223
fined in RSA 640:3.5
Id. at 000097 (emphasis added to denote
minority’s suggestions). Such an amendment, they argued, would make it illegal
only to post a photo for financial gain or to
avoid harm. Id. at 000083. They noted
that this was the original intent of the bill
according to. the Secretary of State. Id.
Nevertheless, the amendment was not supported by the majority, of the Criminal
Justice Committee and accordingly was
not added to the bill that was presented to
the House of Representatives.
Id. at
000076,000078.
The bill, as amended by the Election
Committee and the majority of the Criminal Justice Committee, passed the full
House by a veto-proof 198-96 majority.
See Legislative History , at 000063. On
April 9, 2014, the Senate Public and -Municipal Affairs Committee held a hearing,
at which Representatives Horrigan and
Till and Deputy Secretary Scanlan testified in support of the bill. Representative
Horrigan stated that the practice of pósting images of ballots on social media accounts “compromises the security of the
polling place and the secrecy of the ballot.”’
Id. at 000063. He also cautioned that
“[t]he new high-tech methods of showing a
ballot absolutely could be used to further a
serious vote-buying scheme,” Id. Similarly, Representative Till explained that ‘.‘the
seemingly innocent bragging about how
one voted by posting a photo of one’s
completed ballot on Facebook, could undermine efforts to [ejnsure that no one is
coerced into voting a,particular way.” Id.
at 000064. On April 17, 2014, the Senate
Committee on Public and. Municipal Affairs
else, the primary significance of which is economic gain; it does not include economic
advantage applicable to the public generally,
such as tax reduction or .increased prosperity
generally."
Ann. § 640:2,
N.H.Rev.Stat.
11(c).
recommended that the bill “ought to pass,”
and the Senate then passed the bill. Id. at
000067. On June 11, 2014, Governor Maggie, Hassan signed the bill into law, effective September 1,2014.
The new law’s legislative history reveals
that its opponents were concerned that the
proposed law would infringe freedom of
speech. In response* Representative Horrigan stated:
The bill’s opponents'framed this as a
free speech issue, but political speech is
in fact prohibited at the polling place.
You absolutely have the right to engage
in- as much free speech as you want to
beyond the boundary marked by the
“No Electioneering” signs.- However,
the space inside that boundary is a secure space where the debate stops and
the secret balloting begins.
Legislative History at 000063. Representative Till also addressed the opponents’
concern, stating:
[E]very voter is free 'to tell as many
people as'they desire, in whatever forum
they choose, how they voted. What is
not allowed is to show one’s completed
ballot since, once cast, the ballot is the
property of the state and in order to
protect the secrecy of the “ballot cannot
be publicly identified with a particular
voter.
Mat 000064.
Vote Buying and Voter Coercion
Secretary of State William Gardner, the
defendant in this action, defends the new
law on the grounds that it is needed to
prevent vote buying and voter coercion.
B.
5.
Section 640:3, II of the New Hampshire
"
Revised Statutes provides:
'Harm' means
any disadvantage or injury, to person or property or pecuniary interest, including disadvantage or injury to any other person or entity in
whose welfare the public servant, party official, or voter is interested_"
N.H.Rev.Stat.
Ann. § 640:3, II.