Court: Law banning people's ballot photos unconstitutional

[Judi Lynn]

Source: Associated Press

Court: Law banning people's ballot photos unconstitutional

Holly Ramer, Associated Press

Updated 4:42 pm, Wednesday, September 28, 2016

CONCORD, N.H. (AP) — A state law that prohibits voters from posting photos of their ballots online suppresses a large swath of political speech and is unconstitutional, a federal appeals court ruled on Wednesday.

The law, which took effect in September 2014, made posting a photo of a completed ballot a violation punishable by a fine of up to $1,000. It was struck down a year ago, but the state appealed to the 1st U.S. Circuit Court of Appeals in Boston, which heard arguments this month and issued a decision Wednesday upholding the earlier ruling.

Lawyers for New Hampshire contended the ban would prevent vote buying and voter coercion. They used a hypothetical example of a boss telling an employee to vote a certain way or face losing his job and then demanding a photo as proof.

. . .

"New Hampshire may not impose such a broad restriction on speech by banning ballot selfies in order to combat an unsubstantiated and hypothetical danger," the court wrote. "We repeat the old adage: 'a picture is worth a thousand words.'"

Read more: http://www.chron.com/news/us/article/Appeals-court-says-NH-ballot-photo-law-is-9388599.php

[ananda]

1. This is SO wrong it beggars belief!

I hope SCOTUS overturns this.

[viguy2016]

2. I agree with the law that was struck down

Remember the case in 2012 where a boss threatened to fire his employees if Obama won. What is to prevent a boss telling an employee to vote a certain way or face losing his job and then demanding a photo as proof. Why else would one take a photo of a ballot, except as proof of the way they voted.

[Gore1FL]

5. How does preventing the posting of the photo online stop that?

The law didn't say they couldn't take a picture.

[Nitram]

15. Exactly, Gore. No one would know if you took a photo and emailed it to your boss.

If you voted against your own interests to keep your job, you are certainly not going to post that photo online.

[DRoseDARs]

6. Existing law and anti-political discrimination protections?

Voter coercion is illegal as is discrimination based on politics. This law was rightly struck down as it is both an unconstitutional violation of the 1st Amendment and redundant if it weren't

[viguy2016]

10. Can a person be forced to post the way they voted on line.

This is what I am afraid of. Not necessarily by an employer. Social pressure of any type also

[cstanleytech]

8. Sorry but the law banning it needed to be struck down.

I agree that the whole employer thing is a risk but the law needs to be redone to simply make it a felony punishable by 10 to 20 years in jail to attempt to coerce any employee to provide any evidence of who they voted for.
That way if any asshole tries that stunt they will soon be in a nice cell.

[YOHABLO]

9. Does an employee have the financial resources to take on their boss who provides them with a check?

[cstanleytech]

12. Would not be up to the employee really rather that would be up to the DA

and all the employee would have to furnish to the DA would be some evidence that the employer requested evidence of who someone voted for.

[Gman]

3. Damn, my county commissioner uncle paid $5

In the 1940's and all somebody had to do is bring back something that said they voted. Not to keep their job, just GOTV. Ah, the good 'ol days.

[NutmegYankee]

4. I agree with this ruling.

If the state wants to ban employers from forcing their employees to vote a certain way, then ban that with a stiff penalty. Regulate business, not individual rights. It's asinine to punish the selfie generation.

[sinkingfeeling]

7. +100

[YOHABLO]

11. There is no way an individual employee can take on their employer without it being 'class action'

[Whiskeytide]

13. Make the civil penalty a stiff one...

... and employers won't do it - at least not more than once.

[cstanleytech]

14. You could easily have both civil and criminal penalties for the employers though

and if the employer is convicted either before a jury or accepts a plea deal it makes a civil case that much easier for the employee.