222
659:35 “Showing or Specially Marking a
Ballot.”
Id. at 000142. He also stated, “The main
reason' this bill is necessary is to prevent
situations where a voter could be coerced
into posting proof that he or she voted a
particular way.” Id.
The bill first went to the House Committee on Election Law (the “Election Committee”), which recommended its passage
with only a slight organizational change
and the requirement that ‘posters be
placed in polling places informing voters of
the new law. See Legislative History at
000110, 000114. Members of the Election
Committee noted that “showing your ballot
on social media could cause und[ue] influence from employers or parents” and that
the bill “protects privacy of voterfs] and
stops coercion.” Id. at 000130. Representative Mary Till wrote the statement of
intent for the Election Committee, noting,
“RSA 659:35 was put in place to protect
voters from being intimidated or coerced
into proving they voted a particular way
by showing their completed ballot or an
image of their completed ballot.” Id. at
000114.
The bill was then referred to the House
Committee on Criminal Justice and Public
Safety (the “Criminal Justice Committee”),
a majority of which recommended approval
of the bill with the penalty reduced from a
misdemeanor to a violation. See Legislative History at 000076, 000078. Notes
from the Criminal Justice Committee’s
hearing indicate that some committee
members were concerned with whether the
bill and its penalties were necessary. See
id. at. 000099-000100. Representative
Horrigan defended the law during the
hearing, explaining that it “tightens up”
existing law governing election fraud. Id.
at 000099. Deputy Secretary of State
David Scanlan also spoke in support of the
bill, providing a “history of voting irregularities, including votes being bought,”3
Id. at 000100. When asked whether the
bill was necessary, Deputy Secretary Scanlan responded that the “privacy of [the]
ballot must be preserved.” Id. Ultimately,
a majority of the Criminal Justice Committee recommended passing the bill so long
as the penalty was decreased to a violation.
Id. at 000076, 000078.
A minority of the Criminal Justice Committee, however, filed a report concluding
that it would be “inexpedient to legislate”
the bill. See Legislative History at
000083. The minority wrote:
Although the Minority agrees that the
Criminal Justice Committee acted wisely
in reducing the penalty from a misdemeanor to a violation, we believe this
remains a very bad bill.... [I]t is not
needed because we already have laws
which prohibit people from selling their
votes, for financial gain, and that was the
only reason supporters gave for passing
the bill_[T]his
bill as drafted is overly broad. As such, it represents an
intrusion on free speech. It fights a bogey man, which does not exist, at the
expense of yielding even more of our
freedoms.
Id. The minority suggested further amendment of the final sentence of paragraph I
as follows:
This prohibition shall include taking a
digital image or photograph of his or her
marked ballot and distributing or sharing the image via social media or by,any
other means only if the distribution or
sharing is for the purpose of receiving
pecuniary beneftt, as defined in RSA
640:2, 11(c),4 or avoiding harm, as de-
3.- The legislative history does not further describe Deputy Secretary Scanlan’s testimony
on thispoint.
4. Section 640:2, 11(c) of the New Hampshire
Revised Statutes provides: " 'Pecuniary benefit’ means any advantage in the form of money, property, commercial interest or anything