A House bill is aiming to repeal a law that bans people from taking selfies with their ballots. The law was modified last year and prohibits voters from taking pictures of their ballots and sharing them online. Supporters of the law said sharing that information could influence other voters. But the New Hampshire Civil Liberties Union and a number of citizens are challenging it, saying it’s a violation of the First Amendment and freedom of speech. Attorney Dan Hynes testified in favor of the bill Tuesday and brought along a photo he took with the ballot he cast in the last election. “I would like the attorney general to prosecute me so I can contest this law in court and hopefully go up to the New Hampshire Supreme Court,” Hynes said. “This law is unconstitutional.”
The law has been on the books for some time but was updated last year to take social media into account. “I think that does compromise the secrecy and integrity of the ballot, and I believe it compromises it regardless of how long you wait until you post the pictures,” said Rep. Timothy Horrigan, D-Durham.
The bill discussed at the House Election Law Committee on Tuesday would make posting ballot selfies online legal, as long as the ballot has already been turned in.
Anyone who posts a picture first would face a fine that would be cut from $1,000 to $10.