A man in Wisconsin has been charged with voter fraud for posting his marked election ballot on Facebook.
Ozaukee County prosecutors said that the investigation against 52-year-old Paul Buzzell, of Mequon, was a “test case.” Mr Buzzell, a Mequon-Thiensville School Board member, had his first hearing on Monday and was released on a $500 bond, the Associated Press reported.
“You could say it’s a test case,” Ozaukee County District Attorney Adam Gerol told the Milwaukee Journal Sentinel. “The best thing that could come of this would be an appellate decision as to whether it violates the First Amendment or not.”
Under Wisconsin law, individuals are not allowed to show their marked ballot to anyone. Other states have similar legislation, but a federal judge in New Hampshire ruled that laws preventing people to post their ballots violate the First Amendment.
Mr Buzzell faces up to three and a half years in jail a fine of $10,000 if convicted. A preliminary court hearing was set for 15 December.
According to the prosecution, Mr Buzzell posted the picture of his ballot in April. Mr Buzzell said he was not aware that the practice was illegal.
Local police contacted prosecutors after receiving citizen complaints.
The Wisconsin state Senate unsuccessfully proposed a bill in 2020 seeking to allow constituents to share pictures of their ballots on social media. The AP reports that county election clerks argued the measure protects ballot secrecy.
“There´s greater flexibility to resolve cases after they´re charged when the parties might agree to a different statute to plead to for the sake of resolution,” Mr Gerol told the Milwaukee Journal Sentinel.
