By: C. Rose Moore

The State of New Hampshire filed an appeal on September 9th with U.S. Court of Appeals for the First Circuit seeking to overturn the New Hampshire District Court’s decision in Rideout v. Gardner, Opinion No. 2015-DNH-154-P.  There, the court struck down RSA § 659:35, I, which prohibited voters from “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.”  The plaintiffs in that case, namely a state representative, Leon Rideout, a disgruntled dog-lover, Andrew Langlois, and a patent-attorney, Brandon Ross, who posted his photo after the investigations started with the tagline “Come at me, bro,” were being prosecuted under the law.

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