FIRE plaintiff Susan Hogarth. Photo from FIRE press release.

RALEIGH, N.C.,— A Raleigh resident is challenging North Carolina’s ban on taking photos of ballots, arguing that it violates First Amendment rights. Susan Hogarth filed a lawsuit in federal court seeking to halt enforcement of the state law that prohibits ballot selfies.

Hogarth took a selfie with her completed ballot during the March primaries and posted it on X, a social media platform. Weeks later, she received a notice from the North Carolina State Board of Elections informing her that she had committed a crime and demanding that she remove the post. The notice cited a state law making it illegal to photograph, videotape, or otherwise record a voted official ballot.

Despite potential fines and jail time, Hogarth chose not to comply. Instead, with the support of the Foundation for Individual Rights and Expression (FIRE), she is suing state and local election officials. The lawsuit seeks to overturn the law on the grounds that it infringes on free speech.

“It would have been easier to just take the post down,” said Hogarth. “But in a free society, you should be able to show the world how you voted without fear of punishment. Privacy is good for those who want it, openness should be available to those who prefer it.”

FIRE argues that North Carolina’s ballot selfie ban criminalizes a form of political expression protected by the First Amendment. The organization points out that about one in ten Americans, or roughly 26 million people, have taken a ballot selfie at some point. This practice is used to commemorate voting experiences, express political opinions, or show support for candidates.

“Ballot selfie bans turn innocent Americans into criminals for nothing more than showing their excitement about how they voted, or even just showing that they voted,” said FIRE attorney Jeff Zeman. “That’s core political speech protected by the First Amendment.”

The state contends that the ban prevents vote-buying schemes, but FIRE maintains that this justification does not meet the constitutional requirement for restricting speech. The organization argues that the ban is a “content-based” restriction, which is presumptively unconstitutional unless the state can prove it is both necessary and the least restrictive means to achieve its goals.

“The burden is on North Carolina to prove it has a good reason to ban ballot selfies and that this is the only way to do it,” said FIRE attorney Daniel Ortner. “The First Amendment protects the millions of voters who are proud to show the world that they actually voted for the people and policies they care about.”

FIRE is asking the U.S. District Court for the Eastern District of North Carolina to stop the enforcement of the law before the upcoming election. Hogarth plans to take another ballot selfie, this time to promote her candidacy as a Libertarian candidate.

“I won’t be bullied over such an innocent and wholesome impulse as sharing enthusiasm for my candidates,” Hogarth added. “These ballot selfie bans may seem harmless, but they’re just one more way the state attempts to control and muzzle true self-expression while pretending to protect it.”

FIRE, a nonpartisan organization, advocates for free speech and expression rights, emphasizing their importance in a democratic society.