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 - 17 -

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