You're standing in the voting booth. The "I Voted" sticker is already calling your name from the plexiglass divider. You've filled out the bubbles for everything from the President to that one obscure soil and water conservation district seat you actually researched this time. Naturally, you want to commemorate the moment. You pull out your phone, frame the ballot, and—stop. Is that legal? Honestly, the answer in Florida is a weird mix of "yes," "no," and "it depends on where you're standing."
If you’ve been scrolling through social media during an election cycle, you’ve seen them. The "ballot selfies." People love showing off their civic duty. But in the Sunshine State, the law has a bit of a split personality when it comes to your camera.
Can you take a picture of your ballot in Florida?
Basically, yes—but there’s a massive catch that catches people off guard. Florida law was updated a few years back to be a little more modern, yet it remains surprisingly strict about the where and how.
Under Florida Statute 102.031(5), a voter is specifically permitted to photograph their own ballot. That was a big win for the selfie crowd. However, the very same sentence in the law clarifies that "no other photography is permitted in the polling room or early voting area."
This means you can snap a photo of the paper itself. You cannot, however, take a wide-angle selfie that shows the guy in the booth next to you. You can't take a video of the poll worker handing you the ballot. You can't even take a photo of the "Vote Here" sign if it's inside the actual room where the voting happens. It is a narrow, laser-focused permission.
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The Secrecy Trap
While the law lets you take the photo, there’s a different statute that makes things messy. Florida Statute 104.20 talks about ballot secrecy. It says that any elector who "allows his or her ballot to be seen by any person" is technically committing a first-degree misdemeanor.
Wait. If I can take the photo, but I can't let anyone see it, what’s the point?
This is where the "human" part of the law meets the "technical" part. For years, election officials and legal experts have debated whether posting that photo to Instagram counts as "allowing it to be seen." For the most part, if you are posting your own ballot to show your own vote, you’re likely safe from the law's wrath. The state is much more concerned about vote-buying schemes—where someone pays you to vote a certain way and demands a photo as proof—than they are about your political activism on Facebook.
The 150-Foot Rule and Other Headache-Inducing Nuances
Florida is famous for its "no-solicitation zones." You've probably seen the blue tape or the signs 150 feet away from the entrance of a polling place. Inside that zone, things get serious.
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- No Photography: Aside from that one specific shot of your own ballot, keep the phone in your pocket.
- No Videos: Don't even think about TikTokking your walk to the ballot box.
- No Other People: If your photo accidentally captures another voter's face or their ballot, you are moving into "illegal" territory fast.
The reason for this isn't just to be annoying. It’s about intimidation. Back in the day—and honestly, still today in some places—photographing people at the polls was used as a tactic to scare them away. If you know someone is recording who shows up, you might think twice about going. Florida’s ban on general photography in the polling room is a shield for voter privacy.
What about Mail-In Ballots?
If you’re voting from your kitchen table, the rules feel a lot looser. Since you aren't in a "polling room," the restriction on photography under Section 102.031 doesn't technically apply to your house. You can take a photo of your mail-in ballot next to your morning coffee and no one is going to bust down your door.
However, the "ballot secrecy" law (Section 104.20) still exists on paper. Again, unless you're involved in a scheme to sell your vote, Florida hasn't exactly been on a crusade to arrest people for sharing their mail-in ballots. But if you want to be 100% legally "clean," the safest move is always the "I Voted" sticker selfie outside the building.
Why the Rules Are So Confusing
Lawmakers aren't always great at keeping up with technology. When these laws were first written, "photography" meant a guy with a tripod and a flashbulb. Now, everyone has a high-definition camera in their pocket.
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Some states, like California and Colorado, have gone full "First Amendment" and explicitly legalized ballot selfies to encourage engagement. Other states, like New York, have kept strict bans in place. Florida tried to find a middle ground in 2019 and 2020, but the result is this weird grey area where you're allowed to take the photo but potentially breaking a different law by sharing it.
Realistically? Most poll workers are more worried about the line moving than they are about you snapping a quick pic of your ballot. But if you get a poll worker who is a stickler for the "no photography in the polling room" rule, they can and will ask you to put the phone away. And if you refuse, they can ask you to leave.
Actionable Tips for Florida Voters
If you absolutely must share your vote with the world, do it the right way so you don't end up as a "cautionary tale" on the evening news:
- Zoom In: If you're taking a photo of your ballot in the booth, make sure the frame contains only your ballot. No booths, no people, no background.
- Wait Until You're Out: Don't post the photo while you're still standing in the polling room. It's distracting and can be seen as "solicitation" if you're trying to influence people in the room.
- The Sticker is King: The "I Voted" sticker is the universal, 100% legal way to show you did your part. Take the selfie outside. The lighting is better anyway.
- Don't Pressure Others: Never, ever take a picture of someone else's ballot. That is a fast track to a third-degree felony if you're an election official, and a major legal headache if you're a regular citizen.
The bottom line is that while Florida lets you take that picture of your own ballot, the state still values the "secret" part of the "secret ballot" more than your social media engagement. Play it smart, keep the camera focused only on your own paperwork, and maybe wait until you're back in the car before you hit "Post."
Next Step: Check your local Supervisor of Elections website to see if they have specific local ordinances about cell phone use in the booth, as some counties can be stricter than the state baseline.