North Carolina Threatened To Prosecute Her for Taking a 'Ballot Selfie.' Now, She's Suing.

Susan Hogarth posted a photo of her primary ballot. In North Carolina, that's against the law.

There's a pretty good chance you've taken a "ballot selfie"—a picture of or with your completed ballot. Around one in 10 Americans say they have, and pictures of filled-in ballots are common on social media during election season. However, taking a picture of your ballot is a crime in 14 states, leading to possible fines and jail time.

A North Carolina woman is challenging her state's ban on ballot selfies, arguing that she has a First Amendment right to take a picture of her own ballot—and to post it online. 

"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 Jeff Zeman, an attorney for the Foundation for Individual Rights and Expression (FIRE), the First Amendment group that filed the suit. "That's core political speech protected by the First Amendment."

According to the lawsuit, North Carolina resident Susan Hogarth took a photo this March with her completed primary ballot. She posted the photo to X, with the caption: "Laws against #ballotselfie are bullshit."

Just a week after the primary election, Hogarth received a letter from the North Carolina State Board of Elections threatening prosecution for her post, demanding that she take down the post or face legal action. As of the filing of the suit, Hogarth's post had received less than 3,000 views—hardly a viral post. Hogarth has refused to take down the post and says that she will continue to take ballot selfies.

"Between March 2016 and March 2024, the State Board investigated at least 50 reports of voters photographing completed ballots from primary and general elections," reads FIRE's suit. "During election cycles from November 2018 through March 2024, officials from at least eight different North Carolina county boards sent reports of voters photographing completed ballots to the State Board."

The lawsuit argues that these investigations—and the multiple North Carolina laws justifying them—obviously violate the First Amendment.

"North Carolina's five statutory provisions banning ballot selfies deprive Hogarth and other voters of their constitutional right to express their core political beliefs through taking and sharing ballot selfies," reads the lawsuit, adding that these laws "place Hogarth and other voters in immediate risk of criminal prosecution when they engage in First Amendment–protected expression by taking and sharing ballot selfies."

"It would have been easier to just take the post down," Hogarth said in a Thursday press release. "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."