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ELECTIONS

Can You Take a Picture of Your Ballot in New Jersey? What the Law Says Before Election Day

New Jersey voters heading into the final day of early voting on Sunday - and to the polls on Tuesday - cannot photograph a completed ballot under current state law, and a bill that would change that is still in committee.

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Can You Take a Picture of Your Ballot in New Jersey? What the Law Says Before Election Day (New Jersey Garden News)

It is one of the most searched voting questions in New Jersey this week, and the short answer is no - not of the ballot itself. Under current New Jersey law, a voter may not take a selfie or any other photo that shows a completed ballot in the voting booth or polling place, according to the Election Day guidance published this week. A selfie that does not show the completed ballot is allowed.

The rule comes from the state's ballot-secrecy statute, N.J.S.A. 19:34-7, which prohibits a voter from showing a voted ballot and prohibits anyone from asking to see one. The statute carries a penalty of a crime of the fourth degree for a violation, according to the bill text published by the Legislature and read by this desk.

A bill to change the rule is pending, not passed. Assembly Bill A287 would amend the statute so it could not be read to prohibit a voter from voluntarily taking a photograph of the voter's own voted ballot and sharing it on social media. The bill was introduced in January and referred to the Assembly State and Local Government Committee, where it remains - so the current prohibition is the law that applies for this election. Early voting in New Jersey ends Sunday, November 1, and Election Day is Tuesday, November 3, with polls closing at 8 p.m.

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