Susan Hogarth, a resident of Raleigh, North Carolina, is taking on the state over its controversial ban on photographing completed ballots, commonly known as "ballot selfies." Hogarth, a vocal advocate for free speech and a member of the Libertarian Party, filed a lawsuit on August 22, 2024, in the U.S. District Court for the Eastern District of North Carolina, arguing that the state's restrictions violate her First Amendment rights.
The case stems from an incident on March 5, 2024, during the North Carolina Libertarian Party primary. After casting her vote, Hogarth took a selfie with her completed ballot, directly in front of a sign prohibiting such photos, and posted it on X (formerly Twitter). Her post, which included an endorsement of her chosen candidates, drew the attention of the North Carolina State Board of Elections. Just a few weeks later, Hogarth received a stern letter from the Board, warning her that she had broken the law and demanding she remove the photo or face potential prosecution.
NEW: North Carolina voter sues the State Board of Elections after she received threats of criminal prosecution for taking a selfie with her ballot at the polls. The voter alleges that the state's ban on ballot photography violates the First Amendment. https://t.co/koesFPmmxR
— Democracy Docket (@DemocracyDocket) August 23, 2024
North Carolina is one of 14 states where taking a ballot selfie is illegal, with penalties that can include fines and even jail time. The state justifies the ban by claiming that these photos could be used to support vote-buying schemes, a concern the Board considers sufficient to outweigh the protections typically granted under the First Amendment. However, critics, including Hogarth and the Foundation for Individual Rights and Expression (FIRE), which is representing her, argue that this rationale doesn't hold up. They contend that the ban is an unconstitutional restriction on political speech, particularly given that other forms of political expression, like wearing campaign paraphernalia or handing out literature, are permitted.
Hogarth’s lawsuit highlights the growing national debate over the legality and ethics of ballot selfies. While some states have embraced the practice, others, like North Carolina, remain resistant, citing concerns about election security and voter privacy. However, Hogarth and her legal team argue that the state's approach is not only outdated but also overly restrictive. They assert that voters should have the right to publicly display their ballots as an expression of their political beliefs, just as they would express opinions through speech or writing.
ICYMI: NC candidate sues state to overturn ban on taking a selfie with your completed ballot, arguing that it violates constitutional protections on political speech. #ncpol https://t.co/ufoZmKigHi
— LauraLeslieWRAL (@LauraLeslieWRAL) August 23, 2024
FIRE, which has been at the forefront of free speech advocacy, is seeking an injunction to prevent North Carolina from enforcing its ballot selfie ban before the next election.
They argue that the law unfairly targets voters based on the content of their expression, which the Supreme Court has long held to be a presumptively unconstitutional practice. According to FIRE attorney Jeff Zeman, the ban turns "innocent Americans into criminals for nothing more than showing their excitement about how they voted."
Hogarth remains defiant, refusing to remove the post that sparked the controversy. She maintains that in a democratic society, voters should be allowed to share their voting experience without fear of retribution. "Privacy is good for those who want it," Hogarth stated, "but openness should be available to those who prefer it."
This lawsuit not only challenges North Carolina’s specific laws but could also have broader implications for similar laws across the United States. As the case proceeds, it could set a significant precedent regarding the balance between election integrity and free speech rights.
