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NH Superior Court Blocks Penalties Within SB 3 (Voter Suppression Bill)

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.

SB 3 Is Only About One Thing: Voter Suppression

Voter intimidation leads voter suppression and that leads to people losing their voice in our democracy.

The New Hampshire House is now considering a bill, SB 3, that was forced through the Senate, straight down party lines, would make it harder for people to vote.

For years the Republican Party has been pushing to “strengthen” our voting laws. By “strengthening” I mean they are trying to block typically Democratic voters from being able to exercise their Constitutional right to vote.

Research shows that in higher turnout elections Democrats do better. So Republicans will do anything to keep the voter turn out small in an effort to gain a political advantage.

First they passed the restrictive Voter ID law requiring every voter have a valid New Hampshire ID in order to vote.

Now they are working to change the “domicile” language to protect New Hampshire elections from they myth of voter fraud.

Much of this voter fraud debate has stemmed from the false accusations by Donald Trump, and echoed by Governor Chris Sununu, that “busloads” of voters are being brought into New Hampshire from Massachusetts to sway our elections. Trump, Sununu, and the entire NH Republican Party are using the sheer number of same-day voter registrations as the basis for their claim of voter fraud.

SB 3 requires new voters to show proof of their “domicile” by providing supporting documentation like a utility bill with their name and address on it.

This alone is difficult for college students who live in the dormitories, as their mailbox is not specific to where they reside on campus.

Does this minor detail enough to confuse a college student about their eligibility to vote? Is this enough to keep them from voting entirely?

Proponents of the bill say that all you need to do is sign the form and then return to the town hall with proper documentation within 10 days. If you fail to do this, you could be subject to fines or possible jail time. The town may even send someone to you home to verify your address. At one point the Senate wanted to send armed police officers to your house if you filed a domicile affidavit.

So why are so many people against this bill?

For starters, the GOP are attempting to solve a problem that does not exist. They are spreading wild accusations that out of staters coming to NH on Election Day to vote. Over the last decade there has only been 2 cases of voter fraud out of thousands and thousands of ballots cast.

They are trying to suppress the vote through intimidation and threat of jail time for those who register to vote on Election Day. Our domicile laws are pretty straight forward now: If you are domiciled in New Hampshire on Election Day you can vote in local elections. This means that students at UNH can claim NH as their domicile and vote in NH elections.

Republicans continue to say that they one want people to vote who “have a stake in the community.”   Are Republicans trying to say that a college student who lives in NH, attends school in NH, and works in NH for more than nine months of the year, does not have a stake in the community?

Both parties should be working on expanding access to the polls not restricting it. We should make it easier for people to register to vote by tying voter registrations to driver’s licenses and allowing people to register to vote online.   This alone could reduces long lines at polling places and is much easier to track that paper copies.

But because Republicans really only want to rig the system for their own gain, they refuse to make online registration available.

Intimidating voters and attempting to suppress the vote is the foundation of SB 3 and that is why our elected representatives must reject this harmful piece of legislation.

Senate Democrats’ Comments on Senate GOP Making it Harder to Vote

CONCORD — Senator Bette Lasky, Senator David Pierce and Senator Molly Kelly condemned the passage of Senate Bill 179, which imposes an unconstitutional burden on the right to vote.

 

“This bill will only serve to further complicate the voting process for New Hampshire citizens. SB 179 proposes a new standard for what constitutes a domicile that is more confusing and less concise than the current law,” said Sen. Bette Lasky. “Voters need consistency and clarity when it comes to eligibility standards and this bill fails that test.”

 

In 1972, the Supreme Court ruled in Dunn v. Blumstein that durational residency requirements for voting in state and local elections were unconstitutional.  

 

“I am disappointed to see my Republican colleagues support such legislation even though the Supreme Court has been clear on this issue,” said Sen. David Pierce. “These unconstitutional assaults on our constituents’ right to vote in free and fair elections have got to stop. Unfortunately, the Republican majority won’t stop.”  

 

“Unlike other states, our constitution explicitly guarantees the equal right of every citizen to vote,” said Sen. Molly Kelly. “As we mark the 50thanniversary of the Selma march where some of our fellow Americans lost their very lives to secure the right to vote and as we approach the 50th anniversary of the Voting Rights Act of 1965, we should be encouraging all eligible citizens to vote instead of making the process more confusing.”

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