Democratic lawsuit – SB3

Byrich green

Democratic lawsuit – SB3

On June 8, the Republican-sponsored New Hampshire Senate Bill 3, which may complicate same-day voter registration for New Hampshire college students, …… passed in the state Senate 14-9. It was signed into law in July.  The bill changes what domicile means in the context of voting and stipulates that proof of residence is required for same-day voters, including a written statement that verifies voters’ home addresses. It also authorizes government agents to visit a voter’s home to make sure that it is the voter’s primary residence.  A domicile exception is typically extended to college students.  SB3 is designed to tighten this up by requiring that college students provide letters, or other paperwork, proving their domiciliaries when they register to vote.

The NH Democratic party, the League of Women Voters and three individual voters are suing the state over this law, under a single lawsuit, which they believe will keep people who are legally entitled to vote from voting.

In September, Hillsborough County Judge Charles Temple placed a temporary restraining order on the state to keep officials from imposing any of the criminal penalties part of the law.  “The average voter seeking to register for the first time very well may decide that casting a vote is not worth a possible, $5,000 fine, a year in jail, or throwing himself/herself at the mercy of the prosecutor’s discretion.  To the Court, these provisions of SB3 act as a very serious detriment on the right to vote, and if there is a “compelling” need for them, the Court has yet to see it.” Temple wrote.

Trial is scheduled to begin on August 20, 2018.

In spite of this lawsuit, on Jan 3, the Senate passed HB372, which further tightens eligibility requirements for voters.

The state of NH has refused to comply with a request for a voter database, which the plaintiffs believe will prove that there is no issue to address. The state claimed that the information is not relevant to the case at hand and it contains privileged information that cannot be released.

In April, Judge Temple rejected these arguments  and compelled the state to hand over the electronic voter database as well as make available communications about the law as it is being legislated.  In addition, a protective order must be crafted to keep sensitive information private.

Three Republican legislators involved in crafting SB3 – Kathleen Hoelzel, Barbara Griffin & Regina Birdsell – filed motions to squash subpoenas seeking information that they had proving or disproving instances of voter fraud before last year’s vote.

The parties are having difficulty agreed upon the content of the protective order.  Asst Attorney General Anne Edwards wants the court to support keeping dates of birth, dates of naturalization and places of birth out of the public record when the database is handed over to the plaintiffs.  The plaintiffs filed a motion in response.

A hearing on the protective order was held on May 8.  At that hearing, Judge Temple suggested that he recuse himself as the judge in this case going forward due to a close friendship with Attorney Byron Gould, who was recently hired by the state Attorney General’s office.  The litigants suggested instead that Attorney Gould be barred from the case.

And the saga continues …..

Per the NH Grassroots Newsletter of Jan 2:

“Why this matters: On November 28th, an amendment to HB 372, authored by Republican Senators Regina Birdsell and Jim Gray, passed the Senate Election Law Committee on a 3-2 party-line vote. The bill would redefine “domicile” status for voting purposes, effectively forcing registrants to declare residency upon registering to vote, chilling the right to vote for college students in New Hampshire. By forcing students to declare residency, this bill would act as a de facto poll tax, moving the goal posts on students who are legally allowed to vote in New Hampshire.”

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