NH Anti-Vote Fraud Domicile Registration Bill Challenged In Court

CONCORD, NH — A recent law reforming the voter registration laws in New Hampshire in an effort to thwart fraud and preserve the integrity of the election outcomes of people who actually live in the state is heading to court. The New Hampshire Democratic Party and the League of Women Voters have filed complaints in Hillsborough County Superior Court-South in Nashua challenging the law’s constitutionality. The law – SB 3 – which was signed into law by Gov. Chris Sununu, R-NH, would ensure that no citizen who is legally able to vote in the state will be turned away while also asking voters to show proof of residency while registering to vote on the same-day or within 10 or 30 days after casting a ballot.

Democrats are challenging three legal issues with the legislation for three specific reasons: registering to vote requires a "verifiable act" to demonstrate intent to be domiciled in the state; legitimately domiciled voters could be denied the right to register by failing to present the new paperwork more than 30 days out from Election Day; and a different, more lengthy registration form is required to be signed under penalty of voting fraud within 30 days of Election Day, opening themselves to investigation or being forced to provide documentation after an election.

Activists within the party believe that the “burdens fall disproportionately on young, low-income and minority groups” who might be more transient than other voters. (For more information on this and other neighborhood stories, subscribe to Concord NH Patch to receive daily newsletters and breaking news alerts.)

"New Hampshire Republicans have created a solution in to a problem they have no evidence exists,” Ray Buckley, the chairman of the NHDP, said in a statement. “This is the latest in a long line of voter suppression efforts the Republican Party has engaged in around the country. Unfortunately, the myth of voter fraud has been spread by Republican leaders at every level, from President Trump to Governor Sununu and within the New Hampshire legislature, as a false pretext for restricting access to voting. The First in the Nation primary state should work to make voting more accessible and efficient to eligible voters rather than driving down turnout and changing the rules to shape their desired outcome."

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Not long after announcing the filing of the lawsuit, state Democrats began fundraising off the lawsuit, sending out a request for donations to pay for the legal effort.

Jeanie Forrester, the chairwoman of the NH GOP, called the lawsuit frivolous.

"The frivolous lawsuit put forth by the New Hampshire Democrat Party is just politics as usual,” she said. “After losing the electoral battle and legislative battle, New Hampshire Democrats are now resorting to a legal challenge. The people of New Hampshire support SB3. The law protects Granite Staters' right to vote. The crucial reforms made in SB3 ensure the integrity of our ballot box.”

Anne Edwards, an associated attorney general, stated SB 2, like any statute, is presumed to be constitutional and that the NH DOJ “defend it vigorously and we are confident it will be sustained.”

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