Current:Home > NewsShe took a ‘ballot selfie.’ Now she’s suing North Carolina elections board for laws that ban it-InfoLens
She took a ‘ballot selfie.’ Now she’s suing North Carolina elections board for laws that ban it
View Date:2024-12-23 18:11:21
RALEIGH, N.C. (AP) — A woman is suing the North Carolina elections board over state laws that ban most photography in polling places after she took a selfie with her ballot in March.
The lawsuit was filed in the U.S. Eastern District Court of North Carolina by Susan Hogarth.
The lawsuit centers around a letter Hogarth said she received from the North Carolina State Board of Elections asking her to remove a post on X that included a selfie she took with her completed ballot during the March primary election.
She says the letter and the laws underpinning it are unconstitutional. She is suing the Board of Elections and the Wake County Board of Elections.
Hogarth, a Wake County resident, took a “ballot selfie” in her voting booth on March 5, the lawsuit said. She then posted her selfie on X, endorsing presidential and gubernatorial candidates for the Libertarian Party — something she does to “challenge the narrative that voters can only vote for major party candidates,” according to the lawsuit.
The suit says Hogarth received a letter two weeks later from a state Board of Elections investigator asking her to take down the post, or she could face a misdemeanor charge. Hogarth refused.
“It would have been easier to just take the post down,” Hogarth said in a statement. “But in a free society, you should be able to show the world how you voted without fear of punishment.”
Photography and videography of voters in a polling place is mostly illegal in North Carolina unless permission is granted by a “chief judge of the precinct.” Photographing completed ballots is also prohibited under state law.
One reason for outlawing ballot photos, the state elections board says, is to prevent them from being used “as proof of a vote for a candidate in a vote-buying scheme.”
The North Carolina State Board of Elections declined to comment on the litigation. The Wake County Board of Elections did not immediately respond to a request for comment.
Most states have passed laws permitting ballot selfies and other photography, according to the National Conference of State Legislatures.
Some states, such as Arizona, ban photos from being taken within a certain radius of a polling place. Other states, such as Indiana, have seen ballot photography laws struck down by federal judges because they were found unconstitutional.
Now, Hogarth and the Foundation for Individual Rights and Expression are trying to do the same in North Carolina.
FIRE contends North Carolina’s ballot photography laws violate the First Amendment. The complaint adds that the state would need to demonstrate real concerns of vote-buying schemes that outweigh the right to protected speech.
“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 at FIRE. “That’s core political speech protected by the First Amendment.”
The plaintiff’s goal is to stop enforcement of the law before the November general election, in part because Hogarth is a Libertarian Party candidate running for a state legislative seat and she plans to take another selfie to promote herself, according to the lawsuit.
veryGood! (694)
Related
- Fantasy football buy low, sell high: 10 trade targets for Week 11
- March Madness Sweet 16 dates, times, TV info for 2024 NCAA Tournament
- Princess Diana’s Brother Charles Spencer Responds to Kate Middleton's Cancer News
- March Madness expert predictions: Our picks for today's men's Round 2 games
- Mississippi woman pleads guilty to stealing Social Security funds
- Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Primetime
- Wyoming governor vetoes bill to allow concealed carry in public schools and meetings
- These Headphone Deals From Amazon's Big Spring Sale will be Music to Your Ears
- A $1 billion proposal is the latest plan to refurbish and save the iconic Houston Astrodome
- Mega Millions jackpot rises to $1.1 billion after another drawing without a winner
Ranking
- Man accused of killing American tourist in Budapest, putting her body in suitcase: Police
- Experience Unbeatable Convenience and Save 30% on the Hanging Cosmetics Bag Shoppers Can’t Get Enough Of
- Wyoming governor vetoes abortion restrictions, signs transgender medical care ban for minors
- Can ChatGPT do my taxes? Chatbots won't replace human expertise any time soon
- When do new episodes of 'Cobra Kai' Season 6 come out? Release date, cast, where to watch
- April 2024 total solar eclipse guide: How to watch, understand and stay safe on April 8
- Princess Kate, King Charles have cancer: A timeline of the royal family's biggest moments
- These 10 Amazon Deals Are All Under $10 and Have Thousands of 5-Star Reviews From Happy Shoppers
Recommendation
-
Suicides in the US military increased in 2023, continuing a long-term trend
-
How true is the movie on Shirley Chisholm, the first Black woman elected to Congress?
-
Arizona expects to be back at the center of election attacks. Its top officials are going on offense
-
Sunday NIT schedule: No. 1 seeds Indiana State, Wake Forest headline 5-game slate
-
Celtics' Jaylen Brown calls Bucks' Giannis Antetokounmpo a 'child' over fake handshake
-
Biden lauds them. Trump wants to restrict them. How driving an electric car got political
-
Mega Millions jackpot soars $1.1 billion. This one number hasn't won for months in lottery
-
March Madness winners and losers from Saturday: Kansas exits early, NC State keeps winning