With early voting starting today, some West Virginia voters might be tempted to take a "selfie" in the voting booth.
While this might seem like an innocent way to get a few likes on Instagram, election officials say it's illegal to take a picture in the voting booth in West Virginia.
According to The New York Times, a federal court in New Hampshire overturned a ban on voting booth photos, but the decision is still being appealed. Snapchat, a photo-sharing social network popular with younger people, filed an amicus brief in New Hampshire, arguing against the ban on ballot selfies.
Although laws vary by state, West Virginia voters are not allowed to bring electronic devices into the polling booth with them.
According to the West Virginia election code, "No person may enter a voting booth with any recording or electronic device in order to record or interfere with the voting process."
The punishment for bringing a recording or electronic device into a voting booth is up to 12 months in jail and/or a fine up to $1,000.
"By code, West Virginia voters cannot enter the voting booth with a device in order to record the voting process. Therefore, a photo for any use - public or private - would be illegal," said Briana Wilson, communications director for the Secretary of State's Office, in an email.
If voters are determined to have photo evidence to show they voted, Wilson said there is nothing illegal about taking a photo outside a voting precinct or early voting site.
Robert Bastress, a professor at the West Virginia University College of Law, said that, with today's technology, it would be difficult to enforce current code regarding photos and cellphones in the polling booths.
"As a practical matter, it would be beyond enforcement," Bastress said. "It's just so easy to take a picture now."
He said there was a case in 2009, in Jefferson County, where a newspaper publisher took a photo of someone in the polling area and was prosecuted for doing so. The photo was of a poll worker who had organized a petition drive that led to a referendum on the ballot. A criminal charge against the publisher was later dismissed.
Donald Evans, president of the West Virginia Association of County Clerks, said he's never run into any problems regarding ballot photos in the 24 years he's worked for Monroe County.
"One of the signs [posted] simply states 'Electronic devices prohibited' and it would be up to each individual clerk how they would deal with it," Evans said.
If a poll worker sees someone preparing to take a selfie in the voting booth, Evans wants them to remind the voter of the law and tell them to put their phone away. If there's a violation of the code - meaning a photo had been taken - he said he would report it to the prosecuting attorney.
Kanawha County Clerk Vera McCormick said she instructs poll workers to be strict about cellphone use. Poll workers are instructed to tell voters to turn their cellphones off before entering a booth, she said.
Putnam County Clerk Brian Wood said voting booth selfies haven't been an issue there.
He said there are signs posted all around polling locations, reminding voters to not use cellphones or any other recording devices.
This law was put in effect to prevent candidates or parties from "buying votes." Meaning a voter would take a picture of their vote to prove that they followed up on their end of the deal to vote for a certain candidate, and receive some sort of payment.
Wood also said it would be disrespectful to other voters in line who are waiting for a booth, especially with long ballots this year.
"Get in there, vote, get your business done and move on, so other people can do the same," Wood said.
Wood said poll workers also are discouraged from using cellphones, unless they're calling the County Clerk's Office.
Reach Laura Haight at laura.haight@wvgazettemail.com, 304-348-4843 or follow @laurahaight_on Twitter.