the polls?
Osterreicher: The general answer is that you need to be aware of state and local rules regarding photography and recording at the polls as they vary widely from state to state.
For example, Florida prohibits any photography at polling or early voting locations, including the use of security cameras. The Florida statutes on polling place administration, 102.031 (5), were amended to state: “No photography is permitted in the polling room or early voting area, except an elector may photograph his or her own ballot.” The change went into effect July 1, 2019. But even that change comes with conditions:
- You can take a picture of your ballot inside the voting booth.
- You can’t take a picture of you inserting the ballot into the tabulator.
- You can’t take pictures of anything else in the polling place or early voting area.
Since 2014, Alabama, Arizona, California, Colorado, Hawaii, Indiana, Nebraska, Oklahoma, and Utah have all either repealed bans on ballot selfies or passed laws allowing them, according to the National Conference of State Legislatures (NCSL). All Oregon ballots are vote by mail, which voters are free to photograph. Some states, such as Texas, prohibit any wireless communication or recording devices of any kind within a certain distance of a polling location, so selfies can’t be taken there anyway.
In some states, people are expressly barred by law from recording anyone at the polls. Some state laws prohibit recording only inside the polling place while others prohibit recording both inside the polling place and in the areas surrounding it (up to a set distance, usually measured in feet).
What are your top tips for journalists when faced with roadblocks to access at the polls?
Osterreicher: Make sure you know the law for the polling sites you wish to access.
Contact the board of elections for those sites and have discussion about the “rules of engagement” for newsgathering coverage long before Election Day (or the start of early voting).
Make sure you have the cellphone number of someone from the board of elections and/or the polling site supervisor so you can immediately contact them should you or your news crews run into any difficulty.
What are some resources you recommend for journalists covering the election?
Osterreicher:
- Video recording in or near polling places
- National Conference of State Legislatures Electioneering Prohibitions
- Voting photos: A state-by-state guide to taking selfies when you vote
- RCFP Election Legal Guide: Newsgathering in or near polling places