The ACLU of Indiana is suing the state, claiming Indiana's law that prohibits voters from taking selfies showing their election ballots violates First Amendment free speech rights.
The law took effect this year, and its author, Senator Pete Miller, R-Avon, says it was intended to protect the secret ballot and to prevent people from buying votes.
Miller also says the law is consistent with other laws that ban campaigning at polling places.
But a federal judge in New Hampshire ruled on August 11 that a ballot picture is political speech protected by the First Amendment, nullifying that state's ballot selfie law.
As we reported last week, the Indiana law was part of a broader package of changes to election law, which also loosened restrictions on using cell phones in polling places.
"This does nothing other than that. It allows me to demonstrate who I voted for if that's what I wish to do. If I want to wave that secrecy, I certainly have the right to do so," said Ken Falk, ACLU legal director.
The case was filed in the U.S. District Court for the Southern District of Indiana in Indianapolis.