Ballot selfies back in court

The Secretary of State is appealing the court ruling that struck down New Hampshire’s ban on ballot selfies.

In 2014 New Hampshire passed a law that created a $1,000 fine for posting a marked ballot on social media.

Supporters of the law – including Secretary of State Bill Gardner – argue that it protects the secret ballot system. A voter might take a photograph of a marked ballot to prove he or she voted a certain way, in return for compensation.

Opponents of the law sued the state, arguing that posting a ballot on social media is political speech protected by the First Amendment.

In August U.S. District Court Judge Paul Barbadoro agreed with those opponents. He also noted that “there have been no vote buying prosecutions and no complaints of vote buying in the state since at least 1976,” so there is not pressing need for the law.

The case now moves to the First Circuit Court of Appeals in Boston.