With just days to go until the mid-term elections, a Hillsborough County Superior Court judge has blocked the state from implementing a new election law known as Senate Bill 3.
Judge Kenneth Brown issued his injunction Monday after hearing weeks of testimony from witnesses called by the state in defense of the law and by the League of Women Voters and New Hampshire Democratic Party challenging the law.
Implementation of the election law will be suspended pending further legal action.
Supporters of SB 3, which imposed new proof of residency requirements, said it would deter voter fraud and voting by out-of-state residents. Opponents said the law was burdensome, unnecessary and targeted specific populations like college students.
"Where the law threatens to disenfranchise an individual's right to vote, the only viable remedy is to enjoin its enforcement. Plaintiffs motion for preliminary injunction is granted," wrote Brown.
Brown said the state did not make a compelling case that voter fraud or lack of confidence in election outcomes are big enough problems to merit the constraints of SB3.
"As with voter fraud, improving confidence in New Hampshire's election system is not a significant state interest that justifies placing increased burdens on voters," he wrote. "Moreover, there is no evidence that SB 3 even accomplishes its stated goal in this regard. The state presented no evidence that the new domicile affidavit has had any impact on the public's perception of the election process."
Brown agreed with the plaintiffs in the case that the language of the new voter affidavit imposed by SB 3 would discourage legitimate voters from casting ballots.
"The language of the forms was drafted by legislators and reads like a statute, but is meant to be read, understood and followed, under threat of criminal charges and civil fines, by all eligible citizens regardless of education or disability under the pressure of a line of dozens, if not hundreds waiting behind them, and with the assistance of volunteers with as little as five minutes of training," he wrote.
"Accordingly, the court finds plaintiffs have demonstrated a likelihood of success on the merits for their claim that SB 3 unconstitutionally burdens the right to vote."
Brown ordered the state to use the 2016 domicile affidavit in the upcoming election.
"The court is confident that the secretary of state shall be able to ensure all the proper registration forms are distributed to all polling places throughout the state prior to the election," according to his ruling.
Judge Brown's ruling can be viewed below:
SB3, passed last year and signed into law by Gov. Chris Sununu, establishes new procedures for voter registration within 30 days of an election or on election day. It requires would-be voters to provide proof of residency, other than the voter affidavit they had been required to sign.
If someone trying to register doesn't have the right documents, they have to produce those documents within 10 days (30 days in some cases) or face penalties for voter fraud, including a fine up to $5,000 and a year in jail.
The lawsuit to block the law from taking effect was filed last year by the New Hampshire Democratic Party, the League of Women Voters of New Hampshire and individual voters who claim the new registration requirements are onerous and an unnecessary obstacle to exercising their constitutional rights.
A different judge late last year allowed the law to take effect, but put a stay on the imposition of any penalties until the lawsuit is resolved. Brown's ruling now puts the law on the shelf until the litigation is complete. A full-scale trial on the merits of the law is still months away.
Secretary of State Bill Gardner issued this statement after the ruling: "We will have this election regardless of any obstacle. What is more troublesome, however, is rhetoric painting this order as evidence of active voter suppression when it is a fact that New Hampshire is the easiest state in the country to vote in since we are the only state with Election Day registration, no durational residency requirement, and no provisional ballots. This order does not change that."
Sununu predicted that SB3 would ultimately take effect.
"SB3 is a modest change to our election laws that does nothing more than ensure that all those who register to vote present valid identification," he said. "While this ruling is not unexpected, it is just one step in the process and I am confident that SB 3 will ultimately be upheld."
His Democratic opponent Molly Kelly said she was pleased with the ruling and would work to repeal SB3 if elected.
N.H. Democratic Party Chairman Ray Buckley called the injunction "a win for all eligible voters."
(c)2018 The New Hampshire Union Leader (Manchester, N.H.)
