Hogarth v. Brinson Bell: North Carolina Threatens Voter with Prosecution for Taking a Ballot Selfie
Cases
Case Overview
Voting and peaceful political expression are two cherished American freedoms. But North Carolina makes it a crime to do both at the same time.
Raleigh voter Susan Hogarth found that out the hard way in March 2024, when she received a letter from the North Carolina State Board of Elections threatening criminal prosecution because she took a picture of herself with her completed ballot, sometimes called a “ballot selfie.” When she’d voted earlier that month, Susan took a ballot selfie to promote the candidates she’d voted for, commemorate her vote, and encourage others to vote. Minutes later she posted the photo on social media. Caring nothing for her reasoning, let alone that she was engaging in political expression, the State Board threatened Susan with possible fines and jail time. All for taking and sharing a picture of herself!
Four provisions of North Carolina law ban ballot selfies by unconstitutionally regulating speech based on the content of its message: an image of a vote—including your own. But under the First Amendment, the government can’t restrict political speech unless it has a very good reason. For ballot selfies, North Carolina doesn’t have one.
A fifth provision requires getting permission from an election official before taking a picture of any voter – including yourself. That election official, however, has unlimited discretion to deny permission for any reason or no reason at all. That’s unreasonable and, therefore, unconstitutional.
On August 22, 2024, FIRE filed a lawsuit on Hogarth’s behalf, seeking to block North Carolina officials from enforcing the state’s laws against people taking ballot selfies. When it comes to political speech, a picture is worth a thousand words. States should be encouraging voters to show the world how they voted, not punishing them for doing so. FIRE’s suit aims to ensure North Carolina can punish ballot selfies no more.
