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220 William E. Christie, Shaheen & Gordon, Gilíes R. Bissonnette, American Civil Lib-

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Rideout v. Gardner

Judgment

Question Presented: Whether a prohibition of a photograph of a completed ballot violates the First Amendment?

Alleged Acts: In the state of New Hampshire, voters were prohibited from taking and/or disclosing photographs of completed ballots. Voters brought this action against the Secretary of State arguing that the provision violated their First Amendment Rights. The voters sought an injunction barring enforcement of the statute.

Procedural history: The parties filed cross motions for summary judgment and waived trial because the materials facts of the case were not in dispute.

Summary: The court determined that the law restricting photography of completed ballots was a content-based restriction on speech, but failed to meet the First Amendment’s strict scrutiny test because it did not serve a compelling state interest or restrict itself to a narrow tailoring. Further, the court determined that there was no real showing, other than speculation, that the law prohibited the influence of cash and conflict.

Conclusion: The court determined that the statute was overly broad and there were less restrictive means to discourage vote buying or voter coercion.

Legal Issue(s)

Social Media
Technology

Applicable Law(s): N.H.Rev.Stat. Ann. § 659:35, I (Supp.2014)

Region: Americas

Country: United States of America

Language of Decision

English

Court: Supreme Court

Election Type: Review of law

Date of decision: Aug 11, 2015

Geolocation

Latitude: 43.195371281725244

Longitude: -71.5519524897288

: Geolocation

Primary Documents

Rideout v. Gardner.pdf
English
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