Oct 30, 2024
RALEIGH, N.C. (WNCN) — Although illegal under North Carolina law, a Wake County woman won't get in trouble for her latest ballot selfie as her lawsuit proceeds in court. Susan Hogarth is suing the election boards in Wake County and North Carolina over a state law that makes it a misdemeanor to take a photo of a completed ballot. North Carolina woman finds couple after mail-in ballots found on the ground After the North Carolina State Board of Elections sent Hogarth a letter asking her to take down a ballot selfie she posted during the March primary, her attorneys filed the lawsuit in August. In court this month, Jeff Zeman, Hogarth's attorney with the Foundation for Individual Rights and Expression, secured a court order stopping Hogarth from being charged for ballot selfies while the case progresses. Hogarth posted a photo with her general ballot while early voting over the weekend. "This case continues to go on," Zeman said. "Susan was able to take her ballot selfie without fear of prosecution while it's happening." Susan Hogarth, the Wake County woman suing to take pictures of her ballots, displays her completed ballot for the 2024 general election. Zeman hopes to overturn the law, arguing it is unconstitutional and the photos are protected speech. He also noted other states allow it. "[The photos] are core political speech, showing uniquely how you voted, who you voted for," Zeman said. "The government cannot warn people not to take them and certainly cannot prosecute them for taking them or sharing them." The state Board of Election said the law exists in part because the photo could be proof of a vote for a candidate in a vote-buying scheme. Zeman said he does not know when there will be a final ruling on the case, but it could take weeks or months.
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