I broke the law and took a picture of my NC ballot. On purpose. | Opinion

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In March, I broke a law. On purpose. I even told the authorities myself. I’ve done it before, and in November, I’m going to do it again.

I took a picture of my ballot before I stepped out of the voting booth during the primaries six months ago. It was my ballot, with my votes, in the privacy of the voting station. Then, I posted the picture on social media to share my enthusiasm for the Libertarian candidates I voted for. In the short time I voted and took a quick photo with my ballot, I never communicated with, let alone interfered with, another voter.

Shockingly, this is illegal in North Carolina and 13 other states. And that’s why I did it: To protest the ban on ballot photography because it violates my First Amendment rights.

I’ve been asked why I go through the trouble. Why can’t I just be content to wear an “I voted” sticker? Well for starters, I hate those things. They symbolize to me the shallowness of American political discourse. A ballot selfie is so much more powerful. I believe that democracy is strengthened by participation and open, public discourse. I believe photography — and especially “selfies” that capture you participating directly in political action — are an especially powerful form of political expression.

Voting is the basic unit of democracy. Sharing, persuading, and discussing your political choices with others amplifies your vote. I believe it’s a more effective way to change policy and culture.

The North Carolina Board of Elections doesn’t agree. The Board threatened me with fines or jail, possibly both, if I refused to remove the image I posted online. Well, I did refuse.

Now, with the help of First Amendment legal group the Foundation for Individual Rights and Expression, or FIRE, I am suing to protect my right to the free expression of my political preferences. On Oct. 7, a federal judge in the Eastern District of North Carolina will hear our motion to block state officials from enforcing this unconstitutional law when I vote on Election Day.

The reason given for this law is to prevent vote buying. But criminalizing speech just because it can sometimes be associated with a crime is contrary, not only to the First Amendment, but to general principles of justice.

All I did was express my political beliefs by taking a picture of my own ballot. Rather than opt for a healthy presumption of privacy at the ballot box, states that ban ballot photos demand secrecy — which is decidedly unhealthy for an open democracy.

As Henry David Thoreau wrote in Civil Disobedience, unjust laws exist, and we have a choice in how to deal with them. We can obey them, we can obey them while we try to amend them, or we can defy them.

I’ve chosen disobedience. It’s the most effective way to ensure that this healthy form of political expression is allowed in North Carolina in the future, for all of its citizens.

I’m not going to let the state scare me by threatening prosecution but for many people — like wage laborers who can’t afford to lose a day of work for a court appearance, those with small children who can’t afford to risk fines or jail time, or those whose employers may not support the exercise of rights over laws — that threat will be chilling. Bad laws are bad, but they’re particularly egregious when they disproportionately burden vulnerable people.

We should encourage rather than discourage people from sharing their voting choices. We have to push back against laws that violate our expressive rights. Those of us who can take the heat have to be the first to stand up and speak out. That’s why I’m going to keep breaking this unjust law until it’s not a law anymore, no matter who tries to stop me.

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