Secretary of State Jim Condos says he believes it is legal for a voter to take a photograph with their ballot because Vermont election law does not expressly prohibit this practice.
At this time, 26 states ban voters from taking selfies of their ballots. Nine states allow it and in 15 states, including Vermont, election laws do not specifically address the issue.
In late September, a federal appeals court ruled that New Hampshire's ban on voter selfies was unconstitutional.
Condos says this activity is not illegal in Vermont.
"There is nothing in state statute regarding taking pictures of your ballot," Condos explains. "If you're trying to take a picture with your camera of someone on the other side of the room by zooming in ... on their ballot as their filling it out or something that would be problematic. But there's nothing about taking a selfie in Vermont law."
Lawmakers could review this issue if enough town clerks are concerned about this practice.