Photographing and sharing one's ballot "is political speech protected by the First Amendment," argued the ACLU in its lawsuit against ballot selfie restrictions.
California has changed its law to allow ballot selfies, with Secretary of State Padilla noting that this new form of political expression showcases civic pride and participation.
For decades, photographing ballots was prohibited in California, but in 2016, the tide turned with the passing of AB 1494, allowing voters to express their engagement.
The ACLU's attempt to challenge the ballot selfie ban was rejected by a federal judge due to concerns regarding potential confusion at polling places.
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