While you might be proud of how you vote in the upcoming April 1 Consolidated Election, others will have take your word for it.
WGIL recently received a question about the legality of taking a photo of your completed ballot.
Question: Is it legal take a photo of my ballot?
For the answer, we turned to two local election officials — Knox County Clerk Scott Erickson, and Galesburg Board of Elections Executive Director Lisa Watson, who both confirm it is indeed illegal to take a photo of your ballot. In fact, it’s a felony.
Watson points to the Illinois Illinois Election Code, which points out anyone who “knowingly” casts his or her ballot in a way that “can be observed by another person” is breaking the law.
The statute reads:
(10 ILCS 5/29-9) (from Ch. 46, par. 29-9)
Sec. 29-9. Unlawful observation of voting. Except as permitted by this Code, any person who knowingly marks his ballot or casts his vote on a voting machine or voting device so that it can be observed by another person, and any person who knowingly observes another person lawfully marking a ballot or lawfully casting his vote on a voting machine or voting device, shall be guilty of a Class 4 felony.(Source: P.A. 78-887.)
Erickson, too, said, “It’s currently illegal to take a picture of your ballot, and in my opinion, it should stay that way.”
Watson said the issue already has arisen in her office for the April 1 Consolidated Election.
“Since the first day of early voting for the 2025 Consolidated Election, this has happened once at the city election office,” Watson said. “The voter was informed and took a photo of her ‘I Voted’ sticker instead.”
Watson said the 100-plus Illinois election offices do not have policing authority, so concerns are forwarded to the state’s attorney in their jurisdiction.
“The State’s Attorney decides whether or not to pursue a matter,” Watson said.
Erickson said his office stresses the state statute of not allowing photos in the polling place to election judges prior to working elections. He, too, said violations would be directed to the state’s attorney office.
A June 2022 article on Illinois Policy said it appears the state has never charged an Illinois voter for taking a photo of their ballot and sharing it on social media.
Do you have a followup to this topic, or do you have another question about something happening around Galesburg? Email Jay Redfern at jayr@wgil.com.
