Libertarian voter Susan Hogarth is challenging North Carolina’s ban on ballot selfies in federal court, arguing that it violates her constitutional rights. Hogarth is requesting a US District Judge to issue an injunction blocking the ban. Her lawyers argue that ballot selfies are a form of political expression protected under the First Amendment and that North Carolina has not provided evidence of harm to support the ban.
Hogarth, who is running for state Senate District 13, faces opposition from Democratic Senator Lisa Grafstein and Republican candidate Scott Lassiter. State and local elections officials, along with Wake County District Attorney Lorrin Freeman, are being sued by Hogarth. Freeman has declared she will not prosecute Hogarth for taking ballot selfies. However, state lawyers and the State Board of Elections have objected to Hogarth’s request for an injunction, stating that the ban is necessary to protect voter privacy and prevent voter intimidation.
The Foundation for Individual Rights and Expression (FIRE) is assisting Hogarth in her legal challenge. Ballot selfies are illegal in 14 states, including North Carolina, and can result in a misdemeanor charge. Despite the legal implications, one in 10 American adults have reportedly taken a ballot selfie at some point. The lawsuit aims to have ballot selfies recognized as protected expression under the First Amendment. Hogarth has shared a ballot selfie on social media in the past and plans to do so again in the upcoming election.
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Photo credit www.carolinajournal.com
