If you had the #Selfie song queued up and were ready to sing “I’m gonna drop my vote, but first, lemme take a #selfie”, you might want to reprogram your Election Day playlist.

Many people—including early voters like Justin Timberlake—have been excited to share their role in American history by snapping a few photos while they make their voice heard. But is the ballot selfie legal?

New York State’s Board of Elections Communications Director Valerie Vazquez told Metro that the board’s comment is that the state can’t comment on pending litigation.

RELATED: Can you take a ballot selfie in Massachusetts?

“There is lawsuit against the state saying the rule is basically too restrictive and its essentially asking to lift the ban,” Vazquez said.

Vazquez added that current law considers a ballot photo a misdemeanor, but again, the law is under litigation.

“Each election season, I see people put photographs of their ballot on social media, only to see them take it down after their friends and family warn them it’s illegal,” attorney Leo Glickman of Stoll, Glickman & Bellina, who is representing the three who brought the suit told CBS2.

Some people see a ballot selfie as an expression of free speech and political excitement. The laws on ballot selfies vary from state to state, according to the Associated Press, so getting a clear answer isn’t always easy.

The hardest decision for some on Nov. 8 won't be who should be the next POTUS; the tough call could be which selfie is honestly worth a misdemeanor.