The incident occurred in October 2024, after Susan Hogarth posted a selfie on social media showing her holding up her ballot while voting in the Libertarian Party primary election. This happened despite polling station staff previously asking her to stop taking photos and delete them.

The state board of elections contacted her, demanding she remove the post or face prosecution. Under state law, this is a type one misdemeanor, carrying a maximum sentence of 120 days in jail and a fine.

Susan Hogarth faces legal trouble for posting a selfie with her cast ballot on social media. *Photo: Carolina Journal*

Susan Hogarth did not comply. Instead, she filed a lawsuit against the state, arguing that the ban on photographing ballots violated the First Amendment, which protects five fundamental freedoms, including freedom of speech.

In her lawsuit, she stated that taking a ballot selfie was intended to encourage civic participation. She wanted to show voters they could openly support candidates and that she was proud to vote.

Conversely, representatives from the state board of elections argued that the decades-old laws aim to prevent vote buying, voter intimidation, and distractions at polling places, while also protecting the privacy of other voters.

On March 9, the lawsuit was dismissed by a federal judge, who disagreed that the First Amendment extends to the right to photograph a ballot.

In the ruling, the judge explained that polling places are non-public forums. The government is permitted to impose restrictions, provided they do not dictate how people vote.

Therefore, the photography ban aims to prevent voters from being paid to cast a vote or being coerced into voting for a specific faction or power, then having to photograph the ballot as proof for the party offering the inducement.

The judge deemed this regulation reasonable, stemming from the common interest of voters and the objectivity of the electoral process.

Following the ruling, Susan Hogarth's legal team announced they would appeal the case. "North Carolina voters should not have to fear prosecution simply for letting the world know who or what they voted for," her attorney stated.

Meanwhile, the North Carolina State Board of Elections maintained a firm stance, stating it would continue to investigate voters who violate this law and refer cases to prosecutors for action if deemed necessary.

North Carolina is one of 14 states that prohibit photographing "officially cast ballots" or voters without permission from election officials. Voters are not allowed to photograph their completed ballots, even if they vote at home.

The state also prohibits photographing voters inside polling rooms without the consent of election officials, including selfies. Only political candidates are exempt from this rule.

In Vietnam, the law stipulates that voters must vote in person and cannot ask others to vote on their behalf, except in specific cases such as illness, old age, or disability preventing them from writing.

If a voter cannot write their ballot, they may ask another person to write it for them, but they must cast the ballot themselves. The person assisting must ensure the secrecy of the voter's ballot.

When a voter marks their ballot, no one, including members of the Election Team, is permitted to observe.

Voters have the right to film and photograph outside the polling room while exercising their voting rights. However, this must be done in good faith, without affecting the normal operations of the Election Team, obstructing other voters, or violating polling room regulations.

Filming and photographing inside the polling room are only allowed with the consent of the head of the Election Team and must ensure the confidentiality of other voters' ballot information throughout the voting process.

According to the Law on Election of National Assembly Deputies and People's Council Deputies 2015 and Circular 21/2025/TT-BNV.

Hai Thu (Source: Courthouse News)