A ballot selfie on 4 November could land you in jail. Know the rules
Photographing your marked ballot in the 4 November local elections is a crime carrying up to a year in prison. Here are the other voting day offences, their maximum sentences, and how to report them.
Taking a photo of your marked ballot paper on Wednesday, 4 November, is a criminal offence. The regulations under the Municipal Electoral Act make it punishable by a fine, up to a year in prison, or both (Municipal Electoral Regulations, regulation 29).
That's the rule most people break without thinking. A handful of other voting day offences carry up to five or 10 years in prison under the Local Government: Municipal Electoral Act.
Can you take a selfie when you vote?
Yes, but not of your ballot. The Electoral Commission (IEC) says you may take photos of yourself outside the voting station and of your inked thumb to show you voted (IEC). What you can't do is photograph your marked ballot paper or take a camera into the voting booth.
The IEC's own voting guide puts it bluntly: "no selfies please" once you've made your mark (IEC, how to vote).
What else is against the law on voting day?
| What you can't do | Law | Maximum prison term |
|---|---|---|
| Photograph a marked ballot paper | Regulation 29 | 1 year |
| Vote where you're not registered or not entitled to vote | Section 68 | 5 years |
| Vote more than once, or ask for a ballot in someone else's name | Section 68 | 5 years |
| Pretend to be an IEC official, party agent, candidate or observer | Section 68 | 5 years |
| Hold or join a political meeting, march or demonstration on voting day | Section 75 | 5 years |
| Campaign inside the boundary of a voting station | Section 75 | 5 years |
| Put up or hand out posters, pamphlets or placards inside a voting station's boundary (parties, candidates and supporters) | Section 72 | 5 years |
| Publish exit poll results while voting is under way | Section 76 | 5 years |
| Force or unlawfully pressure someone to vote, not vote, or vote for a party | Section 67 | 5 years |
| Interfere with someone's right to a secret vote | Section 70 | 10 years |
| Publish false information to disrupt the election or sway the result | Section 69 | 10 years |
| Ignore a lawful instruction from an IEC official, or obstruct one | Section 73 | 10 years |
| Remove, hide, damage or destroy voting material | Section 71 | 10 years |
Sources: Municipal Electoral Act, sections 67 to 80; regulation 29. Each offence can also be punished with a fine instead of, or alongside, prison time.
Can your boss or family tell you how to vote?
No. The Act bars anyone from compelling or unlawfully persuading you to vote, not to vote, or to vote for a particular party or candidate (section 67). The Electoral Code of Conduct also bans abusing "parental, patriarchal, traditional or employment authority" to influence an election, and bans offering any reward to get someone to vote a certain way (Code of Conduct, item 9).
Your vote is secret. Nobody is entitled to see your ballot or ask you to prove how you voted.
What do you need to take on 4 November?
A valid ID: a green barcoded ID book, a smart-card ID or a temporary ID certificate. Voting stations are open from 7am to 9pm (IEC, how to vote). Make one clear mark on each ballot paper. If you make a mistake, ask an election official for a new one before you put it in the box.
How do you report an offence?
Call the IEC helpline on 0800 11 8000 (IEC). You can also tell the presiding officer at the voting station. Election misinformation online can be reported on Real411, which the IEC links to from its website.
The South African has also listed the IEC's warnings on voting day offences.
FAQ
Is it illegal to take a photo of my ballot in South Africa?
Yes. Photographing a marked ballot paper on election day or a special voting day is an offence under regulation 29 of the Municipal Electoral Regulations, punishable by a fine, up to a year in prison, or both.
Can I post a selfie of my inked thumb?
Yes. The IEC says voters may take photos of themselves outside the voting station and of their inked thumbs. Only photos of a marked ballot are banned.
Can parties campaign at voting stations on 4 November?
No. On voting day nobody may take part in political activity, other than voting, inside the boundary of a voting station, and parties, candidates and supporters may not display or hand out posters or pamphlets there.
What happens if I vote twice?
Voting more than once is impersonation under section 68 of the Municipal Electoral Act and carries a fine or up to five years in prison. Your thumbnail is marked with ink to prevent it.
How do I report electoral fraud?
Call the IEC helpline on 0800 11 8000 or tell the presiding officer at your voting station.