The chairwoman of the state Ethics Commission posted a photo of her presidential election ballot online Friday, which is illegal under state law.
Former Democratic Attorney General Peg Lautenschlager posted on her Facebook page a photo of her granddaughter next to her ballot showing a vote for Hillary Clinton with the message "this is what (her) grandma did for her today."
Contacted by the State Journal, Lautenschlager said she didn't know taking a photo of her ballot was illegal and that she has seen other people posting photos of their ballots on social media. She said she would take it down immediately.
During the fall primary election, Republican Congressional candidate Paul Nehlen, who lost a challenge against House Speaker Paul Ryan, posted a photo of his ballot online. The town of Delavan Police Department has issued subpoenas in that case and is still reviewing evidence, Chief Ray Clark said this week.
According to the state Elections Commission, Wisconsin banned photographing ballots long ago to prevent the practice of voters being paid to vote a certain way and then using a photograph of the ballot as evidence.
Other states also prohibit so-called "ballot selfies," though recently courts have struck down such laws in Indiana and New Hampshire on First Amendment grounds.
Commission spokesman Reid Magney said it would be up to a district attorney to determine what action to take regarding someone who posts a ballot selfie.
"We are aware of several cases in which no action has been taken if an individual removes the post after being advised of the potential issue," Magney said.
The photo was no longer posted on Facebook shortly after Lautenschlager spoke with the State Journal.