Burson v. Freeman, 504 U.S. 191, 16 (1992)

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206

BURSON v. FREEMAN

Opinion of Blackmun, J.

material and the solicitation of votes within 100 feet of the entrance to a polling place. The 1972 "campaign-free zone" is the direct precursor of the restriction challenged in the present litigation.

Today, all 50 States limit access to the areas in or around polling places. See App. to Pet. for Cert. 26a-50a; Note, Defoliating the Grassroots: Election Day Restrictions on Political Speech, 77 Geo. L. J. 2137 (1989) (summarizing statutes as of 1989). The National Labor Relations Board also limits activities at or near polling places in union-representation elections.9

In sum, an examination of the history of election regulation in this country reveals a persistent battle against two evils: voter intimidation and election fraud. After an unsuccessful experiment with an unofficial ballot system, all 50 States, together with numerous other Western democracies, settled on the same solution: a secret ballot secured in part by a restricted zone around the voting compartments. We find that this widespread and time-tested consensus demonstrates that some restricted zone is necessary in order to serve the States' compelling interests in preventing voter intimidation and election fraud.

Respondent and the dissent advance three principal challenges to this conclusion. First, respondent argues that restricted zones are overinclusive because States could secure these same compelling interests with statutes that make it a misdemeanor to interfere with an election or to use violence or intimidation to prevent voting. See, e. g., Tenn. Code Ann. §§ 2-19-101 and 2-19-115 (Supp. 1991). We are not persuaded. Intimidation and interference laws fall short of serving a State's compelling interests because they "deal

9 See, e. g., Season-All Industries, Inc. v. NLRB, 654 F. 2d 932 (CA3 1981); NLRB v. Carroll Contracting and Ready-Mix, Inc., 636 F. 2d 111 (CA5 1981); Midwest Stock Exchange, Inc. v. NLRB, 620 F. 2d 629 (CA7), cert. denied, 449 U. S. 873 (1980); Michem, Inc., 170 N. L. R. B. 362 (1968); Claussen Baking Co., 134 N. L. R. B. 111 (1961).

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