[EL] why Judge Barbardoro was right to strike down New Hampshire's "selfie" law

[Richard Winger]

I don't agree with Rick Hasen's Reuters piece, criticizing U.S. District Court Judge Paul Barbadoro for striking down the new New Hampshire law that makes it illegal for any voter to photograph his or her voted ballot and show the picture to any other person.
A large proportion of voting now occurs at home, via postally mailed ballots.  It is unrealistic to impose a ban on taking a picture in one's own home and showing it to any person; it is impossible to enforce such a law.
Furthermore, a voter who is being bribed is free (especially while at the polls) to photograph the ballot inside the booth, then emerge to say he or she has spoiled the ballot and request a new one.  Then the new ballot could be voted differently.  I have been a polling place official for 50 years and I know that no record is kept of which voters spoil a ballot and request a new one.
I doubt that any other state has a law like the New Hampshire law.  Judge Barbardoro gave the state every opportunity to present evidence, and I presume if any other state had a law like New Hampshire's, the state would have mentioned that, but it didn't mention that any other state has a similar law. Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147
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