distribution of campaign materials within 100 feet of the entrance
to
a
polling
place."
distinguishable.
Id.
at
193.
Burson
is
obviously
The discussion in Burson of the long history of
regulating polling places and the location of elections makes clear
that the interest at stake in Burson centered on the protection of
physical election spaces from interference and coercion.
at
200–10.
The
plurality
acknowledged
in
Burson
See id.
that
two
competing interests had to be balanced: the right to speak on
political issues and the right to be free from coercion or fraud
at the polling place.
Id. at 211.
The intrusion on the voters' First Amendment rights is
much greater here than that involved in Burson.
Section 659:35, I
does not secure the immediate physical site of elections, but
instead controls the use of imagery of marked ballots, regardless
of where, when, and how that imagery is publicized.
But even accepting the possibility that ballot selfies
will make vote buying and voter coercion easier by providing proof
of how the voter actually voted, the statute still fails for lack
of narrow tailoring.
"[B]y demanding a close fit between ends and
means, the tailoring requirement [under intermediate scrutiny]
prevents the government from too readily 'sacrific[ing] speech for
efficiency.'"
McCullen, 134 S. Ct. at 2534 (third alteration in
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