In many places, these laws exist in an effort to stop vote buying. However, in some places, laws like these are being repealed, though vote buying is still illegal. That's the case with a September federal appeals court ruling in New Hampshire that's been hailed as a major win for first amendment rights.
"What the court said is it's simply overbroad and unnecessary to have a blanket ban on taking ballot selfies," Heller said. "In fact, they very colorfully used an old expression. They said, that's like burning down the house to roast the pig.
"The court also noticed that it's 2016 and social media has been around for a couple of election cycles. There haven't been any incidents that the court could find where ballot selfies were being used somehow in vote buying or intimidation schemes."
While clarity is coming to some states like New Hampshire, that's far from being the case in all states.