North Carolina Ballot Photography Ban Challenge

Lawsuit filed by a Libertarian voter against five members of the North Carolina State Board of Elections, four members of the Wake County Board of Elections, Wake County District Attorney Lorrin Freeman (D) and North Carolina Attorney General Josh Stein (D) challenging North Carolina’s law banning photographs in polling places. North Carolina’s ballot photography provisions ban voters from taking or sharing photos that contain an image of a completed ballot. The law also includes a provision banning photographs of voters in polling places without the permission of an election official. The plaintiff alleges that she received a letter from the North Carolina State Board of Elections dated one week after the March 2024 primary election threatening criminal prosecution for taking and posting a photo of herself and her ballot at her polling place. The plaintiff argues North Carolina’s ballot photography provisions violate the First Amendment and asks the court to block the law’s enforcement for anyone who takes or shares a photo of themselves and their ballot. 

STATUS: Parties agreed to a limited injunction on North Carolina’s ballot photography ban. The Wake County district attorney will not prosecute the voter on any charges related to this case while litigation is ongoing. Three additional motions are in progress in the trial court.

Last updated: November 25, 2024 11:53 am EST