Election Law's statement of intent for the bill, provided the sole
anecdotal allegation of vote buying.
She asserted:
I was told by a Goffstown resident that he knew for a
fact that one of the major parties paid students from
St[.] Anselm's $50 to vote in the 2012 election.
I
don't know whether that is true or not, but I do know
that if I were going to pay someone to vote a particular
way, I would want proof that they actually voted that
way.
No evidence supported this hearsay allegation.
The district court
correctly held that "[t]he summary judgment record does not include
any evidence that either vote buying or voter coercion has occurred
in New Hampshire since the late 1800s."
Rideout, 123 F. Supp. 3d
at 224.
As of August 11, 2015, when the district court issued
the summary judgment order on appeal here, the New Hampshire
Attorney General's Office had undertaken investigations of four
individuals for alleged violations of section 659:35, I, arising
from their publication of "ballot selfies"2 after voting in the
September 9, 2014 Republican primary election.
2
Three of those
Amicus curiae Snapchat highlights the extent of the use
of "ballot selfies," defined not strictly as "a photo where the
photographer is also a subject," but rather as "all smartphone
pictures shared online, including those here . . . [and] any
picture that could violate the New Hampshire statute." As amici
curiae New England First Amendment Coalition and the Keene Sentinel
observe, "the term 'ballot selfie' has worked its way into the
popular lexicon to describe just such a photograph." See, e.g.,
David Mikkelson, Ballot Selfies, Snopes (Feb. 8, 2016),
http://www.snopes.com/dont-selfie-your-ballot.
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