(prohibiting
voter
coercion
or
intimidation);
id.
§ 10307(c)
(prohibiting "pay[ing] or offer[ing] to pay or accept[ing] payment
either for registration to vote or for voting" in some federal
elections); N.H. Rev. Stat. Ann. § 659:40, I (prohibiting voterelated bribery); id. § 659:40, II (prohibiting voter coercion or
intimidation); id. § 659:37 (prohibiting interfering with voters).
New Hampshire suggests that it has no criminal statute preventing
a voter from selling votes.
That can be easily remedied without
the far reach of this statute.
the
buying
or
selling
The State may outlaw coercion or
of
votes
district
court
without
the
need
for
this
are
less
prohibition.8
As
the
observed,
there
restrictive alternatives available:
[T]he state has an obviously less restrictive way to
address any concern that images of completed ballots
will be used to facilitate vote buying and voter
coercion: it can simply make it unlawful to use an image
of a completed ballot in connection with vote buying and
voter coercion schemes.
Rideout, 123 F. Supp. 3d at 235; see also McCullen, 134 S. Ct. at
2539
("[T]he
Commonwealth
has
available
to
it
a
variety
of
approaches that appear capable of serving its interests, without
excluding individuals from areas historically open for speech and
debate.").
Indeed, as to narrow tailoring, the plaintiffs point
8
Of course, another solution to New Hampshire's dilemma
of not having a statute that criminalizes vote selling would be to
enact such a statute.
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