While other states have started sending voter information to President Donald Trump’s commission investigating election fraud, a judge will determine whether New Hampshire will comply. A hearing is set for Monday in a lawsuit filed by two lawmakers and a civil liberties group hoping to stop Secretary of State Bill Gardner from sending voter roll data to the Presidential Advisory Commission on Election Integrity. The case, filed early last month, had been on hold pending the outcome of a similar lawsuit in Washington. In that case, a judge denied the Electronic Privacy Information Center’s request to block the data collection, though the advocacy group is appealing the ruling.
In New Hampshire, the state attorney general’s office plans to submit its response to the lawsuit at the hearing. Gardner, a member of Trump’s commission, has said he believes sending the information is legal under a provision that allows the secretary of state to enter into agreements with other states or groups of state for the purpose of comparing duplicate voter information.
But in their lawsuit, Republican Rep. Neal Kurk, Democratic state Sen. Bette Lasky and the American Civil Liberties Union of New Hampshire argue that doesn’t apply, because the commission is not a group of states and its purpose is not to compare duplicate voter information.