Election talk is cheap, but ballot selfies are worth a thousand (First Amendment-protected) words 

When it comes to politics, people say talk is cheap. But your vote is as valuable as it gets. 

It’s no wonder that “ballot selfies” — pictures of a voter posing with their completed ballots — have become so popular. Millions of Americans have taken ballot selfies and shared them on social media to show their family, friends, and neighbors exactly how they voted and much more. After all, a picture is worth a thousand words. 

Take Raleigh native Susan Hogarth, who took a ballot selfie during the primary election in March. With a single picture posted to social media, Susan expressed her pride in participating in the electoral process, invited others to consider voting for third-party candidates, and encouraged voters to get out the vote. All of those messages are political speech protected by the First Amendment.

But in North Carolina, taking ballot selfies is a crime. Shortly after Susan’s social media post, the North Carolina State Board of Elections accused her of violating the law and threatened to prosecute her if she did not take down her post. Knowing her constitutional rights, Susan bravely refused to censor her social media and is instead taking North Carolina to court.

If the court follows the majority of other courts that have ruled on ballot selfie bans, Susan will win. Four federal district courts, two state courts, and the U.S. Court of Appeals for the First Circuit have already struck down ballot selfie bans in six other states. 

So far, every court that has considered the issue has ruled that taking and sharing a ballot selfie is First Amendment-protected expressive activity. When states argued that they needed the bans because these selfies could be used to further “vote buying” schemes, the courts weren’t buying it. In fact, no state has offered even a single example of someone taking and sharing a ballot selfie for the purpose of committing a crime. North Carolina too is unlikely to show any connection between ballot selfies and vote buying.

Today, North Carolina is one of just 14 states that outlaws ballot photography. And momentum is building to get rid of these antiquated laws that do not reflect the importance and high value of political speech on social media. In the past decade, 15 other states (representing more than 50 million voters in the 2020 election) either passed laws permitting ballot selfies or had their bans struck down in court. But there is no evidence this has led to an increase in vote-buying schemes.

Even if these schemes exist, state and federal laws against vote buying and selling are already on the books, including in North Carolina. There is no need to ban this category of political speech — turning patriotic and engaged voters into criminals — when the state can target actual fraud instead.

The Constitution protects Susan’s right to vote and her right to show others how she voted. FIRE will continue to fight for Susan’s right to take and share ballot selfies and to protect the millions of voters who are proud to show the world that they actually voted for the people and policies they care about.

Ballot Selfie Laws in the United States