Denver DA says don’t post that ballot selfie, but ACLU disagrees

The Denver Post: Denver District Attorney Mitch Morrissey issued a reminder Thursday that it’s illegal in Colorado to show your election ballot to other people and warned that state law makes it illegal to post ballot selfies on social media.

But the ACLU of Colorado is arguing that Morrissey is wrong.

Courts in Indiana and New Hampshire recently upheld individuals’ rights to post ballot selfies, saying it’s a First Amendment right to free speech, said Mark Silverstein, legal director of the ACLU of Colorado.

And seven other states have legislation that specifically allows people to take their pictures with their ballots and post them on social media, Silverstein said.

“We’re asking him to retract his statement,” Silverstein said. “It’s a threat of prosecution as far as I can tell.”

Morrissey’s office issued a news release Thursday morning saying Colorado state law includes ballot selfies posted on social media. It is a misdemeanor offense to do so, the release said.

The press release also cited the law: “No voter shall show his ballot after it is prepared for voting to any person in such a way as to reveal its contents.”

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