Fact Check: Was Katy Perry's Voting Booth Selfie Illegal?

Katy Perry revealed she voted for Rick Caruso in the Los Angeles mayoral election because the city "is a hot mess."

But the singer has come under fire for posting a selfie from the voting booth showing her votes for both the general election and Proposition 28.

If successful, Prop 28 would see an extra $1 billion of arts education funding poured into all K–12 public schools annually.

Perry posed doing a thumbs-up gesture with the voting screen behind her showing she had picked Democrat Caruso over his opponent, Karen Bass, also a Democrat.

In the Instagram post, she shared another photo that showed she voted 'yes' to Prop 28, as well as an image of her jumping for joy outside the polling station in denim coveralls.

Perry capped off the series of images with another thumbs-up video, this time showing the vote confirmation screen and the singer saying: "I voted."

She encouraged her fans to go and vote regardless of whether they agreed with her political views or not.

"I am voting for a myriad of reasons (see the news) but in particular because Los Angeles is a hot mess atm. #letsgocaruso #yestomeasure28 #yestomeasure1 #doyoubutjustuseyourvoteok🇺🇸," Perry captioned the Instagram post.

She joined other A-list celebrities in voting for Caruso including, Kim Kardashian, Chris Pratt, Gwyneth Paltrow, and Snoop Dogg.

The Claim

Perry was soon trending on Twitter with more than 20,000 tweets appearing with her name in them.

People were quick to criticize Perry for posting photos in the polling booth and questioned whether it was legal to do so.

"Katy Perry must not agree with his [Caruso's] anti crime policy. Taking photos in a polling place is illegal," wrote Twitter user, suebrown1212.

While LeonPaws_FFXIV also questioned: "I thought it was illegal to take pictures of your ballot in the booth?"

"Isn't this photo she took quite illegal? Or does it vary by state haha," asked TwerculesT.

The Facts

The right to cast a secret ballot has been a cornerstone of the U.S. voting system for years, and many states banned cameras in polling stations both as a matter of privacy and to maintain an efficient voting process.

While many states have banned photography in polling stations, including showing marked ballots, California is not one of them.

But the debate around voter secrecy and the increase in "ballot selfies" comes amid the rise of social media.

The popularity of ballot selfies has challenged the concept that people should keep their votes private, according to the National Conference of State Legislatures.

Some groups have even argued allowing "ballot selfies" would encourage young people to vote and could be used in campaigns to increase voting participation.

But when New Hampshire tried to ban ballot selfies showing a marked ballot in 2014, the matter was challenged in federal court and ruled unconstitutional.

The court ruled ballot selfies were constitutionally protected political speech and earned the same protection as other First Amendment rights.

It also ruled New Hampshire could not prove ballot selfies may aid in vote buying, coercion, or other ballot frauds. The federal court's ruling was upheld in the First Circuit Court of Appeals.

In California, social media sharing of pictures from the booth had been illegal previously, as a measure to prevent vote buying or voter coercion.

But after the 2016 California primary, the state legislature voted to change the law, with the change going into effect January 1, 2017.

The Ruling

False.

California does not prohibit people from sharing their votes.

The state amended the Elections Code law in 2014 and it now states that "a voter may voluntarily disclose how he or she voted if that voluntary act does not violate any other law."

FACT CHECK BY NEWSWEEK