Sept. 30, 2024:

ACLU, voting rights groups [including the League of Women Voters NH and our national organization LWV-US], and voters file federal lawsuit challenging unconstitutional New Hampshire voting law

Anti-voting rights law signed earlier this month by Governor Sununu is among the most restrictive in the United States

Law is not due to take effect until after the November 2024 election

For Immediate Release:
September 30, 2024

Contact:
Ari Mischik, ACLU of New Hampshire, ariana@aclu-nh.org

Inga Sarda-Sorensen, ACLU National, 347-514-3984, isarda-sorensen@aclu.org 

CONCORD, N.H. — The ACLU of New Hampshire, American Civil Liberties Union, and Ropes & Gray LLP filed a federal lawsuit today challenging HB 1569, a new, significant, and unconstitutional change to New Hampshire’s voting laws that would create needless barriers to vote and remove some options that people are able to use when registering to vote.

The groups represent the Coalition for Open Democracy, the League of Women Voters of New Hampshire, the Forward Foundation, and five current and future voters.

Under current state law, a person registering to vote who does not have certain documentation can sign a sworn statement at the polls in order to cast their ballot. But, under HB 1569, that option will be removed, likely leading to eligible voters getting turned away at the polls and leaving them wholly unable to vote.      

“Voting is the cornerstone of our democracy — and laws like this, which create unconstitutional roadblocks to voting and which could stop thousands of eligible voters from participating in an election, have no place in our state,” said Henry Klementowicz, deputy legal director at the ACLU of New Hampshire.

Despite the proven accuracy, reliability, and security of New Hampshire’s elections, HB 1569 introduces fundamental changes to the state’s election law that will make it materially harder, if not impossible, for thousands of New Hampshire citizens to exercise their right to vote — changes that violate the First and 14th Amendments of the U.S. Constitution.

This unnecessary new law would, for example, require documentary proof of citizenship for voter registration — documents like a passport or birth certificate that many people do not have. 

Many New Hampshire would-be voters lack ready access to documents (like a birth certificate or passport) to prove citizenship, and their sworn statements have historically been a vital tool for those registering to vote — enabling hundreds, if not thousands, of citizens to vote in the most recent presidential elections, virtually without demonstrated fraud. 

HB 1569 is one of the most restrictive voting laws in the entire United States. No state has successfully done what this law attempts in imposing a documentary proof of citizenship requirement to register to vote for federal elections without an affidavit option.  

Federal courts have weighed in on this issue previously, determining that a similar Kansas law, which imposed a proof of citizenship requirement for state and federal elections, violated both the U.S. Constitution and National Voter Registration Act of 1993.

“By requiring documentary proof of citizenship for both state and federal elections, HB 1569 will impose one of the strictest voter registration schemes in the nation and make New Hampshire a clear outlier among the states,” said Jacob van Leer, staff attorney with the national ACLU’s Voting Rights Project.

“We are pleased to be working with the ACLU of New Hampshire and to represent the plaintiffs in this lawsuit seeking to vindicate their constitutionally protected rights to register to vote and access the ballot without undue hassle and burden,” said Patrick Roath, associate at Ropes & Gray LLP.

HB 1569 would also change “voter challenges,” which could disqualify certain ballots from being counted at all and would deprive voters of due process when challenging a ballot. 

Under current law, a prospective voter whose eligibility is successfully challenged by a peer voter (or political-party appointed challenger) is permitted to cast an eligible ballot through a Challenged Voter Affidavit, sworn under the penalties of voter fraud and perjury. 

HB 1569 entirely removes the right to vote by Challenged Voter Affidavit. Without the availability of this affidavit, any otherwise eligible voter can be disenfranchised if a moderator decides a voter challenge is “more likely than not” to be “well grounded,” a vague standard undefined in HB 1569, without any articulated standard of review or meaningful, readily available right of appeal. This change violates the Equal Protection and Due Process Clauses of the 14th Amendment of the U.S. Constitution. 

HB 1569 is not scheduled to go into effect until after the November 2024 election.

Liz Tentarelli, president of the nonpartisan League of Women Voters New Hampshire, said, “HB 1569 is dangerous for our state and our democracy. This newly enacted voter registration requirement creates confusion, raises doubts for voters, and leaves them feeling hampered by the process. Instead of creating unnecessary barriers to voters, we need our elected officials to advance meaningful legislation that ensures New Hampshire voters can make their voices heard.”

Olivia Zink, executive director of Open Democracy NH, said, “New Hampshire elections are safe and secure. New Hampshire voters take pride in their elections and have no reason not to trust the results in 2024. HB 1569 will make New Hampshire’s voter registration system one of the most restrictive in the country. New Hampshire voters deserve better.”

Celina Stewart, CEO of the League of Women Voters of the United States, said, “Excessive and unnecessary voting laws only serve to burden the most vulnerable communities, and create barriers where there shouldn’t. New Hampshire’s HB 1569 voting law does not protect democracy, and instead harms it by making it harder for people to exercise their right to vote.”

Julianne Gadoury, executive director of The Forward Foundation, said, “New Hampshire politicians are yet again using unfounded rhetoric to push for laws that make it harder to vote and take away our freedoms. HB 1569 is just another example of these efforts. But here’s the truth — voting in New Hampshire is already safe, secure, and accurate. Our vote is our power and our future. This new law will put a burden on election officials to turn voters away and make it more difficult — or even impossible — for hardworking eligible Granite Staters to have all the documents they need to register to vote.”

View filed court documents here: https://www.aclu-nh.org/sites/default/files/field_documents/complaint_4.pdf 

View this press release online here: https://www.aclu-nh.org/en/press-releases/aclu-voting-rights-groups-and-voters-file-federal-lawsuit-challenging 

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July 26, 2024: More support for the League’s lawsuit against the robocalls perpetrators. https://apnews.com/article/ai-robocalls-new-hampshire-kramer-824af9ff9103d0f5c74deb371011cb87

March 14, 2024: Today the League of Women Voters New Hampshire, the national League of Women Voters, and several individuals filed suit in federal court in NH against the perpetrators of the faked Biden robocalls just before the January presidential primary. Read the details here: https://www.lwv.org/newsroom/press-releases/lwv-files-federal-lawsuit-against-ai-generated-robocalls-sent-eve-new

Feb. 20, 2024:  League members have been testified in House Election Law on a number of bills this year. Today 3 members of League were among those opposing HB1569. Article from NHPR gives more info: https://www.nhpr.org/nh-news/2024-02-20/election-workers-advocates-pan-bill-barring-use-of-affidavits-to-attest-to-voting-status?mc_cid=f88ba1f85c&mc_eid=df37510e64

June 27, 2023:  Good news for voting rights! The US Supreme Court ruled 6-3 in the Moore v. Harper case. The ruling says that state legislatures are not immune from state judicial review of election-related laws. The case was based on a North Carolina gerrymandering issue in 2022. The North Carolina Supreme Court had ruled the new maps were drawn by the legislature to disadvantage and Democrat minority voters. And that’s when it moved to the federal level.

The NC supreme court ended up reversing that decision earlier this year, only because in that state justices are elected and the party makeup of the state supreme court had changed. SCOTUS could have decided not to rule at all, as the case was now moot. Wisely they didn’t, clarifying well in advance of the 2024 election year that legislatures can’t just do anything they please about elections, that they are subject to court challenges and review.

May 17, 2023: LWVNH president Liz Tentarelli was interviewed for this story about voter registration and voter turnout. https://www.publicnewsservice.org/2023-05-17/civic-engagement/voter-registration-rates-highest-in-20-years/a84504-1

October 26, 2022: League of Women Voters New Hampshire has joined all 49 other state Leagues and the national League in an amicus brief in the Moore v. Harper federal case (independent state legislature theory). Read the press release here.

***March 31, 2022: Press release from NH Campaign for Voting Rights, including statement from League of Women Voters NH.

The New Hampshire Campaign for Voting Rights Calls for the Senate to Stop Legislation That Could Prevent Overseas Military Members from Voting

SB 418 would also make it harder for eligible voters to register to vote at the polls, and allow the government to know how someone voted.

CONCORD – Today, the New Hampshire Senate will vote on SB 418 which would create a system of ‘affidavit ballots’ for voters who are registering in New Hampshire for the first time

at the polls by signing an affidavit or anyone who forgets their ID on election day. The system would create a separate track for ‘affidavit ballots’ where a specific ballot is assigned to a specific voter. That system would undermine the right to a private ballot, especially in small towns where a particular ballot may be traced back to the voter. Senate Republicans voted the bill out of committee 3-2.

 The New Hampshire Campaign for Voting Rights released the following statement:

“This rushed and poorly conceived bill threatens the New Hampshire presidential primary, and could allow elected officials to know who someone voted for. This law would create unnecessary burdens for eligible voters, and it is unfathomable that New Hampshire Senate Republicans voted a bill out of committee that could prevent military members serving our country overseas from voting. To prevent potentially disenfranchising service men and women serving abroad, our  full Senate should vote SB 418 down when it goes to the floor today.”

Ed Friedrich, a Marine Corps veteran, said:

“New Hampshire voters deserve to know that the privacy of their ballot is protected, and military personnel who are overseas protecting our freedom and democracy should not be disenfranchised because of partisan politics. My grandson who serves in the Navy relies on timely UOCAVA ballots to make sure he still has a voice in the government he serves. The Republican state senators supporting this bill should reconsider its consequences for members of the military and our democracy.”

Hon. Paul Bergeron, State Representative and fmr. Nashua city clerk, said:

“As the former Nashua City Clerk, I know from personal experience that this bill would create a massive burden for election officials across our state. SB 418 would cause confusion around the process to register voters at the polls on Election Day, leading to long lines at the polls and inevitably voters leaving the polling place without casting their ballot. It would also implement a ballot tracking system that is both cumbersome and could possibly allow election officials to know exactly how individual members of their community voted. 

“Further, SB 418 could disqualify New Hampshire from its motor voter exception as part of the National Voting Rights Act of 1993. Losing the exemption would mean a whole new system of running elections in New Hampshire and would cost the state millions.”

Frank Knaack, Policy Director at the ACLU of New Hampshire, said:

“SB 418 would pose new, unconstitutional, unnecessary burdens on the right to vote in New Hampshire—including by creating unnecessary affidavit ballots, requiring paperwork returns under deadline, and generally making it harder and more burdensome to vote. This bill has the potential to impact thousands of voters at a time when our elections are already safe, secure, and reliable. There is no reason to impose these needless burdens on New Hampshire voters, and we ask each state senator to oppose this bill.”

Liz Tentarelli, President of the New Hampshire League of Women Voters, said:

“There are many reasons that a voter might not have all the documentation needed to register to vote, but that voter may in fact be eligible to register. Any legislation that disqualifies an eligible voter is unconstitutional and the Senate should vote immediately to defeat it.”

Background:

Among many known issues with this bill, the Senate Election Law and Municipal Affairs committee failed to address a known issue in SB 418 that was brought up in the committee hearing that would delay final primary election results beyond the mandated timeline for sending out ballot under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). The delay coupled with New Hampshire’s short period between the September primary election and the general election could potentially prevent ballots from being sent to overseas military personnel in time for the 45 days before the general election deadline.

The New Hampshire Campaign for Voting Rights is a coalition of state and national advocacy organizations, voters, attorneys and watchdog organizations working to ensure and preserve the right to vote for every Granite Stater, and is a project of America Votes New Hampshire.

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***Feb. 22, 2022: Leader of PeterboroPlus unit of LWVNH had a detailed op-ed in the Monadnock Ledger Transcript about Fair Maps. Read the op-ed by Kate Coon here.

***Nov. 18, 2021: League president is quoted in this Concord Monitor article about a bill coming up in the NH House in 2022 to do away with ballot counting machines and allow only hand counting of ballots in NH. Read the article by Rick Green here.

***Nov. 9 and 10, 2021: the following op ed about Congressional gerrymandering by LWVNH president Liz Tentarelli ran in the Union Leader and the Concord Monitor respectively (with minor edits in each): Click here for the op ed.

***September 9, 2021:  The LWVNH and the Fair Maps coalition issued this press release today in response to the planned “public listening sessions” of the House Special Committee on Redistricting, announced with little notice and no provision for remote participation. Click here for the press release.

***August 12, 2021: LWVNH president Liz Tentarelli participated in a press call this morning about redistricting, along with our colleagues in the NH Campaign for Voting Rights. InDepthNH reported on our remarks: http://indepthnh.org/2021/08/12/groups-want-fair-and-transparent-redistricting-process/

Below is the press release and here is the Youtube video of the Census Bureau’s announcement: https://www.youtube.com/watch?v=us6Qzzps5l4

FOR IMMEDIATE RELEASE: August 12, 2021   Fair Maps Statement on Release of Census Legacy Data

CONCORD- Today, the US Census Bureau will release the long-delayed legacy data, signaling the official start of the 2021 redistricting process. This data will be used to help shape our state’s legislative districts for the next 10 years. Unfortunately, past redistricting processes have been held largely behind closed doors, with politicians drawing maps that benefit their party’s hold on power instead of faithfully representing the people of New Hampshire. New analysis from the ACLU confirms that the last round of redistricting produced gerrymandered districts at the State Senate and Executive Council level.

This morning the Fair Maps coalition laid out a road map detailing how the state legislature can break the cycle of a secret, messy, and chaotic process and instead create a fair, accessible, and transparent redistricting process. The common sense guidelines outlined below are the only way to ensure the public is truly heard as part of the map-drawing process. Every Granite Stater will be affected by new maps, and all of them deserve the opportunity to have their voice heard during the process.

A Fair, Accessible, Transparent Redistricting Process Roadmap

Public accessibility and transparency builds public trust

1. The committee must hold at least one public meeting in each county prior to drawing any maps and at least one public meeting in each county after releasing any draft maps.

a. The committee must publicly announce its meetings at least seven days prior to their date

b. Meetings or hearings must have virtual accessibility as well as the ability for video testimony

2. The committee must create an online portal to allow the public to:

a. Stay informed of any meetings or hearings as they are scheduled

b. Submit alternative maps and plans

c. Submit written comments

d. View other written comments and maps

3. The committee must immediately make any data used for redistricting available to the public.

4. The committee must follow criteria for map drawing in the following order of priority:

a. Districts shall comply with the United States Constitution and all applicable federal laws.

b. Districts shall be drawn on the basis of total population.

c. Districts shall comply with the New Hampshire Constitution and all applicable state laws.

d. Districts shall form single boundaries and shall not be bisected or otherwise divided by other districts, and shall respect the geographic integrity of political boundaries to the extent practicable without violating the requirements of state law or any preceding subdivisions.

e. Commissioners shall consider the integrity of communities of interest to the extent practicable. For purposes of this section a community of interest is defined as an area with recognized similarities of interests, including but not limited to racial, ethnic, economic, social, cultural, geographic or historic identities.

Communities of interest shall not include common relationships with political parties or political candidates.

f. Districts shall be drawn in compact shapes if possible.

###  Fair Maps is a coalition of organizations fighting to give power back to the people of New Hampshire through the establishment of an independent, fair, and transparent redistricting process.

***July 2, 2021: NBCnews.com reported on the New Hampshire Supreme Court’s ruling on SB3. Read it here.

***July 2, 2021: As we approach our nation’s Independence Day, the New Hampshire Supreme Court’s ruling declaring SB3 unconstitutional is a fitting reminder that voting rights are at the heart of our democracy. Today’s ruling struck down a harmful voter registration law designed to penalize voters and limit who can participate in our elections. The League of Women Voters of New Hampshire was one of the original plaintiffs in this case, and while we are pleased with this verdict, we must ensure that further attempts to restrict voting rights in New Hampshire will be curtailed by this ruling. We will continue to be vigilant if more voter suppression bills move forward in committee hearings this fall.

***June 29, 2021: League participated in a press call preceding today’s first work session of the House Special Committee on Redistricting. We discussed our expectations for transparency, accessibility, and fairness in the redistricting process. Following the work session the NH Fair Maps coalition released this statement:

Fair Maps Statement on House Redistricting Committee Hearing :  Legislature should commit to a transparent redistricting process 

CONCORD- This morning the Fair Maps coalition laid out a road map for fair, accessible, and transparent redistricting in New Hampshire to ensure public trust in the process. These common sense process guidelines are the only way to ensure the public is part of the map-drawing process. Every Granite Stater will be affected by new maps, and all of them deserve the opportunity to have their voice heard during the process. 

Today, at its first committee work session since March, the House redistricting committee neglected to set any processes or guidelines for redistricting.  While we are pleased to see the committee make a commitment towards implementing some of these key guardrails, like a public website, the resistance to the public being able to access meetings remotely is troubling and there are many more steps that must be taken to ensure public trust in this process, as outlined below: 

A Fair, Accessible, Transparent Redistricting Process Roadmap

Public accessibility and transparency builds public trust  

The committee must hold at least one public meeting in each county prior to drawing any maps and at least one public meeting in each county after releasing any proposed maps.

The committee must publicly announce its meetings at least 7 days prior to their date.  Meetings or hearings must have virtual accessibility 

The committee must create an online portal to allow the public to: 

1. 1. Stay informed of any meetings or hearings as they are scheduled

   2. Submit alternative maps and plans

   3. Submit written comments

   4. View other written comments and maps   

   5. The committee must immediately make any census data provided to them available to the public .

      The committee must follow criteria for map drawing in the following order of priority:

      1. Districts shall comply with the United States Constitution and all applicable federal laws.  

      2. Districts shall be drawn on the basis of total population.

      3. Districts shall comply with the New Hampshire constitution and all applicable state laws.

      4. Districts shall form single boundaries and shall not be bisected or otherwise divided by other districts, and shall respect the geographic integrity of political boundaries to the extent practicable without violating the requirements of state law or any preceding subdivisions.

      5. Commissioners shall consider the integrity of communities of interest to the extent practicable.  For purposes of this section a community of interest is defined as an area with recognized similarities of interests, including but not limited to racial, ethnic, economic, social, cultural, geographic or historic identities.  Communities of interest shall not include common relationships with political parties or political candidates.

      6. Districts shall be drawn in compact shapes and shall avoid jagged edges and extensions.

Fair Maps is a coalition of organizations fighting to give power back to the people of New Hampshire through the establishment of an independent, fair, and transparent redistricting process.

Union Leader covered the event here: https://manchesterunionleader-nh.newsmemory.com?selDate=20210630&goTo=A03&artid=0

***May 19, 2021:  League participated in a press conference about an awful amendment to a good election law bill (SB89). Watch the press conference here. Later that morning League testified, as did others, in opposition to the amendment. The House Election Law committee, however, voted to include the amendment. We must now oppose SB 89.

March 9, 2021:  Union Leader article about the voter suppression bills heard in the Legislature on March 8. LWVNH president Liz Tentarelli is quoted near the end. https://manchesterunionleader-nh.newsmemory.com?selDate=20210309&goTo=A02&artid=0

Feb. 1, 2021. Here is the statement issued by League and other members of the Fair Maps coalition in NH:   Headline: Just Days After Introduction, Senate Republicans Vote to Kill Bipartisan Advisory Independent Redistricting Commission.

CONCORD- Today [2/1/2021] the Senate Election Law & Municipal Affairs Committee voted SB 80–which would establish an independent advisory commission on redistricting–inexpedient to legislate. This 3-2 vote took place on partisan lines just days after the bill was introduced. 

Following the committee’s vote, Liz Tentarelli, Fair Maps Coalition member and President of the League of Women Voters New Hampshire, released the following statement:

“The speed at which this bipartisan bill was rejected should concern all Granite Staters. Politicians should not be able to make backroom deals that rig the balance of power for the next ten years. The redistricting process must be thrown open to the public otherwise we risk serious damage to our state’s democracy. Legislators must take meaningful steps to ensure transparency by changing course and passing SB 80 and other pro-transparency redistricting bills like HB 121 and HB 428.”

### Fair Maps is a coalition of organizations fighting to give power back to the people of New Hampshire through the establishment of an independent, fair, and transparent redistricting process.

August 23, 2020. Nearing the centennial of women securing the vote, this Union Leader article on the Equal Rights Amendment includes NH female leaders and the League of Women Voters NH. https://www.unionleader.com/news/history/the-era-overdue-or-overreach/article_b8bab5e1-0480-57ea-b527-a84e6edca6b9.html