ballots, each of which was easily identifiable and distinguishable
from other ballots by size and color.
This practice allowed the
ballot-printing organizations to observe how individuals voted at
the polls, which in turn created an obviously coercive environment.
During this period, New Hampshire undertook a series of reforms to
combat widespread vote buying and voter intimidation.
In 1891,
the State passed legislation requiring the Secretary of State to
prepare ballots for state and federal elections.
ch. 49, § 10.
1891 N.H. Laws
The State then passed a statute to forbid any voter
from "allow[ing] his ballot to be seen by any person, with the
intention of letting it be known how he is about to vote."
1911
N.H. Laws ch. 102, § 2.
Since at least 1979, that provision has been codified in
relevant part at section 659:35, I, which, until 2014, read: "No
voter shall allow his ballot to be seen by any person with the
intention of letting it be known how he is about to vote except as
provided in RSA 659:20."
The exception in section 659:20 allows
voters who need assistance marking a ballot to receive such
assistance.
N.H. Rev. Stat. Ann. § 659:20.
In 2014, the New
Hampshire legislature revised section 659:35, I as follows:
No voter shall allow his or her ballot to be seen by any
person with the intention of letting it be known how he
or she is about to vote or how he or she has voted except
as provided in RSA 659:20.
This prohibition shall
include taking a digital image or photograph of his or
her marked ballot and distributing or sharing the image
via social media or by any other means.
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