New Hampshire: Court Strikes Down New Hampshire’s Voter Residency Law | Governing

The New Hampshire Supreme Court Friday unanimously struck down a 2012 state law that required voters be state residents, not just domiciled here, in order to vote. “Today’s ruling acknowledges that elections should be free, fair and accessible to all people in a democracy,” said Gilles Bissonnette, of the American Civil Liberties Union of New Hampshire (ACLU-NH). The state had appealed two lower court decisions that ruled in favor of four voters and the League of Women Voters who claimed the law violated the state constitution. “We’re reviewing the decision,” said Assistant Attorney General Stephen G. LaBonte, who represented the state. “We have no comment at this time.”

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: 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: 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: State Supreme Court to take up voter registration law dispute | SeacoastOnline.com

The state Supreme Court on Monday agreed to hear a dispute over New Hampshire’s new voter registration law. The law, passed by the Republican-dominated Legislature over Gov. John Lynch’s veto, requires new voters to sign a statement saying that they declare New Hampshire their domicile and are subject to laws that apply to all residents, including laws requiring drivers to register cars and get a New Hampshire driver’s license. A Strafford County Superior Court judge last week sided with out-of-state college students and civil liberty groups who challenged the law and ordered the secretary of state’s office to remove the paragraph about residency laws from the voter registration form. That prompted the attorney general’s office to ask the state Supreme Court to put the lower court’s ruling on hold and to review the case itself. The high court agreed Monday and set a deadline of the end of the day Thursday for the parties to file responses.

New Hampshire: New Hampshire Supreme Court to take up voter registration law dispute | SeacoastOnline.com

The state Supreme Court on Monday agreed to hear a dispute over New Hampshire’s new voter registration law. The law, passed by the Republican-dominated Legislature over Gov. John Lynch’s veto, requires new voters to sign a statement saying that they declare New Hampshire their domicile and are subject to laws that apply to all residents, including laws requiring drivers to register cars and get a New Hampshire driver’s license. A Strafford County Superior Court judge last week sided with out-of-state college students and civil liberty groups who challenged the law and ordered the secretary of state’s office to remove the paragraph about residency laws from the voter registration form. That prompted the attorney general’s office to ask the state Supreme Court to put the lower court’s ruling on hold and to review the case itself. The high court agreed Monday and set a deadline of the end of the day Thursday for the parties to file responses.

New Hampshire: Attorney General to appeal judge’s order on out-of-state student voting | SeacoastOnline.com

The New Hampshire attorney general will appeal a Strafford County Superior Court ruling Monday that put on hold a new voter registration law that opponents claimed would disenfranchise nonresident college students. Secretary of State Bill Gardner, who supported the law that the Republican-dominated Legislature passed over Gov. John Lynch’s veto earlier this year, said he was told by the attorney general’s office that it would challenge Judge John Lewis’ decision. The ruling was issued after the state and the plaintiffs failed to come up with an agreement to remedy the dispute last week. In an eight-page decision, Lewis said the law did not pass “constitutional muster” and ordered the state to issue new voter registration forms without the language that required newly registered voters to acknowledge they are subject to all residency laws, including driver’s license and auto registration laws.

New Hampshire: Court rules out-of-state students have right to vote in New Hampshire | NEWS06

Strafford County Superior Court Judge John Lewis ruled Monday that out-of-state students have the right to vote in New Hampshire, a decision immediately criticized by top Republican legislators. “New Hampshire citizens have a right to elect individuals of their own choosing,” House Speaker William O’Brien said in a joint statement with Senate President Peter Bragdon. “Allowing non-residents into New Hampshire to dictate who will be our presidential choice, who shall be our governor, and who shall represent us in the Legislature takes away our voting rights.” He added: “Legislating otherwise from the bench to say there are two classes of voters — all of us who reside in New Hampshire, and those residents of other states who choose to vote here because we are a battleground state — is judicial activism of the worst sort. The Supreme Court needs to act quickly to restore the voting rights of New Hampshire’s citizens” The law — passed in June by a Senate override of Gov. John Lynch’s veto — required people to sign a form declaring New Hampshire as their domicile.

New Hampshire: Judge expects to rule today on New Hampshire voter residency law | NEWS06

While he was leaning toward siding with four college students, Superior Court Judge John Lewis won’t decide until this afternoon whether out-of-state students need to establish residency to vote here. Lewis heard arguments Wednesday about a new law — originally filed as Senate Bill 318 — which requires people to sign a form declaring New Hampshire as their domicile. As a result, voters would be subject to all state laws, including having to register their vehicle and obtain a New Hampshire driver’s license within 60 days of coming to live in the state. Between 1979 and 2007 students were allowed to vote in New Hampshire while maintaining residency in other states. The law was changed in June after the Legislature overrode Gov. John Lynch, who had vetoed the bill. “This is a serious decision,” Lewis said, adding both sides have until this afternoon to file any additional arguments, evidence or information before he makes a ruling.

New Hampshire: Challenge to voter ID law considered | NEWS06

After reportedly receiving complaints from voters in nearly two dozen communities regarding the state’s new voter ID law, the League of Women Voters and the New Hampshire chapter of the Civil Liberties Union are contemplating a legal challenge. Claire Ebel, executive director of the New Hampshire Civil Liberties Union, said the complaints ran the gamut from signs in polling places saying identification was required, to some voters claiming they were told they had to show a photo ID before they could vote. “The debacle that occurred in some places yesterday may impact the decision on whether to challenge the voter ID law,” Ebel said yesterday. “Information given (Tuesday) may give more credence to challenging that law.”

New Hampshire: Governor Lynch allows voter ID law to pass without his signature | Nashua Telegraph

Gov. John Lynch let become law without his signature Friday a key change in the new requirement that voters will be asked for a photo ID at the polls this fall. The change means that those casting ballots who don’t have an ID will have to sign an affidavit under penalty of perjury that they are who they claim to be and that they live in the voting district. Legislative leaders passed this second bill, HB 1354, after Lynch had vetoed an earlier voter ID bill, SB 289, because that bill would have required those without an ID to answer many more questions on a different affidavit including about their past immigration status. Two weeks ago, the Republican-led Legislature passed the original voter ID law over Lynch’s veto.

New Hampshire: Photo ID still has federal hurdle | NEWS0604

Lawmakers and others were celebrating the override of Gov. John Lynch’s veto of the photo identification bill, but the celebration may have come a little too early. The pending law must be reviewed by the U.S. Department of Justice because any significant changes in state election laws — and requiring photo identification is a significant change — have to be reviewed. New Hampshire — the only Northern state affected — and 15 other states are subject to Section 5 of the Voting Rights Act of 1965, which seeks to eliminate discriminatory voting practices that bar or hinder voting by minorities. New Hampshire was snagged in the 1968 presidential election when 10 towns were identified with less than 50 percent of adults voting in the a presidential election, a violation of the act.

New Hampshire: Attorney General Holder could block Voter ID | New Hampshire Watchdog

U.S Attorney General Eric Holder could be the last hurdle between New Hampshire and its new Voter ID law. Granite State lawmakers may have overcome the objection of Governor John Lynch to the state’s new Voter ID law, but they may still have to get Holder’s permission. Under Section 5 of the Voting Rights Act of 1965, the Department of Justice must “pre-clear” any changes in election laws affecting ten New Hampshire communities. The House and Senate overrode Lynch’s veto to a new Voter ID law on Wednesday, meaning voters will have to show photo identification at the polls this fall, or sign an affidavit that they are who they claim to be. New Hampshire Assistant Attorney General Matt Mavrogeorge tells New Hampshire Watchdog that his office has let Washington know that the new law is on the books. “We’ve been in contact with the lawyers in Washington to let them know about the law,” Mavrogeorge says. “We don’t anticipate any problems.”

New Hampshire: Lynch nixes voter ID; override in the works | NEWS06

Gov. John Lynch on Thursday vetoed a bill that would require voters to show a photo ID or sign a qualified voter affidavit, setting up a showdown with legislators next week. Using a qualified voter affidavit shouldn’t be used to establish a voter’s identity to vote and “will cause confusion, slow the voting process and may result in the inability of eligible voters to cast their vote,” Lynch wrote in his veto message for Senate Bill 289. Handicapping next week’s vote to override the governor’s veto, Rep. David Bates, R-Windham, said, “I think it’s entirely up to the Senate at this point.” Sen. Russell Prescott, R-Kingston, said he would push for the Senate next week to pass a corrections bill to satisfy the governor’s concern by substituting the use of the qualified voter affidavit with a simpler challenged voter affidavit, which is now used to challenge a person’s qualifications to vote. A corrections bill, if approved by the Senate, would go to the House for a vote and on to the governor to sign or veto, he said.

New Hampshire: Governor Vetoes Voter ID Bill | Politics365

New Hampshire’s Democratic governor vetoed a voting law passed by the state’s Republican-controlled legislature today, saying it “would put into place a photo identification system that is far more restrictive than necessary.” The law would have allowed various forms of ID to be used in this November’s election, including student ID. However, only driver’s licenses, state-issued non-driver’s identification cards, passports or military IDs would be allowed in later elections. Residents without photo ID would have been able to sign an affidavit and be photographed by an election official. “We need to encourage all New Hampshire citizens to vote and to participate fully in our democracy,” Gov. John Lynch said in a veto statement. “We also need to ensure that our election laws do not unfairly burden those voters that have recently established a domicile in New Hampshire and are qualified to vote in this state.”

New Hampshire: Governor vetoes voter registration bill | Boston.com

New Hampshire Gov. John Lynch says a bill intended to strengthen the state’s voter registration process would only lead to confusion and could harm the ability of citizens to participate fully in democracy. Lynch on Wednesday vetoed a bill that would require people registering to vote to sign a statement saying that they declare New Hampshire as their domicile and are subject to state laws, including laws requiring drivers to register their vehicles.

New Hampshire: Voter ID bill resisted by town, city clerks | NashuaTelegraph.com

Oops. There’s another glitch in the voter ID bill that’s headed to the desk of Gov. John Lynch. The compromise bill enjoys strong Republican support in the House of Representatives and the Senate. But this was predicated on the measure not facing opposition from the city and town clerks across the state or Secretary of State Bill Gardner. That’s where the hang-up comes in. At the 11th hour, the legislation was changed by House and Senate negotiators. The key language deals with what happens at the general election this November if you don’t have an ID. The compromise requires that you have to sign an affidavit under penalty of perjury that attests you are who you say you are and that you’re eligible to vote at the polling place. The clerks had wanted the affidavit to be the one the Senate had proposed for challenged voters.

New Hampshire: Voter ID plan would take effect in fall, with tighter restrictions later | NashuaTelegraph.com

A new legislative compromise would ask all voters to show a photo identification card before casting ballots in state elections starting this fall. Those voters without an ID would still be able to vote without having to fill out any additional paperwork, but a different, voter ID law would kick in after July 1, 2013. Negotiators literally split this one down the middle creating the legal scheme for 2012 the Senate wanted and then more rigorous voter ID requirements later, which was the desire of House Speaker William O’Brien, R-Mont Vernon.

New Hampshire: House ups ante with voter ID bill | NashuaTelegraph.com

If a voter ID bill fails to emerge from the state Legislature this year, supporters won’t have much trouble figuring out who to blame: their Republican “friends” in the House of Representatives. For perhaps lost in last week’s chaos of a Nazi salute and an insincere apology was the Republican-controlled chamber’s action on a bill to require voters to show a photo ID before getting a ballot. Specifically, it turned aside a Senate-approved bill that had earned the backing of Secretary of State William Gardner and the New Hampshire City & Town Clerks Association in favor of its own version that did not. And since Gov. John Lynch has made it clear he has no intention of permitting such a bill to pass without a veto fight – he already has won four veto showdowns over GOP-sponsored voter ID bills – every vote will count.

New Hampshire: House redistricting plan faces more legal challenges | BostonHerald.com

Two more legal challenges have been filed to the House redistricting plan that redraws the political boundaries for its 400 seats. One suit was filed by nine Republican House members and the other by the town of Gilford and two of its residents. Both claim lawmakers did not follow the New Hampshire constitution requiring communities with sufficient population to have their own representative. The two suits filed this week bring the total to five challenges to the House plan that was vetoed by Gov. John Lynch but overridden by the House and Senate.

New Hampshire: Voter ID bill draws criticism | NEWS06

Supporters of a bill requiring photo identification at the ballot box called it a balancing act between a person’s right to vote and a prohibition on those not qualified. Senate Bill 289 would require voters to present a photo identification to vote after Jan. 1, 2013, but no one would be denied the right to vote, officials said at a public hearing Tuesday before the House Election Law Committee. Qualified voters have the value of their votes diminished when unqualified voters caste ballots, said bill co-sponsor Rep. Daniel Itse, R-Fremont. “Rights come with obligations,” he said. However, opponents far outweighed supporters at the hearing. They said far more people will be discouraged from voting or disenfranchised than any amount of voter fraud the bill seeks to stop. “This is a solution in search of a program,” said former Rep. Joel Winter of Manchester. “This will disenfranchise far more people than the cases of voter fraud to be prevented.”

New Hampshire: Senate reconsiders voter ID bill | The Portland Press Herald

New Hampshire’s Senate is voting next week on whether voters must show photo identification at the polls before casting ballots, but unlike a bill vetoed last year, the latest measure does not contain a provision that would delay the counting of some votes. The New Hampshire Civil Liberties Union says the bill is unnecessary but is not opposing it, and Senate Republican Leader Jeb Bradley expects the Senate to pass it to the House. “There is no need for this bill, but since something is going to pass, this is the most responsible and we believe it is constitutional,” said Claire Ebel of the civil liberties union.

New Hampshire: Voter ID bill has more support | NashuaTelegraph.com

Sen. Russell Prescott, R-Kingston, unveiled a user-friendly voter ID bill Tuesday that could end years of partisan bickering and produce a new mandate for citizens at the polls. Prescott spent last month negotiating with and winning the support of Secretary of State Bill Gardner’s office and the New Hampshire Town and Clerks Association for the framework of a law that would require voters to produce a photo of their likeness before getting a ballot, starting in 2016. “This bill is all about placing a face with a name,” Prescott told the Senate Public and Municipal Affairs Committee Tuesday.

New Hampshire: Rumored Voter ID Laws Confuse Electorate | Huffington Post

As the fight continues over a slew of new voting laws passed by Republicans across the country in 2011 — including requiring voters to present photo identification at the polls, a measure that could hurt Democrats in the 2012 presidential election — the media and political scrum over the issue alone has caused major confusion in some key primary states. In New Hampshire, various voting-rights groups are especially concerned that misinformation mightaffect voters in Tuesday’s primary races.

New Hampshire: Clerks happy photo ID bill vetoed | EagleTribune.com

Town clerks across New Hampshire breathed a collective sigh of relief yesterday after hearing the controversial photo ID bill would not become law. But little did they know the proposal some called “a nightmare” may resurface in the next legislative session. Two local lawmakers intend to file new bills.

The state Senate voted, 17-7, on Wednesday to sustain Gov. John Lynch’s veto of Senate Bill 129. The legislation would have required voters to present a valid photo ID when casting ballots on Election Day. The goal was to eliminate voter fraud. The Legislature passed the bill last spring, but Lynch vetoed it, saying it would have created obstacles for voters.

New Hampshire: New Hampshire Senate Backs Lynch Veto on Voter-ID bill | NHPR

17 to 7 vote kills bill to require people to show a government-issued photo-id before voting. But backers say they’ll push again next year. NHPR’s Josh Rogers reports.

The bill would have allowed voters without identification to cast provisional ballots and given them 2-1/2 days to produce a photo ID. But the Governor called that too high a hurdle for a basic constitutional right. Before the vote, Manchester democrat Lou D’Allesandro told colleagues that bill would discourage qualified voters from casting ballots.

New Hampshire: Voter ID veto gets priority in Legislature | NashuaTelegraph.com

House Speaker William O’Brien, R-Mont Vernon, has yet to decide when the House of Representatives will take up the right-to-work veto of Gov. John Lynch. That’s looking more and more like it will happen later this fall, if not just before the 2012 session begins in January.

But O’Brien does want one veto override to come up much quicker than that: Lynch’s bid to strike down legislation requiring voters to show an ID at the polls. Senate President Peter Bragdon accommodated that Friday, setting Sept. 7 as the date the Senate will take up six vetoes, including the voter ID bill.

New Hampshire: In conservative New England state, voter ID vetoed | peoplesworld

New Hampshire might be the most conservative state in New England, but John Lynch, the Democratic governor, isn’t following the tea-party crowd. He vetoed June 27 a bill that would require all residents to present photo identification before voting.

“There is no voter fraud problem in New Hampshire,” Lynch said upon vetoing the bill. “We already have strong elections laws that are effective in regulating our elections.”

Stricter voting laws have been pushed in New Hampshire and in states across the country by the Republican Party and its tea-party allies. They argue that civic groups like ACORN have manipulated the voting process. Opponents point out that no significant cases of voter fraud have actually been uncovered.

Editorials: Voter-fraud bill misguided, wasteful | SentinelSource.com

QUESTION: What will cost New Hampshire taxpayers $108,670 during the next two years to address a problem that does not exist?

ANSWER: Senate Bill 129, the so-called Voter I.D. bill, which mandates that every voter in the state show photo identification before casting a ballot. The mandate is flawed, because some photo-IDs are deemed okay to use whereas others, such as photo IDs that are provided by town and city employers, are not necessarily okay. Also, the bill doesn’t guarantee secrecy for the provisional ballots that would be required of those voters who must scurry off to get acceptable photo IDs on election day.

However, these are piddling matters compared to the justification for the bill, and here we leave it to D.J. Bettencourt, the House Majority Leader, to argue the case. In a news release issued shortly after Governor John Lynch vetoed Senate Bill 129 this week, Bettencourt wrote: “It is mystifying to me why the governor of New Hampshire, elected to uphold our Constitution, would oppose legislation that would put an end to allegations of voter fraud that surface after every single election in our state.”

Allegations of fraud? How about actual fraud?