In the long and distinguished list of stupid and unnecessary laws, North Carolina’s prohibition on taking selfies at the ballot box should rank in the top ten. Yet, for some reason, the state is threatening a woman with jail time for posting a selfie on social media after voting.
The Foundation for Individual Rights and Expression has filed a lawsuit against the state over its “unconstitutional” ban on ballot selfies.
The organization highlighted the case in a post on its website, explaining the story of Susan Hogarth, who is facing prosecution for posting the selfie.
On March 5, Susan Hogarth voted in the North Carolina Libertarian Party primary and took a selfie with her completed ballot. For good measure, Susan took the picture in front of a sign saying ballot photos were not allowed in the voting booth. She then posted the image to X with a caption endorsing the candidates she voted for and declaring, “Laws against #ballotselfie are bullshit.”
A few weeks later, Susan received a letter from the North Carolina State Board of Elections telling her she committed a crime and demanding she take the post down. The board informed her that taking her ballot selfie was a misdemeanor under a North Carolina law stating “no person shall photograph, videotape, or otherwise record the image of a voted official ballot.” That statute is just one of several that criminalize taking and sharing ballot selfies in the state. These restrictions go beyond just photographing yourself in the voting booth: They even extend to posing with absentee ballots in the comfort of your own home.
Despite the threat of possible jail time and fines, Susan refused to comply. Instead, with the help of the Foundation for Individual Rights and Expression, today she’s suing members of the state board and Wake County Board of Elections to have the unconstitutional statutes struck down as they apply to ballot selfies.
“It would have been easier to just take the post down,” said Susan. “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.”
(1) Laws against #ballotselfie are bullshit. (2) I guess this is my endorsement for @ChaseForLiberty and @FireTheUniparty pic.twitter.com/vCGxcQsHsa
— susanhogarth (@susanhogarth) March 5, 2024
FIRE describes North Carolina’s statute as “just one of several that criminalizes taking and sharing ballot selfies in the state” and explains that “These restrictions go beyond just photographing yourself in the voting booth: They even extend to posing with absentee ballots in the comfort of your own home.”
FIRE argues that the law is a content-based restriction on speech, which is prohibited by the First Amendment.
“Under the First Amendment, the government can’t restrict political speech unless it has a compelling reason — and North Carolina doesn’t have one,” the organization insisted.
The group also pointed out that even though posting ballot selfies are considered a crime in 14 states, FIRE’s research shows 1 in 10 Americans, more than 20 million Americans nationwide, say they’ve taken a "ballot selfie.”
FIRE added: “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.”
Let’s be frank. Whoever came up with these laws should be forced to listen to Taylor Swift for 24 hours straight. That might violate the Constitutions’ prohibition on “cruel and unusual punishment,” but extremely stupid laws deserve extreme punishment, don’t they?
All joking aside, it is amazing that such a law was ever passed in the first place. For starters, taking a “ballot selfie” is a protected form of political speech. It allows voters to share their choices in candidates and express their support for their chosen politicians. As FIRE pointed out, the state cannot restrict this type of expression unless there is a compelling reason, which North Carolina clearly doesn’t have.
The state’s argument that these photos could somehow be used in vote-buying schemes falls flat on its face. It is not supported by any real evidence.
Moreover, people posting ballot selfies might actually inspire more people to vote and participate in the political process. It could foster a sense of community and stifle political engagement.
Lastly, the government’s role is to protect our rights. It should not do much more than that. Unfortunately, government at local, state, and federal levels are addicted to power. Whose rights did Hogarth violate by posting a picture of herself at the ballot? Who was harmed? Whose property was affected?
If North Carolina can’t give an answer to this question, it has no reason to allow such a law to stand. The notion that someone could be thrown in a cage for posting a picture on social media is the very definition of Orwellian.
