No Longer Illegal in NH
In a 42-page decision, the US District Court for New Hampshire has ruled in favor of protestors including Free State Project early mover and attorney Brandon Ross who violated the state’s “ballot selfie” prohibition and were investigated and threatened by the Attorney General’s office. In 2014, Ross had taken a picture of his ballot and posted it to his facebook accompanied by the words “come at me bro”. They did, and now Ross and his co-plaintiffs state representative Leon Rideout, and Andrew Langlois are victorious in their case thanks to the NH ACLU, as the law has been overturned as unconstitutional!
The defendant in the case, representing the state, was secretary of state Bill Gardener who argued that free speech (photos of ballots) should be curtailed because voters will be either induced to sell their votes or subjected to coercion if they are permitted to disclose images of their ballots to others. Judge Paul Barbadoro denied there was any evidence those speculative objections would be the case, and even if there were evidence, that’s not reason enough to restrict free speech.
State Rep Tim Horrigan, Snitch
The case reveals on page 18, that it was Timothy Horrigan, an anti-freedom state rep (rated as a “Constitutional Threat” in 2015 by the NH Liberty Alliance) that both introduced the bill banning ballot selfies AND snitched to the Attorney General’s office about Ross’ facebook post. Ross, in an exclusive interview for Free Keene said Horrigan’s behavior, “shows that lawmakers will absolutely use their laws they’ve just made to try to censor people”.
Ross also said he was surprised the state actually moved against him, saying, “I gave them too much credit, thinking they would never try to enforce that clearly unconstitutional law. Joke’s on me. But, a little healthy defiance can be a good thing now and again too.”
