[JURIST] The American Civil Liberties Union of Indiana [ACLU] [official website] on Thursday filed a complaint [text, PDF] challenging the constitutionality of a new Indiana statute that prohibits voters from sharing pictures of their ballots on social media. The ACLU of Indiana claimes that Indiana Code 3-11-8-17.5 [text] violates Indiana citizen’s First Amendment [LII backgrounder] rights. ACLU of Indiana Legal Director Ken Falk stated in regards to the Indiana law, “[t]aking a picture of one’s ballot and sharing it with family and friends is an expression of pride and enthusiasm about voting, and is a form of political speech that must be protected.” The complaint filed in the US District Court for the Southern District of Indiana [official website] demands declaratory and injunctive relief for the citizens affected by the statute. Those who violate the law can be charged with a felony.

Voting laws have been a contested subject in the US recently, especially voter ID laws. In March the ACLU filed a petition asking the US Supreme Court to review the September federal appeals court ruling upholding [JURIST reports] Wisconsin’s voter ID law. Wisconsin’s Act 23 [text, PDF] requires residents to present photo ID to vote. In November a federal appeals court rejected [JURIST report] a Kansas rule that required prospective voters to show proof-of-citizenship documents before registering to vote. In October the Supreme Court allowed [JURIST report] Texas to enforce a strict 2011 voter ID law requiring voters to show photo ID at the polls. Also in October the Arkansas Supreme Court [official website] struck down [JURIST report] a voter ID law finding it unconstitutional.