New Hampshire: Law Banning Ballots on Facebook Draws a Legal Challenge | Wall Street Journal

A New Hampshire legislator has sued the state, arguing that a new law banning voters from displaying their marked ballots violates the First Amendment’s guarantees on free speech. The lawsuit, filed Friday in federal court in Concord, N.H., takes aim at an unusual new law passed by the state earlier this year. The law specifically bars voters from taking pictures of their ballots and posting them on Facebook or other social media sites. The law reads:

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.

People who willfully violate the law are subject to fines of up to $1000.

New Hampshire: ‘Domicile’ vs. ‘resident’: a matter of ballot access | New Hampshire Business Review

Secretary of State William Gardner recently made public comments that threaten the fundamental right to vote held by citizens who live in New Hampshire and call this state home. The secretary suggested that only citizens who meet the legal definition of “resident” under state law should be able to vote. He added that the Granite State permits “drive-by” voter fraud. Respectfully, he’s wrong. Gardner’s view that voting should be reserved for those who meet the definition of “resident” under state law would, if enacted, deprive the right to vote to thousands of citizens who call New Hampshire home. His position also violates Part I, Article 11 of the state constitution and has repeatedly been rejected by courts for more than 40 years. Just recently, the secretary’s view was rejected by two separate judges in a case challenging a controversial 2012 law that changed the state’s voter registration form to deliberately suppress voting rights. In striking down the registration form that the secretary supported, the superior court ruled in July that the form’s equating of legal “residency” with the right to vote is an “unreasonable description of the law” that would cause a chilling effect on voting rights.

New Hampshire: Judge Strikes Down Residency Rules On Voter Registration | Associated Press

A New Hampshire judge has struck down a 2012 law as unconstitutional that effectively blocked out-of-state students and others from voting in New Hampshire unless they established residency in the state that extended to other activities beyond voting, such as getting a driver’s license. The New Hampshire Civil Liberties Union filed a petition on behalf of four out-of-state college students and the New Hampshire League of Women Voters two years ago, arguing the law would freeze out eligible voters. The law required people registering to vote to sign a statement saying they declare New Hampshire their domicile and are subject to laws that apply to all residents, including requirements they register their cars in the state and get a New Hampshire driver’s license. Then-Gov. John Lynch vetoed the legislation, but lawmakers overrode his veto. In making a preliminary order permanent, Strafford County Superior Court Judge Brian Tucker said the law added language to voter registration forms that was a “confusing and unreasonable description of (existing) law” and was “unduly restrictive.”

New Hampshire: 2012 voter registration law null — for now | New Hampshire Union Leader

The Secretary of State’s Office said Friday the decision by Strafford County Superior Court Judge Brian Tucker means there will be no change in the current voter registration forms. Deputy Secretary of State David Scanlan said the disputed language change for voter registration forms — passed by the Legislature in 2012 and challenged in court by four University of New Hampshire students and the League of Women Voters as unconstitutional — was never implemented. A preliminary injunction was granted by a different Strafford County judge, and the state Supreme Court let the ruling stand in October 2012. …  Then-House Speaker Bill O’Brien had supported changing the registration law primarily to prevent students from outside New Hampshire but attend college in the state from being allowed to vote in New Hampshire college towns.

New Hampshire: Judge rules voter registration conditions illegal | Concord Monitor

A judge has struck down a 2012 law as unconstitutional that effectively blocked out-of-state students and others from voting in New Hampshire unless they established residency in the state that extended to other activities beyond voting, such as getting a driver’s license. The New Hampshire Civil Liberties Union filed a petition on behalf of four out-of-state college students and the New Hampshire League of Women Voters two years ago, arguing the law would freeze out eligible voters. The law required people registering to vote to sign a statement saying they declare New Hampshire their domicile and are subject to laws that apply to all residents, including requirements they register their cars in the state and get a New Hampshire driver’s license. Then-Gov. John Lynch vetoed the legislation, but lawmakers overrode his veto. In making a preliminary order permanent, Strafford County Superior Court Judge Brian Tucker said the law added language to voter registration forms that was a “confusing and unreasonable description of (existing) law” and was “unduly restrictive.”

New Hampshire: State faces lawsuit over new election law | New Hampshire Union Leader

The New Hampshire Civil Liberties Union is suing the state over a new law that it says will stack the deck against third parties trying to gain ballot access. The lawsuit, filed July 22 on behalf of the Libertarian Party of New Hampshire, challenges a requirement that nomination papers for a political organization “be signed and dated in the year of the election.” It compresses the time frame to collect these signatures and poses a hindrance for the Libertarian Party to compete, according to Gilles Bissonnette, staff attorney for the New Hampshire Civil Liberties Union. “This law strips away voter choice,” he said in an interview.

New Hampshire: House mulls changes to voter challenges | Eagle Tribune

A bill before the New Hampshire House shifts the burden of proof in voter disputes to the challenger. The Election Law Committee, on a 16-0 vote, is recommending passage for Senate Bill 206, scheduled before the House on Wednesday. “SB 206 amends current law by shifting the burden of proof to the challenger by requiring that the specific reason and source of the information for the challenge be provided, and that it be provided in writing,” Rep. Robert Perry, D-Strafford, in a written report on behalf of the committee, told the House.

New Hampshire: 8,200 Manchester residents could be cut from voter rolls | Union Leader

Officials in the Queen City could remove up to 8,200 people from its voter rolls in the coming months as part of a citywide “checklist verification” process. Starting on Thursday, the Office of the City Clerk will send postcards to 8,200 residents who have not voted according to its records since the 2008 election. City Clerk Matt Normand said the goal was to keep the voter list as up to date as possible to avoid a large and complicated state-mandated purge in 2020. “Periodic verification avoids a major purge of tens of thousands of voters during the state-mandated 10-year checklist purge, which stresses the office and ward officials for those looking to re-register once in any of the subsequent eight citywide elections held at Manchester polls,” Normand said in a statement announcing the move.

New Hampshire: Secretary of State opposes move to open ballots to public view | New Hampshire Union Leader

The state office that oversees elections is opposing a bill that would open individual ballots to public view after an election. Deputy Secretary of State David Scanlan told the House Election Law Committee Tuesday that House Bill 1357, if passed, could open elections to corruption. “Hopefully,” Scanlan said, “you trust your local moderator” and other election officials “to make sure they are running the election in your town in a fair and impartial way.”

New Hampshire: Voter ID law hasn’t uncovered fraud, but officials are still checking | Nashua Telegraph

The attorney general’s office hasn’t found any voter fraud in recent elections, following the passage of the state’s voter ID law. At least, it hasn’t found any yet. Or, more accurately, it hasn’t found any yet so far as we know. “It’s an open investigation,” Assistant Attorney General Stephen LaBonte said in response to a query from The Telegraph. Because of that status, LaBonte declined to discuss details so far, such as how many people who voted without showing an ID have been contacted or whether any evidence of voting fraud has been uncovered. “We are following up with trying to track down the people who were sent verification mailings. … We have been successful in tracking down some of them,” he said. There are slightly over 2,000 names to track down. That’s the number of voters who didn’t returned postcards on time, confirming they had signed affidavits at polling places before voting in the November 2012 presidential election or in town and school elections in March. The affidavits, which swore to their voters’ identity, were required of anybody who lacked a photo ID; about 1 percent of voters in November signed them, and a smaller percentage than that did the same in March.

New Hampshire: Voter ID law sees big changes | Eagle Tribune

There were so many recent revisions to New Hampshire’s voter ID law, even state officials couldn’t keep up with the changes. As a legislative conference committee considered potential changes before passing a final version of the law three weeks ago, many people who weren’t sure what happened to the controversial measure. So they called The League of Women Voters of New Hampshire to find out the latest changes, according to league election law specialist Joan Flood Ashwell. The league is well known for its efforts to educate the public about voting.

New Hampshire: Trial scheduled for 2014 on voter registration forms | Fosters

A trial is tentatively set for February 2014 to decide whether New Hampshire will be allowed to use controversial language on its voter registration forms that was previously blocked by a judge. With last year’s general election approaching, Strafford County Superior Court Judge John Lewis issued a temporary injunction preventing the state from using new voter registration forms that included a paragraph discussing motor vehicle and residency requirements. Under state law, voters aren’t required to be permanent residents of New Hampshire to cast ballots here. Anyone who maintains a “domicile” in the state is eligible to vote in New Hampshire, including college students. However, Republican lawmakers enacted changes in 2012 that were intended to require anyone who chooses to vote in New Hampshire to also become a resident, falling under the purview of motor vehicle laws.

New Hampshire: Legislature okays changes to voter ID law despite opposition from conservatives | Concord Monitor

Compromise legislation to reform New Hampshire’s year-old voter ID law passed the Republican-led Senate and the Democratic-led House yesterday, as a last-ditch effort by conservative Republicans to block the bill fell short. The bill now goes to Democratic Gov. Maggie Hassan, who indicated she will sign it into law. “The governor continues to believe that the voter identification law enacted by the previous Legislature was misguided and should be fully repealed, but she appreciates that the compromise reached by the Legislature will save local communities the burden of costs for cameras, prevent long lines at the polls and alleviate confusion about permissible forms of identification,” said spokesman Marc Goldberg in a statement.

New Hampshire: Voter ID Compromise Approved in New Hampshire | Valley News

Compromise legislation to reform New Hampshire’s year-old voter ID law passed the Republican-led Senate and the Democratic-led House yesterday, as a last-ditch effort by conservative Republicans to block the bill fell short. The bill now goes to Democratic Gov. Maggie Hassan, who indicated she will sign it into law. “The governor continues to believe that the voter identification law enacted by the previous Legislature was misguided and should be fully repealed, but she appreciates that the compromise reached by the Legislature will save local communities the burden of costs for cameras, prevent long lines at the polls and alleviate confusion about permissible forms of identification,” said spokesman Marc Goldberg in a statement.  The voter ID law enacted in 2012 included several changes that were to effect this September, including a shorter list of acceptable forms of ID and a requirement that voters without an ID, who already must fill out an affidavit, be photographed by election workers as well. But under a compromise worked out last week by negotiators from the House and Senate, student IDs will remain valid forms of identification at the polls, voters 65 and over will be able to use expired driver’s licenses to vote and the photo-taking requirement will be delayed until 2015.

New Hampshire: House, Senate cut deal on voter ID reform | Concord Monitor

Senate and House negotiators struck a last-minute deal yesterday to reform New Hampshire’s voter ID law, ensuring student ID cards will continue to be accepted as a valid form of identification at the polls. “I think it’s a good compromise,” said Rep. Gary Richardson of Hopkinton, the Democratic floor leader in the House. Negotiations between the Republican-led Senate and Democratic-led House on a bill making changes to last year’s voter ID law broke down early in the week. But the two sides continue to talk informally, and yesterday morning the committee of conference chaired by Richardson finalized a new version of the bill. It will go before the House and Senate on Wednesday for a final vote. If it passes, it will go to Gov. Maggie Hassan, a Democrat.

New Hampshire: Voter ID talks break down at State House, no compromise expected on changes to 2012 law | Concord Monitor

he Democratic effort to roll back New Hampshire’s voter ID law ran aground yesterday when negotiations between the House and Senate ended almost as soon as they began. Negotiators from the Democratic-led House and Republican-led Senate could still reach some sort of compromise before Thursday’s deadline for committees of conference to finish their work. But neither side sounds confident that will happen. “I would say the chances are slim,” said Rep. Gary Richardson, a Hopkinton Democrat and the chief House negotiator. Last year, the then-GOP-dominated Legislature enacted a law requiring voters to present photo identification or sign an affidavit at the polls. The law’s second phase will kick in this fall, with a shorter list of acceptable forms of ID that doesn’t include student IDs and a requirement that election workers photograph anyone signing an affidavit to vote.

New Hampshire: House, Senate agree to meet to reconcile voter ID bills | NEWS06

The state Senate agreed Wednesday to negotiate with the House on new, but differing voter identification and voter registration requirements reflected in separate versions of bills that have been debated throughout the legislative session. The Senate agreed to House requests for committees of conference on House Bill 595, which sets out forms of identification required when one steps into the polling place to cast a ballot. A conference committee was also agreed to negotiate House Bill 664, a bill establishing a nonprofit state vaccine association, to which the House’s voter registration provisions were attached last week. Differences on the voter ID bills center on whether student IDs are an acceptable form of identification at the polls. The current voter ID law allowed for the 2012 election a list of seven forms of identification acceptable at a polling place, including a student ID, and absent any of those, verification of the person’s identity by a local election official. If a voter was challenged, the voter would fill out a “challenged voter affidavit.”

New Hampshire: House Democrats, Senate Republicans far apart – for now – on voter ID reforms | Concord Monitor

When Democrats won control of the House last fall, rolling back or repealing the state’s new voter ID law was one of their priorities. But the Senate’s Republican majority has so far thwarted that plan, with just weeks left to reach some sort of compromise. “I always hope that people can come to compromise, and I’m hopeful that we’ll be able to compromise on this issue – although the history has not been very successful in terms of compromise on this issue,” said Rep. Gary Richardson of Hopkinton, the Democratic floor leader in the House. The Democratic-led House in March passed a bill, largely along party lines, that rolled back the voter ID law enacted last year by the GOP-controlled Legislature over a veto from then-Gov. John Lynch.

New Hampshire: House, Senate don’t agree on voting bills | NEWS06

The House Wednesday killed legislation that would change requirements for registering to vote, but agreed to negotiate with the state Senate on a conflicting versions of a separate bill addressing forms of identification required when someone steps into the polling place to cast a ballot. The House could not agree with Senate changes to the voter registration bill and agreed with Rep. Gary Richardson that “there is no ability to breach that divide” in a conference committee. It voted, 238-104, to “non-concur” with the Senate. On the voter ID bill, the House voted 286-52 to “non-concur” but also to ask the Senate for a committee of conference to negotiate differences.

New Hampshire: Senate removes student IDs as indisputable ID for voting | NEWS06

The state Senate Thursday passed with strict party line votes legislation that changes the current state voter identification law by removing its clear statutory reference to student IDs as an acceptable form of voter ID. The Senate, also along party lines, changed the House-passed voter registration bill by restoring reference to motor vehicle laws that had been removed by the House. The current voter ID law allowed for the 2012 election a list of seven forms of identification acceptable at a polling place, including a student ID, and absent any of those, verification of the person’s identity by a local election official. If a voter was challenged, the voter would fill out a “challenged voter affidavit.”

New Hampshire: Lawmakers divided over Voter ID Law | Eagle Tribune

A split is shaping up between the House and Senate over how — or whether — to proceed with the next phase in the state’s controversial voter photo ID law. The House refused to repeal the law, but wants to stop the next phase that would force election workers to photograph voters without an acceptable ID. A Senate committee, meanwhile, is recommending the state delay requiring election workers to take photos until 2015 to see how the law works in the 2014 election. The Senate panel would reduce the number of acceptable IDs voters could use at the polls. Opponents maintain eliminating a specific reference to student IDs could compromise the rights of student voters.

New Hampshire: Party line votes on Senate panel to change voter ID, registration laws | NEWS06

Along party lines, a Senate committee on Wednesday supported on a 3-2 vote changing the current state voter identification law by removing its clear statutory reference to student IDs as an acceptable form of voter ID. Also Wednesday, the Senate Public and Municipal Affairs Committee voted — again along partisan lines — to recommend passage of legislation that addresses the requirements that one needs to meet to register to vote. Committee Chairman David Boutin, R-Hooksett, said although the specific reference to a student ID is removed under his voter ID amendment, it would allow state university system student IDs to be used under a broad requirement that the would-be voters produce “a nondriver’s identification card issued by” a “department, agency or office of any state.”

New Hampshire: State Senate holds hearing on voter ID law | Boston.com

New restrictions in the state’s voter identification law that are set to go into effect in September could cause delays at the polls, deter some from voting and cost the state close to $1 million, opponents of the restrictions told a Senate hearing Wednesday. Rep. Lucy Weber, D-Walpole, said passing legislation repealing those tighter restrictions will allow the state to examine the need for a voter ID law before moving forward. ‘‘I think it’s a good time to stop and take a breath before we progress to the phase two provisions which are both more restrictive to people’s access to the polls and far more expensive for the folks that run elections,’’ Weber said.

New Hampshire: Repeal of voter ID law rejected in New Hampshire House | SeacoastOnline.com

The New Hampshire House rejected a proposal Thursday to repeal the state’s voter identification law, instead passing legislation that would prevent tighter regulations from taking effect until the attorney general’s office completes an inquiry into the last election. Rep. Timothy Horrigan, D-Durham, argued for repeal, saying the voter ID law is “an excessive solution to a virtually nonexistent problem.” Horrigan said no evidence of voter fraud exists in the state. But Rep. Shawn Jasper, R-Hudson, countered that voter fraud in New Hampshire has never been found because no one has looked for it. Jasper said a number of “suspicious” cases from 2012 could prove to be fraud. He added that even if fraud isn’t widespread it could tip the scales in tight elections.

New Hampshire: House freezes voter ID law, rejects repeal | NewsTimes

The New Hampshire House rejected a proposal Thursday to repeal the state’s voter identification law, instead passing legislation that would prevent tighter regulations from taking effect until the attorney general’s office completes an inquiry into the last election. Rep. Timothy Horrigan, D-Durham, argued for repeal, saying the voter ID law is “an excessive solution to a virtually nonexistent problem.” Horrigan said no evidence of voter fraud exists in the state. But Rep. Shawn Jasper, R-Hudson, countered that voter fraud in New Hampshire has never been found because no one has looked for it. Jasper said a number of “suspicious” cases from 2012 could prove to be fraud. He added that even if fraud isn’t widespread it could tip the scales in tight elections.

New Hampshire: State to get a voter bailout from feds | NEWS06

New Hampshire deserves a “bailout” from federal oversight under the Voting Rights Act, a three-judge panel in Washington D.C. has ruled. “Finally, we’re done with this,” Secretary of State William Gardner said Saturday night. The court approved the bailout on March 1, one day after the U.S. Supreme Court heard arguments in a case challenging the constitutionality of that very section of the Voting Rights Act. Section 5 of the VRA requires jurisdictions with a history of discrimination to get all changes to their election laws “pre-cleared” by the U.S. Department of Justice or a federal court in D.C. New Hampshire found itself under that requirement in the 1960s, in part because the state had a literacy test on the books back then. Ten communities were singled out because of supposedly low voter registration and turnout.

New Hampshire: Early voting? Not if Secretary of State Gardner can prevent it | Union Leader

Secretary of State William Gardner takes a dim view of congressional efforts to address with federal legislation the long lines some states saw at polling places during the November election. In his experience, he said, “One-size-fits-all usually fits very few.” The White House and some in Congress are pushing for changes to federal election laws, such as those involving early voting and online voter registration. But if such measures were to pass, Gardner said, “we would first work to get out of it like we did with the National Voter Registration Act.” New Hampshire got an exemption from that 1993 “motor-voter” law by passing same-day voter registration and making it retroactive to the date of the federal legislation. Gardner stressed that different states have very different cultures. “We are who we are because of our history,” he said. And, he said, “the federal government hasn’t had the best of track records when it comes to changing election laws for states. And I would prefer that the federal government stay out of this.”

New Hampshire: Supporters, opponents voter ID repeal speak out at hearing | NEWS06

A bill to repeal the new voter photo identification law drew support Tuesday at a public hearing. Lawmakers last year approved a photo ID bill just months before the primary election that required voters to show a variety of photo IDs in order to vote in last November’s election. However, beginning in September, the list of acceptable photo IDs narrows to state or federally issued IDs. As in the past two years, supporters of the law say it is needed to guarantee the integrity of elections, while opponents of photo ID say it addresses a problem that does not exist but does disenfranchise certain groups of voters, such as the elderly, college students and the poor. The prime sponsor of House Bill 287, Rep. Timothy Horrigan, D-Durham, said under his bill voter fraud would continue to be a crime.

New Hampshire: Advocates try to kill Voter ID bill before it’s fully implemented | NashuaTelegraph.com

Advocacy groups for voters, seniors and civil libertarians joined a legislative effort to strike down the law that starting this fall will require voters to show a state-approved, photo ID card at the polls. Joan Ashwell, with the League of Women Voters, conceded the difficulty of getting lawmakers to junk a law such as this one before it’s fully implemented. “We understand the reluctance of one Legislature to repeal a law just passed by a different Legislature,” Ashwell told the House Election Laws Committee. “In this case, we aren’t talking about a simple bill like naming a bridge or funding one amount of money in the budget or another. The voter ID threatens the most precious right of our citizens, the right to vote.”

New Hampshire: Cost Of Voter ID Law Adds Up As New Requirements Roll Out | New Hampshire Public Radio

New Hampshire election officials are preparing for the cost of rolling out the next phase of the state’s voter ID law. Starting with elections this fall, voters without identification must have their pictures taken by a poll worker before casting a ballot. Deputy Secretary of State David Scanlan says his department estimates purchasing a digital camera and printer for each of the state’s 330 polling sites, plus backups, will cost roughly $85,000.