In order to survive intermediate scrutiny, section 659:35, I must be "narrowly tailored to serve a significant governmental interest." McCullen, 134 S. Ct. at 2534 (quoting Ward, 491 U.S. at 796). Though content-neutral laws "'need not be the least restrictive or least intrusive means of' serving the government's interests," id. at 2535 (quoting Ward, 491 U.S. at 798), "the government still 'may not regulate expression in such a manner that a substantial portion of the burden on speech does not serve to advance its goals,'" id. (quoting Ward, 491 U.S. at 799). The statute fails this standard. Secretary Gardner essentially concedes that section 659:35, I does not respond to a present "'actual problem' in need of solving." Brown v. Entm't Merchs. Ass'n, 564 U.S. 786, 799 (2011) (quoting United States v. Playboy Entm't Grp., Inc., 529 U.S. 803, 822 (2000)). Instead, he argues that the statute serves prophylactically to "preserve the secrecy of the ballot" from potential future vote buying and voter coercion, because ballot selfies make it easier for voters to prove how they voted. He characterizes the amendment in section 659:35, I as a natural update of the older version of the statute, done in response to the development of "modern technology, such as digital photography v. Stevens, 559 U.S. 460, 473 (2010). - 14 -