New Hampshire: ACLU sues over law that lets moderators toss absentee ballots | Concord Monitor

Another aspect of New Hampshire election law is going to court: The ACLU-NH is suing over town moderators’ ability to reject absentee ballots if they have doubts about the signature, without telling the voter. At issue is state law RSA 659:50, which allows moderators to reject absentee ballots if they don’t believe “the signature on the affidavit appears to be executed by the same person who signed the application” for voting by absentee ballot, “unless the voter received assistance because the voter is blind or has a disability.” In a brief filed in U.S. District Court in Concord, the ACLU says that during the 2016, 2014, and 2012 elections, this law “disenfranchised approximately 275, 145, and 350 voters, respectively.”

New Hampshire: Secretary of State tells towns: No, you can’t delay elections even if it snows a lot | Concord Monitor

Just in case any town moderators were looking at the weather forecast and beginning to worry, Secretary of State Bill Gardner has some advice for them: Don’t even think about canceling elections. “New Hampshire law does not contain a provision that authorizes any public official to postpone an election,” Gardner wrote in a March 6 memo, which provides guidance on a variety of issues as New Hampshire heads into town meeting season. The notice comes in the wake of last year’s confusion when a huge nor’easter caused moderators in 73 communities to postpone ballot voting on March 14, 2017, the traditional Election Day on the second Tuesday in March.

New Hampshire: New Hampshire Not Among States Seeking Cybersecurity Help Ahead of 2018 Elections | NHPR

With its paper ballots and in-person registration requirements, New Hampshire’s voting system is less digitally wired — and therefore somewhat less susceptible to cyberattacks — than many of its peers. But this state, like all others, also maintains an online database with personal information on all of its registered voters. Federal security officials have offered to scan these systems for possible vulnerabilities as part of a broader package of “cyber-hygiene” efforts ahead of the 2018 elections, but New Hampshire election officials have said no thanks. More than 30 states have reportedly partnered with the U.S. Department of Homeland Security to safeguard their systems against hacking in advance of this year’s midterm elections. At this point, New Hampshire isn’t one of them — and the state’s elections officials remain wary of allowing the federal government to in any way encroach on their autonomy when it comes to voting procedures.

New Hampshire: Judge considering request to dismiss voter rights lawsuit | Associated Press

New Hampshire officials on Tuesday urged a judge to dismiss a lawsuit challenging a state law that requires additional documentation from voters who move to the state within 30 days of an election, suggesting it wasn’t harming anyone. The state Democratic Party and the League of Women Voters filed lawsuits against the state last year, claiming the SB3 law was confusing, unnecessary and intimidating. A judge in September allowed the law to take effect but blocked penalties of a $5,000 fine and a year in jail for fraud and said further hearings were necessary. The lawsuits have since been consolidated.

New Hampshire: Alternative voting, math oversight of redistricting shot down by House committee | Concord Monitor

Amid all the high-profile discussion of possible changes to New Hampshire election laws and processes, a trio of less-mainstream proposals were shot down Tuesday. One of them would have used mathematics to draw legislative districts, and the other two would allow people to vote for more than one candidate, showing their ballot preference by systems other than the traditional process. All three were marked as inexpedient to legislate by sweeping votes in the House Election Law Committee, which makes their demise in the full House likely. Under one bill, House Bill 1666, a calculation known as efficiency gap analysis would have been applied to statewide districts in New Hampshire after the next redistricting in 2021. If the analysis found problems, “the redistricting for that elected body shall be deemed to be gerrymandered and therefore not valid” and the districts redrawn before the next election. It was unanimously voted as ITL by the 20-person committee.

New Hampshire: Republicans push for more voting restrictions | Associated Press

New Hampshire’s Republican-controlled Legislature is again considering measures that would affect voter registration and the casting of ballots, even though the most recent change to the state’s election law remains in limbo in court. Under a law that took effect last year, voters who move to the state within 30 days of an election are required to provide proof that they intend to stay. But after Democrats and the League of Women Voters sued, a judge blocked penalties included in the law and said further hearings are necessary. Meanwhile, Republicans are pressing ahead with legislation they argue will help restore confidence in elections and prevent fraud, while opponents say the goal is to prevent certain groups of people from voting.

New Hampshire: Online Voter Registration in New Hampshire? Secretary of State’s Open to Studying It | NHPR

New Hampshire is one of about a dozen remaining states that doesn’t allow online voter registration — but a bill introduced this year could change that. Similar proposals surfaced in 2016 and 2017, but neither gained traction — in part, because they lacked buy-in from the Secretary of State’s office. Now, Deputy Secretary of State Dave Scanlan said they’re open to the idea, but they want the proposal to go through a study committee for more consideration first.

New Hampshire: Meet Bud Fitch, New Hampshire’s new vote fraud czar. | Slate

From the beginning of its brief, nonillustrious existence, Donald Trump’s voter fraud commission had a special connection to New Hampshire. Trump launched the commission to justify his claim that millions of illegal votes were cast in the 2016 election, many of them in the Granite State. He placed New Hampshire’s Democratic Secretary of State Bill Gardner on the panel to give the group a phony patina of bipartisanship. The commission also traveled to the state for its second and last meeting, an acrimonious affair during which co-chairman Kris Kobach defended his false allegation that thousands of illegal votes swung the vote in New Hampshire in 2016.

New Hampshire: Bill wants math to guide New Hampshire’s political redistricting | Concord Monitor

The idea of using mathematical algorithms to determine whether electoral districts are fair has gained notable traction in the past year, including a Jan. 9 federal court ruling that used math to call North Carolina congressional districts biased. Now a lawmaker wants to bring the process to New Hampshire. Under a proposed bill, House Bill 1666, a process known as efficiency gap analysis would be applied to statewide districts in New Hampshire after the next redistricting in 2021. If the analysis finds problems, “the redistricting for that elected body shall be deemed to be gerrymandered and therefore not valid” and the districts redrawn before the next election. The bill is sponsored by Rep. Jerry Knirk, D-Freedom, who argues that the method would help all elected officials.

New Hampshire: Senate Democrats push for New Hampshire withdrawal from voter database program | Concord Monitor

Senate Democrats are taking aim at New Hampshire’s participation in the Interstate Voter Registration Crosscheck Program, pressing for the state to pull out of a system they say is deeply flawed. At a Senate election law committee hearing Tuesday on a withdrawal bill, Democrats and voting advocacy groups argued that the program – in which about 30 states share voter information to prevent double-voting across state lines – is inaccurate and insecure. First initiated by the Kansas secretary of state in 2005, Crosscheck requires participating states to send voter registration data to the Kansas office, which then collates the names in a database. Any records sent to the office that match the first name, last name and birthday of a registered voter in another state are then sent back to both states, allowing them to examine the records and determine whether the voter is still a resident there.

New Hampshire: State Senate OK’s residency definition for voting; Sununu remains opposed | Union Leader

The state Senate in a 14-9 party-line vote on Wednesday passed HB 372, establishing a new definition of residency that the bill’s supporters hope will pass legal muster and set the stage for enforcement of the bill’s purpose statement: “A person must be a resident of New Hampshire to vote or hold office in New Hampshire.” The bill was substantially changed from the version that passed the House last year, and will have to go back to the House as amended by the Senate. The House version contained only the change in definition. The purpose statement was added by the Senate.

New Hampshire: Sununu opposes GOP bill that could curtail college student voting | Seacoast Online

Gov. Chris Sununu said he would “never support” any legislation that could potentially curtail college students’ ability to vote in New Hampshire. Last week, Sununu said he “hates” HB 372, which would tighten the legal definitions of a resident, inhabitant and residence or residency by eliminating the language in the law that considers residents domiciled in the state if they have demonstrated they will be staying in New Hampshire “for the indefinite future.” “I’m not a fan. I hope that the Legislature kills it,” Sununu said to Ben Kremer of the New Hampshire Youth Movement in a video posted to YouTube. “I will never support anything that suppresses the student right to vote.”

New Hampshire: Sununu opposition to new GOP voting bill unchanged after meeting with sponsor | WMUR

Gov. Chris Sununu remained opposed to a new Republican voting reform bill Wednesday following a meeting with the leading proponent of the controversial measure, a spokesman told WMUR. Sununu met with state Sen. Regina Birdsell, R-Hampstead, who chairs the Senate Election Law and Internal Affairs Committee, to discuss Birdsell’s amendment to House Bill 372, which would essentially require someone to be a resident of the state, as opposed to someone who is merely domiciled in the state, in order to vote or run for office. The bill makes the change by changing definitions to make the terms “resident,” “inhabitant” and “domicile” consistent. The bill would change the eligibility requirements for voting and running for office in the state and would mean that students and others who claim New Hampshire as a domicile but are residents of other states could no longer vote in New Hampshire.

New Hampshire: Fight looming in State Senate over voting rights | Seacoast Onine

A showdown over residency and voting rights is expected to begin when the New Hampshire Senate reconvenes in January. The state Senate Election Law and Internal Affairs Committee approved an amendment to a retained bill, which passed the House of Representatives in the last session, and would tighten the legal definitions of “resident, inhabitant and residence or residency.” The move is expected to pit Senate Democrats who consider the bill an infringement on voting rights against Republicans who claim it eliminates the legal gray area surrounding domiciled citizens.

New Hampshire: Critics Say Residency Bill Targets Student Voters | Valley News

Hanover-area officials are sounding the alarm over a bill they say would discourage New Hampshire college students from out of state from voting here. The Senate bill, which would require voters to seek residency in order to vote, would place unnecessary hurdles between students and the ballot box, according to opponents. But supporters counter that if passed, the law would clarify state election laws, and do a better job of vetting who is allowed onto the voter rolls. “I’m continually disappointed and frustrated, of course, by what I see as a nasty attempt to suppress voting, especially of college students,” said state Sen. Martha Hennessey, D-Hanover, on Wednesday.

New Hampshire: Amendment would raise bar for voting eligibility in New Hampshire | Concord Monitor

A late amendment to a bill that would limit voting to New Hampshire residents passed a Senate committee Tuesday, setting the stage for a new political battle in the Legislature next session over voting requirements. The proposed change would require residency in the state, setting a higher bar for eligibility than present election law, which requires only that voters be “domiciled.” Democrats were quick to condemn the move, calling it an attempt to suppress voting that would effectively target college students. Under current law, being domiciled means physically occupying a space in the state “more than any other place.” Residency carries stronger burdens of proof, such as utility bills or rental, and one of the consequences of declaring residency is that new residents must register their cars in New Hampshire and get state-issued driver’s licenses.

New Hampshire: Bill seeks to bring ranked-choice voting to New Hampshire | Concord Monitor

As Maine continues a legal struggle over the same issue, New Hampshire legislators will soon be discussing the possibility of reinventing the voting system with ranked-choice ballots. The proposal, House Bill 1540, would allow voters in a race with more than two candidates seeking a single office, such as in party primaries, to rank the candidates in order of preference rather than just choosing the one they want to win. The winner would emerge from a repeated calculation of all voters’ rankings. The prime sponsor of the bill, Ellen Read, D-Newmarket, noted that variations of this voting method are used in some cities around the country, including Cambridge, Mass., as well as in a number of professional organizations and even in a few national elections, notably for the Australian parliament. “It more effectively and accurately reflects the will of the voter,” she said. “It gives more choice.”

New Hampshire: State hires voter fraud investigator | Associated Press

Voting rights and potential fraud remain politically charged issues in New Hampshire, but the state’s new elections investigator said he’s ignoring the partisan divide and focusing on his job. The hiring of Orville “Bud” Fitch by the secretary of state’s office comes as Republican lawmakers have increasingly sought to tighten voter registration and other election laws. The Republican-led Legislature included the new investigator position to enforce election laws in the state budget, and it passed legislation requiring the secretary of state’s office to look into cases in which address verification letters sent to voters are returned by the postal service as undeliverable. Fitch said he was confident in his ability to get the job done and “to provide professional and thorough work.”

New Hampshire: Bill gives state power to postpone local elections | Union Leader

The secretary of state will have the authority to postpone and reschedule local elections under extreme weather conditions, according to proposed legislation. The bill is designed to address the confusion that arose last March, when an Election Day nor’easter threw elections for municipal officials and local ballot questions into chaos. A House-Senate committee created to resolve conflicts that surfaced last March unanimously agreed to draft a bill that settles the matter in a way more satisfactory to the secretary of state than to the N.H. Municipal Association. According to draft language endorsed by the five-member committee on Monday, the secretary of state can postpone local or school district elections if he believes that an emergency exists, if the governor has declared a state of emergency, or if a town moderator requests such a delay based on an “extreme weather emergency or imminent serious threat to public health and safety.”

New Hampshire: Amid internal tension, Gardner stands by fraud commission | Concord Monitor

Amid a lapse in communication and uncertainty for the future, some Democratic members of President Donald Trump’s voter fraud commission are growing restless. Nearly a month after the group came to New Hampshire, holding its second meeting at Saint Anselm College, neither Vice Chairman Kris Kobach nor any other commission member has made contact to discuss future plans, Maine Secretary of State Matthew Dunlap told the Huffington Post on Tuesday. “I don’t know that we’re ever going to meet again, to tell you the truth,” Dunlap said. But New Hampshire Secretary of State Bill Gardner said he doesn’t see a reason for alarm. Speaking Wednesday, Gardner, also a Democrat, said he continues to support the goals of the commission, even if he too has not received communication from any of its members. “I haven’t had any communications, but I don’t have any expectations,” he said.

New Hampshire: Gardner releases records, emails on vote commission | Union Leader

Secretary of State William Gardner has released dozens of documents related to his participation in a presidential commission on voting integrity, responding to a Right-to-Know request from the New Hampshire office of the American Civil Liberties Union. Many of the documents relate to logistics for a meeting the commission held in New Hampshire last month, and preparations by the Secretary of State’s office to submit voter data the committee has request. Some of the most colorful material consists of emails and postcards from New Hampshire residents urging Gardner to boycott the effort. The commission, led by Vice President Mike Pence and Kansas Secretary of State Kris Kobach, held its first meeting outside of Washington at St. Anselm College in Manchester last month.

New Hampshire: Judge lets proof of residency law stand | The Dartmouth

On Sept. 12, a New Hampshire Superior Court judge allowed Senate Bill 3 — a bill that changes the proof of residency requirements for voters who choose to register same-day — to take effect but blocked a portion of the bill imposing fines on voters who are unable to produce the required documents. Hanover town clerk Betsy McClain said that before the bill, voters who chose to register same-day could verbally confirm their residency and sign a document on-site if they were unable to produce proper identification on voting day, swearing under penalty of perjury that they live in the town of Hanover. Now, these voters will need to fill out a different form and return to the clerk’s office within 10 days of registration to provide proof of residence. Acceptable proof of residence documents include a driver’s license, a utility bill or, according to McClain, “[proof of] residence at an institution of learning.”

New Hampshire: State Says ‘Miscommunication’ to Blame for Notice Telling Towns to Remove Voters from Checklists | NHPR

The Secretary of State’s office says “miscommunication” is to blame for a message that appeared to direct local officials to strike the names of some voters from checklists without notifying them first. “It was miscommunication, pure and simple,” Deputy Secretary of State Dave Scanlan said. “What should have been a very quiet summer for us has actually been incredibly busy. There are a number of groups that have filed lawsuits against the election laws, and they file those against our office — so we’re dealing with that. We’re dealing with numerous right-to-know requests. We’re trying to train election officials. There’s only so many of us that can go around. You can understand how a miscommunication can take place,” Scanlan added, “and we just have to work harder at it, that’s all.”

New Hampshire: State Sends Mixed Signals to Towns on Rules for Removing Voters from Checklists | NHPR

The Secretary of State’s office had to backtrack this week on its instructions about how to handle voters flagged through the Interstate Voter Registration Crosscheck System. It initially suggested local checklist supervisors could remove people from local rolls without notifying them first. The Crosscheck system is a multi-state database that’s been promoted as a tool to catch potential cases of voter fraud — in part, because it’s designed to flag people who are registered in multiple states. New Hampshire agreed to join the program last year. (The system has been championed by Kansas Secretary of State Kris Kobach, the chair of the Trump administration’s election commission who recently came under fire for alleging that out-of-state voters swayed the outcome of New Hampshire’s elections.)

New Hampshire: Fact Checker: Kris Kobach’s claim that there is now ‘proof’ of voter fraud in New Hampshire | The Washington Post

“Facts have come to light that indicate that a pivotal, close election was likely changed through voter fraud on November 8, 2016: New Hampshire’s U.S. Senate Seat, and perhaps also New Hampshire’s four electoral college votes in the presidential election. … It has long been reported, anecdotally, that out-of-staters take advantage of New Hampshire’s same-day registration and head to the Granite State to cast fraudulent votes. Now there’s proof.”
— Kris Kobach, vice chairman of the Presidential Commission on Election Integrity, in an op-ed in Breitbart, Sept. 7, 2017

The Fact Checker has kept close track of claims of widespread voter fraud, one of President Trump’s favorite talking points from the campaign and from the White House. Over and over again, we found little to no evidence to support his claims of voter fraud that is prevalent enough to tip elections, as he claims. Kobach, the Kansas secretary of state, is now leading the charge to investigate voter fraud in the U.S. electoral system. And he claims to have finally found the smoking gun. So of course, we checked it out.

Is there now proof that shows fraudulent votes tipped the presidential and Senate races in New Hampshire? The short answer: No.

New Hampshire: Judge’s ruling on voting law sets stage for deep, lengthy review of new ID requirements | WMUR

When Hillsborough County Superior Court Judge Charles Temple issued a ruling early Tuesday morning blocking the state from enforcing its new voter registration law, Senate Bill 3, he set the stage for a deep review that is expected to take many months to resolve. Temple is a former University of New Hampshire Law professor appointed in 2013 by then-Gov. Maggie Hassan. In the Tuesday order, he denied the state’s attempt to dismiss a lawsuit by the state Democratic Party, League of Women Voters and three individual plaintiffs. With a special election for a New Hampshire House seat scheduled for Tuesday, the judge heard arguments on the dismissal motion and the plaintiffs’ attempt to block the law on Monday afternoon, concluding at 4:30 p.m, and then told the attorneys that he’s have a ruling out by 8 a.m. Tuesday.

New Hampshire: Facts Win: Why a New Hampshire judge blocked the state’s new voter suppression law | Slate

On Tuesday morning, President Donald Trump’s “election integrity” commission was preparing to meet in New Hampshire when a state court issued a major ruling: New Hampshire’s harsh new voting restrictions, which would impose fines and jail time on voters who fail to provide certain documentation, cannot be enforced in Tuesday’s special election. According to the court, the law’s penalties likely violate the state constitution, which guarantees all adult residents “an equal right to vote in any election.” The court’s order constituted an oblique rebuke to the commission’s very purpose. New Hampshire’s GOP-controlled legislature passed its voter suppression law in response to Trump’s allegations that mass voter fraud swung the state against him in 2016. Trump formed his voter fraud commission to prove that such fraud gave his opponent millions of illegal votes in the Granite State and beyond. Just last week, commision co-chair Kris Kobach claimed he had “proof” that votes were stolen in the state. Now a court has examined the evidence—and found no such proof. The decision is a well-timed reminder that this administration’s wild claims of voter fraud cannot stand up to even the slightest scrutiny.

New Hampshire: Judge says new voting law can take effect, but blocks penalties as ‘severe restrictions on right to vote’ | WMUR

A judge early Tuesday allowed the state to use new voting registration forms and impose new tightened ID requirements as called for in a law passed earlier this year, but blocked the penalties called for in the law from taking effect. Judge Charles Temple ruled that the penalties of $5,000 and a year in jail for fraud outlined in Senate Bill 3 “act as a very serious deterrent on the right to vote, and if there is indeed a ‘compelling’ need for them, the Court has yet to see it.” Temple granted a request by the League of Women Voters and New Hampshire Democratic Party regarding the penalties of Senate Bill 3, but allowed the law to take effect in time for the use of new voting forms in a special New Hampshire House election in Belknap County. Further hearings on the merits of the law will be held at a future date. Read the full order here.