Free State Project Forum

Please login or register.

Login with username, password and session length
Pages: [1]   Go Down

Author Topic: NH Voting laws  (Read 4963 times)

lildog

  • ***
  • Offline Offline
  • Posts: 174
NH Voting laws
« on: September 09, 2014, 09:17:06 am »

I came across this article in a facebook thread discussing someone's act of taking a picture of a ballot (before they marked it) and through it would be of interest here..

http://gizmodo.com/5958065/is-it-illegal-to-instagram-your-vote

Quote
New Hampshire 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 voteā€”it's unclear whether it's ok to share after the vote has been cast.

Turns out this is RSA 659:35

Seems to me this is a bit foolish, not sure the reasoning behind this bill.  If I want to post a picture of my ballot on facebook proving I voted for who I said I did shouldn't I be free to do so?
Logged

MaineShark

  • FSP Participant
  • *****
  • Offline Offline
  • Posts: 5044
Re: NH Voting laws
« Reply #1 on: September 11, 2014, 07:41:34 am »

Of course you should be free to do so.

The theory behind the law, if I recall correctly, is to prevent the situation from arising where someone is pressured into doing so (and, more importantly, where whole groups of individuals might be so pressured).  For example, a union or church (or any other such group) might bring social pressure upon its members to reveal their ballots, and it might be very hard to prove such in court.  Since it's illegal to reveal the ballot (and obviously easy to prove if someone does so), that becomes a non-issue.

If someone who does not wish to reveal how he voted knows that he will be pressured to do so, he may vote how he believes the group wants him to vote, rather than voting his own conscience.  While that law is somewhat ridiculous in how it handles that problem, it's also important to note that the problem is quite real.
Logged
"An armed society is a polite society" - this does not mean that we are polite because we fear each other.

We are not civilized because we are armed; we are armed because we are civilized..

lildog

  • ***
  • Offline Offline
  • Posts: 174
Re: NH Voting laws
« Reply #2 on: September 15, 2014, 02:56:19 pm »

Of course you should be free to do so.

The theory behind the law, if I recall correctly, is to prevent the situation from arising where someone is pressured into doing so (and, more importantly, where whole groups of individuals might be so pressured).  For example, a union or church (or any other such group) might bring social pressure upon its members to reveal their ballots, and it might be very hard to prove such in court.  Since it's illegal to reveal the ballot (and obviously easy to prove if someone does so), that becomes a non-issue.

If someone who does not wish to reveal how he voted knows that he will be pressured to do so, he may vote how he believes the group wants him to vote, rather than voting his own conscience.  While that law is somewhat ridiculous in how it handles that problem, it's also important to note that the problem is quite real.

That makes sense then  I can see Unions or other thug type groups forcing people to prove they voted the "correct" way based on what that group wants.

If that's the case it would make sense for the law to be reworded that you cannot be forced into showing how you voted but you should have the freedom to do so if you choose freely on your own.
Logged

MaineShark

  • FSP Participant
  • *****
  • Offline Offline
  • Posts: 5044
Re: NH Voting laws
« Reply #3 on: September 15, 2014, 03:10:21 pm »

If that's the case it would make sense for the law to be reworded that you cannot be forced into showing how you voted but you should have the freedom to do so if you choose freely on your own.

Well, as I noted, the issue is that it's rather hard to prove that you were pressured.  Whereas it's easy to prove whether or not you showed your ballot.  Hence, why they worded the law the way that they did.

It's certainly imperfect, but any attempt to have it changed would probably fail miserably, unless it could guarantee a relatively-equal level of protection.
Logged
"An armed society is a polite society" - this does not mean that we are polite because we fear each other.

We are not civilized because we are armed; we are armed because we are civilized..
Pages: [1]   Go Up