Id.
§
659:35,
I
(revisions
underlined).
The
violation of the statute is a fine of up to $1,000.
penalty
for
a
Id. § 659:35,
IV; id. § 651:2, IV(a).
The original version of HB366, the bill amending section
659:35, I, provided that "[n]o voter shall take a photograph or a
digital image of his or her marked ballot," and was introduced by
State
Representative
Timothy
Horrigan
on
January
3,
2013.
Horrigan stated that "[t]he main reason this bill is necessary is
to prevent situations where a voter could be coerced into posting
proof that he or she voted a particular way."
The bill started
at the House Committee on Election Law, which recommended its
passage, and the members of which expressed rationales for the
bill similar to Horrigan's.
The bill then went to the House Committee on Criminal
Justice and Public Safety.
Deputy Secretary of State David
Scanlan spoke in support of the bill, emphasizing the need to
prevent vote buying and to protect the "privacy of [the] ballot."
Though a majority of the members of the Criminal Justice Committee
supported the bill, a minority disagreed and filed a report
concluding that the bill was "an intrusion on free speech."
In
order to restrict the bill's scope to activity connected to vote
buying, the minority suggested amending the bill as follows:
This prohibition shall include taking a digital image or
photograph of his or her marked ballot and distributing
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