413 F.3d 110, 116 (1st Cir. 2005) (alteration in original) (quoting Fla. Bar v. Went For It, Inc., 515 U.S. 618, 628 (1995)).6 Secretary Gardner also highlights scattered examples of cases involving vote buying from other American jurisdictions. See United States v. Thomas, 510 F.3d 714, 717 (7th Cir. 2007); United States v. Shatley, 448 F.3d 264, 265–66 (4th Cir. 2006); United States v. Johnson, No. 5:11–CR–143, 2012 WL 3610254, at *1 (E.D. Ky. Aug. 21, 2012). But Secretary Gardner admits that "there is no evidence that digital photography [of a ballot shared with others by a voter] played a[ny] role in any of the examples" he cites. A few recent instances of vote buying in other states do not substantiate New Hampshire's asserted interest in targeting vote buying through banning the publication of ballot selfies. Secretary Gardner tries to anchor the state interest for section 659:35, I on Burson v. Freeman, 504 U.S. 191 (1992) (plurality opinion), which held that Tennessee had a compelling interest in banning "the solicitation of votes and the display or 6 Secretary Gardner does point to history abroad. He references the plebiscite held upon the German annexation of Austria in 1938, in which "Adolf Hitler instituted election rules that allowed voters to voluntarily show their ballot as they were voting." He also notes that Saddam Hussein employed ballots "contain[ing] a code number which he believed could be traced back to the voter." There is no evidence that these historical examples from dictatorships have any material relationship to the present political situation in the State of New Hampshire, a democracy. Indeed, the restrictions on speech imposed by this amendment are antithetical to democratic values and particularly impose on political speech. - 16 -