Federal judge: ballot selfies legal

On August 11 a federal judge ruled that New Hampshire voters have a right to post images of their ballots on social media.

The case focused on a 2014 New Hampshire 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.

U.S. District Court Judge Paul Barbadoro agreed. 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.

Vote buying remains illegal under a long-standing New Hampshire statute.

The state Attorney General will review the case and decide whether or not to appeal to a higher federal court.