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But first, let me take a ballot selfie: Free speech debate rises from NH court decision

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Should you be allowed to take a picture with your ballot?

Up until recently the practice has been banned thanks to laws protecting voter secrecy, but those laws were written at a time when smartphones didn’t exist.

A recent decision from a federal court in New Hampshire struck down the state’s ban on ‘ballot selfies,’ photos of people posing with their ballots in voting booths, and created a new discussion over whether showing marked ballots is a form of free speech protected by the 1st Amendment.

Those who support the ruling say that taking a photo with one’s ballot is a Constitutionally-protected form of political expression. Opponents say the ruling could open up a new wave of vote buying and voter coercion.

Do you agree with the New Hampshire court’s ruling? Should ballot selfies be protected by the Constitution?

Leon H. Rideout, Andrew Langlois and Brandon D. Ross v. William M. Gardner, New Hampshire Secretary of State



Michael P. McDonald, associate professor of political science at the University of Florida and a non-resident senior fellow at the Brookings Institution. He is also director of The Election Project, an online resource for information and statistics on the U.S. electoral system.

Rick Hasen, chancellor’s professor of law and political science at the University of California, Irvine. He also writes the Election Law Blog