New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 659:35 (2024)
Showing or Specially Marking Ballot
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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659:35 Showing or Specially Marking Ballot. –
I. 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.
II. No voter shall place a distinguishing mark upon his or her ballot nor write in any name as the candidate of his or her choice with the intention of thereby placing a distinguishing mark upon the ballot.
III. No voter shall use or attempt to use any ballot not given him or her by the ballot clerk to accomplish any of the acts or purposes prohibited by paragraph I or II or both.
IV. Any person willfully violating any of the provisions of this section shall be guilty of a violation.
V. Before each state election, the secretary of state shall prepare and distribute to the town and ward clerks a sufficient number of posters measuring 8-1/2 inches by 11 inches highlighting the provisions of paragraphs I through IV.
VI. Each town and ward clerk shall prominently post the posters referred to in paragraph V at each polling place in his or her town or ward.
I. 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.
II. No voter shall place a distinguishing mark upon his or her ballot nor write in any name as the candidate of his or her choice with the intention of thereby placing a distinguishing mark upon the ballot.
III. No voter shall use or attempt to use any ballot not given him or her by the ballot clerk to accomplish any of the acts or purposes prohibited by paragraph I or II or both.
IV. Any person willfully violating any of the provisions of this section shall be guilty of a violation.
V. Before each state election, the secretary of state shall prepare and distribute to the town and ward clerks a sufficient number of posters measuring 8-1/2 inches by 11 inches highlighting the provisions of paragraphs I through IV.
VI. Each town and ward clerk shall prominently post the posters referred to in paragraph V at each polling place in his or her town or ward.
Source. 1979, 436:1. 2014, 82:1, eff. Sept. 1, 2014.
Notes of Decisions
Cited in 4
cases, 2015–2016 · leading case: Rideout v. Gardner, 123 F. Supp. 3d 218 (D.N.H. 2015).
Rideout v. Gardner, 123 F. Supp. 3d 218 (D.N.H. 2015). “See N.H.Rev.Stat. Ann. § 659:35, I (2008). In 2014, the legislature amended section 659:35, I of the New Hampshire Revised Statutes (“RSA 659:35, I”) to provide that: No voter shall allow his or her ballot to be seen by any person with the intention of letting it be known how he…”
Rideout v. Gardner, 838 F.3d 65 (1st Cir. 2016). “See N.H. Rev. Stat. Ann. § 659:35 , IV; id. § 651:2, IV(a).”
Deborah Sumner v. New Hampshire Sec'y of State, 136 A.3d 101 (N.H. 2016). “2015) (requiring that ballots be handled “so that the marks on [them] cannot be seen”); RSA 659:35, II (Supp. 2015) (preventing voters from placing distinguishing marks on ballots); RSA 659:95-:100 (2008 & Supp.”
Rideout v. Gardner, NH Secy State, 2015 DNH 154 (D.N.H. 2015). “N.H. Rev. Stat. Ann. § 659:35 , I (Supp. 2014) (emphasis added to identify the modifications that became effective September 1, 2014).”
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