You can, but it illustrates how stupid you are. It is illegal in all states. In fact, it is not wise to even have your cellphone on and with you when you fill the tank. Any electrical spark can ignite any fumes that are present, and that would be the end. It still happens hundreds of times a year... Oh yeah, no smoking while filling either.
Yes. Well not YOU, but I can. There are lots of regulations against it, but I don't turn mine off in the winter when I refuel. If it were dangerous to leave it on when refuelling, then it stands to reason it just as dangerous to start it and drive away. Triboelectric discharge from a wool sweater, for example, is a real, documented and in fact quite powerful force, yet I don't se any regulations against sweaters at the pump.
Ever seen those big-@ss diesel trucks filling the underground tanks at your gas station? Motor's screaming away, right, because it runs the pump that gets the gas out of the truck and into the ground.
I've done it in winter many times with no problems. Just understand that if a static charge would ignite while pumping DO NOT remove the pump from the car. The static can ignite the gas vapors, pulling out will also ignite the fuel. If it ignites while fueling, leave it alone, the vapors will burn off in a few seconds. Just shut pump off