A secret ballot isn’t an obligation

Few things seem as innocuous as taking a photo of oneself doing something that’s not merely legal, but considered a civic duty. And yet Parker donham, of Nova Scotia, has found himself under investigation by the rcMP and facing a possible $5,000 fine for doing exactly that.

Mr. donham’s al l e ged crime? When voting at an advance poll ahead of Tuesday’s provincial election, the political blogger took a photo of his marked ballot and shared it on several popular social networking sites. elections Nova Scotia noticed the posts and reported Mr. donham to the police for having violated the province’s elections Act, which forbids the use of recording devices in a polling station.

The law is well intentioned. The notion of secret ballot elections is central to canadian democracy. Keeping one’s vote secret — whether from cameras, government monitors or partisan goons — is meant to ensure that no voter faces harassment, or worse, if they vote against someone else’s (typically the ruling party’s) preferred candidate. In many parts of the world, this is not a trivial consideration.

but the right to a secret ballot is not the same thing as an obligation to keep your voting preferences secret. Intimidation of voters is thankfully not a problem often encountered in canada, and Mr. donham is — or should be — entirely within his right to photograph his ballot and share it.

This would not be the case if he had been photographing someone else’s ballot, but no one has alleged that. Nova Scotia’s law to prevent such an occurrence goes too far. As the citizens of that province head out to vote on Tuesday, they should perhaps consider if their elections Act is in need of some improvement no matter who wins power.