Katie Fretland, and Linda A Moore

The Commercial Appeal

Justin Timberlake's voting selfie in Memphis is drawing scrutiny, but it is not under criminal review, at least for now.

Vince Higgins, communications director for the office of Shelby County District Attorney General Amy Weirich, said he erred earlier Tuesday by saying the singer's selfie was under review for possibly violating state election law.

"While we are aware of an allegation that someone may have violated a Tennessee state election law, we have not been presented anything by an investigative authority," Higgins said.

"The statement released earlier (Tuesday) by my office regarding Justin Timberlake and an investigation was incorrect and was released without my knowledge,” Weirich said in an emailed statement later in the day, adding: "No one in our office is currently investigating this matter nor will we be using our limited resources to do so."

Timberlake, who lives in California and recently bought a spread near Nashville, posted a selfie on Instagram on Monday that showed him casting his ballot at the New Bethel Missionary Baptist Church in Germantown.

Timberlake comes home to vote

Timberlake's selfie opened a discussion regarding the use of cell phones at polling locations. The Tennessee Secretary of State’s office is reminding voters that a 2015 vote by the state legislature banned photographs in polling places, a point reiterated by the office when people started wondering about the entertainer's actions running afoul of the law..

"We're thrilled Justin can’t stop the feeling when it comes to voting so much that he voted early in person and is promoting voting to his millions of fans,” said the office’s spokesman Adam Ghassemi. “In Tennessee, using electronic devices inside polling locations to take pictures, videos or make calls is not allowed. We hope this encourages more people than ever to vote, but Tennesseans should only use their phones inside polling locations for informational purposes to assist while voting, like our free GoVoteTN mobile app. If polling officials discover someone violating this law they will ask the voter to put their phone away.”

The whole episode that began Monday swung from initially praising Timberlake's civic duty for going to the polls and encouraging others to vote to some wondering if he was headed to jail or going to be arrested for the polling-place picture.

Taking a ballot selfie in Tennessee is a misdemeanor violation, and the penalty could include up to 30 days in jail and a $50 fine.

Tennessee State Sen. Brian Kelsey, R-Germantown, said the intent of the 2015 legislation was to allow mobile phone usage in places like Shelby County, where he said the local election commission had banned their use.

"It was a difficult bill to pass, but I wanted to expand the use of phones," Kelsey said. "And then, most election commissions were opposed to that. They wanted to ensure the secret ballot and prohibition of the sale of votes."

State rules across the country vary; some states, like Maine, discourage the practice, while others penalize ballot selfies, including Illinois (where ballot selfies are a felony, carrying a prison sentence of one to three years) and Pennsylvania (where the snap can cost you a $1,000 fine or a year's worth of jail time).

When Denver District Attorney Mitch Morrissey recently issued a reminder against posting shots of ballots, the American Civil Liberties Union of Colorado jumped in, demanding Morrissey retract his statement and describing it as a “misguided threat to prosecute voters for taking and sharing ‘ballot selfies.’ ” A Colorado state senator filed a federal lawsuit Monday to have the 1891 law against sharing ballots overturned.

So where is a voting selfie OK? With no federal law that forbids voters from posting a picture of a completed ballot online, it's a state-by-state issue. Utah, Hawaii, North Dakota, Oregon and Rhode Island are among states that allow citizens to photograph their ballots.

But not in Tennessee. And for Linda Phillips, Shelby County elections administrator, Timberlake's photo meant answering a lot of questions Tuesday.

"Even though he owns homes in Nashville and Los Angeles, that’s fine, he’s a registered voter here in Shelby County,” Phillips told the Shelby County Election Commission during its meeting Tuesday. “I really wish he wouldn’t have taken a selfie though, because he’s sucked up my entire day. I heard from TV stations I had never heard of before.”

Material from USA Today and the Knoxville News Sentinel was used in this report.

The polling place has its own rules

Posted in every polling site in Shelby County is a sign that lists exactly what can and cannot be done with your cell phone.

According to local attorney John Ryder, legal counsel for the Election Commission and the Republican National Committee, state law dictates what should and shouldn't happen once a voter enters a polling location.

Voters can’t make audio recordings, video recordings or take pictures inside the polls, Ryder said.

“In prior times people have used photographs to try to intimidate voters and so the idea was to prohibit the use of new technology in a way that is intimidating to voters. That’s the rationale for that law,” he said.

They can use a cell phone as a research tool or to call someone for help, Ryder said.

There are other rules on how to act and what not to wear.

“You shouldn’t campaign, you shouldn’t wear campaign clothing, campaign buttons or bring campaign literature into the polls. You can bring a sample ballot that you can use as a guide when you’re voting,” Ryder said.

And no guns are allowed.

“Even if you have a carry permit, you can’t take your gun into the polls,” Ryder said. “It’s like a government building for that day.”