Ballot selfie ban bill in limbo

In 2014, the New Hampshire Legislature passed a law that prohibited taking photos of a completed ballot and sharing them on social media. Supporters of the ban included Secretary of State William Gardner, who argued that the practice could lead to vote buying or fuel voter intimidation.

The American Civil Liberties Union challenged the law in federal court, where it was declared an unconstitutional violation of free speech in 2015.

The state of New Hampshire asked the U.S. Supreme Court to consider hearing an appeal. This week, that bid was denied, which means the earlier ruling stands.

However, the ballot selfie ban is still on New Hampshire’s books.

A bill submitted earlier this session, HB 249, would have eliminated the ban, bringing state law into line with the federal court ruling. However, in February the House Election Law Committee voted to retain the bill, waiting for the outcome of the appeal to the Supreme Court.

Supporters of HB 249 point out that the law is currently unenforceable, and now that the Supreme Court has declined to hear the case, argue that it should be repealed to bring state law into line with the earlier rulings. They also consider the ban to be a violation of free speech rights.

Opponents, however, could point to cases in other states that potentially uphold bans against ballot photographs, such as a recent ruling by the U.S. Court of Appeals in Cincinnati in favor of Michigan’s state law banning ballot selfies. They favor keeping the ban in place to give lawmakers time to consider changes or amendments that might pass constitutional muster.

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