NH Superior Court put penalties for voter suppression law SB 3 on hold, siding with NH Democratic Party
Nashua, N.H. – This morning, Hillsborough County Superior Court South put penalties for violating SB 3 on hold and granted both parties standing, siding with the New Hampshire Democratic Party on both key issues. The decision was a response to NHDP filing a preliminary injunction against the law. The case will now be heard in full, with both plaintiffs granted standing.
SB 3 would impose immense burdens on eligible New Hampshire voters, and is designed to have a disproportionate effect on young people, low-income, elderly and disabled voters who overwhelmingly vote for Democrats.
“This order is a victory for voting rights in New Hampshire. The court’s decision to strip the law of its penalties shows exactly how burdensome and intimidating they are. It proves the state cannot threaten people with criminal prosecution for merely registering to vote,” said NHDP Chair Ray Buckley. “This order offers no good news for the state, who will now have to argue the entirety of this law on the merits. We know the state’s fight is a losing one, and one we will keep fighting, as NHDP has been has granted our day in court.”
“Most importantly, today’s order means voters are protected from the law’s intimidating penalties, continued Buckley. “This victory means that voters can exercise their most fundamental right to have a voice in our democracy without fear or intimidation. If even one voter is disenfranchised, we will stand up and fight it. We don’t intend to disappoint the long list of American heroes and martyrs who have risked so much for the right to have a voice at the ballot box. We are confident the full law will be declared unconstitutional.”
“This is a victory for voting rights. As the Court held, the punishment portion of SB 3 imposed a severe restriction on the right to vote. This portion was particularly problematic because it would have criminalized certain voters who simply do not have the required documentation,” stated Gilles Bissonnette, Legal Director, ACLU of New Hampshire.
“Today’s ruling is a rebuke of the Republican effort to intimidate and disenfranchise New Hampshire voters and a win for voting rights,” said NH Senate Democratic Leader, Jeff Woodburn. “The court’s determination to strip the penalties in SB 3 because they are a serious deterrent to voting is vindication for those fighting to protect the fundamental right to vote. This is a strong first step in what will be a long fight for justice. Senate Democrats remain firm in our commitment to defend the right to vote and will continue to push back against the ongoing attack on New Hampshire voters.”
“Men and women from New Hampshire have fought in foreign lands to protect our rights at home, most importantly our right to vote,” said House Democratic Leader Steve Shurtleff. “The House Democratic Caucus is doing everything we can to protect that right, and we were in full support of the lawsuit brought by the League of Women Voters. Today’s court ruling affirms everything House Democrats have said about SB 3 throughout the process.”
“As the court ruling stated, SB 3 places ‘severe’ restrictions on voters that act as ‘a very serious deterrent on the right to vote.’ The ruling also noted that no ‘compelling’ need for SB 3 was presented to the Court.”
“Laws that deter voters through severe restrictions have no place in New Hampshire, especially when lawmakers cannot present any compelling reason for enacting it. House Democrats will continue to do all we can to protect voters from unnecessary attempts to restrict voter rights,” Shurtleff concluded.
“The right to vote shouldn’t be a partisan issue, but Republicans in Concord are trying to change the way we hold elections so that it’s easier for them to win re-election. Now the New Hampshire Democratic Party is standing up for the thousands of Granite Staters who risk disenfranchisement under SB3, and they should be applauded for that,” said Jason Kander, President of Let America Vote.
“Instead of making an honest effort to earn the votes of New Hampshire college students, Republicans have decided to simply exclude them from the election process. Governor Sununu lost all credibility when he echoed President Trump’s lie that voters were being bussed in from other states to vote for Democrats in 2016. Governor Sununu has made it clear that he doesn’t value the free and fair elections that make up the cornerstone of our democracy, and he should pay for it during his next election.
“New Hampshire voters will make their argument in court for why this unconstitutional voter suppression law has no place in their state, but we also have to take this fight into the court of public opinion. Let America Vote exists to make politicians think twice before excluding eligible voters from elections to create a political advantage. Republican vote suppressors in New Hampshire will feel the legal and political heat of their missteps through the next election cycle,” Kander concluded.
SB 3’s provisions:
- Create two different forms for those registering more than 30 days out from an election and those registering within the 30-day period
- Deny those without paperwork the right to register more than 30 days out from an election
- Force registrants to read & sign a long & confusing document comprehension experts say is written at a graduate-student reading level
- Lengthen lines and dissuade voters from turning out due to the longer and more complicated same-day registration requirements
- Mandate that voters who signed an affidavit bring evidence to verify their intent to remain in the state within 10 days after an election
- Subject those who failed to deliver that evidence within 10 days to investigation and possible civil and criminal penalty of and a $5,000 fine
- Appoint investigators, who could be anyone from police to the town conspiracist, to come to your door in their completion of a voter fraud investigation against you
SB 3 is the first voter suppression law passed in the Trump era. It was based on the “belief” of voter fraud rather than any evidence. President Trump and Governor Sununu’s lies about Democrats busing voters across the state border to vote illegally created a pretext for this suppressive law. Sununu signed it into law in July.