A superior court judge has ordered Secretary of State Bill Gardner’s office to turn over the state’s electronic voter database to parties who have charged a 2017 voter registration law restricts the right to vote and is unconstitutional. Hillsborough County Superior Court Judge Charles Temple further ordered state prosecutors and Gardner’s office to turn over email and other communication state officials had with lawmakers during and after they crafted the so-called SB 3 that’s under review. Lawyers for the state maintained the voter database had an “absolute statutory privilege” and could not be disclosed to third parties. But Temple said that while the database is exempt from the Right-to-Know Law that “does not create a statutory privilege against nondisclosure in the course of civil litigation.”
In a 13-page decision, Temple ordered lawyers for both sides to meet and go over what those suing the state are interested in obtaining in the way of correspondence and information on the database.
“The defendants may withhold any clearly irrelevant or privileged documents, but must complete a privilege log and accompanying affidavit..,” Temple wrote.
The New Hampshire Democratic Party, League of Women Voters and some individual residents maintain SB 3 discourages low-income, seniors and young people from voting.