During elections, several photographs of completed ballot papers appear on social media. This Sunday is the day to vote. Is it allowed to share these images? SIC Verifies.
If there are elections, it is certain that photographs of completed ballots will circulate on social media, often with the aim of encouraging those who have not yet gone to the polls to vote. On social media, there are those who only share the cross, but there are also publications accompanied by humor: “If you didn’t share the photo of your ballot, your vote still counts!”
On the other hand, there are those who don’t find these shares funny and leave a “luseful clutch in times of excessive exposure”:
“The vote is secret. Not by whim. Not by tradition. But by constitutional imposition (art. 113 of the Constitution of the Portuguese Republic). Despite this, it has become socially acceptable to transform the act of voting into a small personal performance, duly registered and, preferably, published. (…) Now in the second round, remember: vote, fold the ballot and leave. No digital memory. No applause (or likes). Voting is done in silence. No cell phone and no need to show up. Democracy is grateful and the algorithm doesn’t take it badly”, writes a Facebook user.
What does the law say?
Many people turn to to remember that the vote is secret. However, this article deals with the violation of scrutiny secrecythat is, the act of revealing another person’s vote without consent, which is considered a crime.
“Whoever, in an election referred to in paragraph 1 of article 338, carried out by secret ballot, in violation of the legal provision intended to ensure the secrecy of the ballot, becomes aware or gives knowledge to another person of a voter’s voting intention is punished with a prison sentence of up to 1 year or a fine of up to 120 days”, reads the same article.
I and prohibits any form of advertising on election day and the day before (the so-called day of reflection), providing for sanctions for anyone who, on those days, publishes content that could influence other voters, according to Articles 83 and 129.
In recent years, images of completed voting forms have been circulating on social media. Publishing these photographs on the eve or the day of the election may be considered electoral propaganda, which is prohibited by law.
“Propaganda also means the display of symbols, acronyms, signs, badges or stickers of any candidacies, parties or coalitions”, reads the Article 83º.
“Anyone who on election day or the day before carries out electoral propaganda by any means will be punished with imprisonment for up to six months and a fine”, stated in Article 129.
Therefore, publish images of the completed bulletin on the eve or day of the election is considered electoral propaganda and is prohibited. On the other hand, if sharing occurs at another time, such as during early voting, this does not constitute a crime.
SIC verifies that it is…
It is not correct to say that it is always prohibited to photograph and share one’s completed ballot. Outside of the day before and on election day, share a photo of the ballot itself does not constitute a crime. However, on the eve and on the day of the election, publish images of the completed ballot can be considered electoral propaganda and is prohibited by law.
