political speech, which "occupies the core of the protection afforded by the First Amendment," McIntyre, 514 U.S. at 346; see also Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir. 2011) (holding that there is a First Amendment interest in videotaping government officials performing their duties in public places). Ballot selfies have taken on a special communicative value: they both express support for a candidate and communicate that the voter has in fact given his or her vote to that candidate. Section 659:35, I reaches and prohibits innocent political speech by voters unconnected to the State's interest in avoiding vote buying or voter intimidation. examples show substantially plainly more that speech section than is government's legitimate interests." The plaintiffs' 659:35, necessary I to "burden[s] further the McCullen, 134 S. Ct. at 2535 (quoting Ward, 491 U.S. at 799); see also McIntyre, 514 U.S. at 351 (holding that, despite legitimate interest in reducing fraud, government could not impose "extremely broad anonymous leafleting about ballot measures). prohibition" on Indeed, several states have now expressly authorized ballot selfies, and those states have not reported an uptick in vote buying or voter intimidation.10 10 See A.B. 1494, 2015-16 Reg. Sess. (Cal. 2016) (enrolled Aug. 26, 2016) (amending statute to provide that "[a] voter may voluntarily disclose how he or she voted if that voluntary act does not violate any other law"); S.B. 1287, 52d Leg., 1st Reg. - 21 -

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