Photo credit: abcnews.go.com
New Hampshire Faces Legal Challenge Over Strict Voter Registration Law
CONCORD, N.H. — A lawsuit has been filed in New Hampshire, contesting a recently passed law that mandates the provision of proof of U.S. citizenship for voter registration as well as photo identification for ballot casting. The law is described as one of the most stringent voting regulations in the country.
Set to be implemented following the November elections, the legislation received the endorsement of Republican Governor Chris Sununu earlier this month.
This legal challenge is led by the American Civil Liberties Union of New Hampshire on behalf of the Coalition for Open Democracy, the League of Women Voters of New Hampshire, the Forward Foundation, and five individual voters. They have named New Hampshire’s Attorney General John Formella and Secretary of State David Scanlan as defendants in the case.
According to Henry Klementowicz, the deputy legal director at the ACLU of New Hampshire, laws that impose “unconstitutional roadblocks” to voting threaten to disenfranchise numerous eligible voters. He stressed that such regulations should not be tolerated in the state.
The lawsuit seeks judicial intervention to prevent the enforcement of the new law, citing previous rulings by federal courts on similar issues. For instance, a comparable law in Kansas mandating proof of citizenship was ruled unconstitutional in 2018, violating both the U.S. Constitution and the National Voter Registration Act.
In contrast, a recent ruling by the U.S. Supreme Court in August 2024 permitted certain aspects of a proof-of-citizenship law in Arizona to proceed, a decision that remains contested in lower courts. This ongoing litigation highlights the complexities and evolving nature of voting laws across the United States.
Under the previous New Hampshire law, voters without photo identification could attest to their identity through an affidavit and were required to provide supporting documentation within a week. The new legislation, however, abolishes these exceptions and imposes strict documentation requirements for citizenship, mandating voters to furnish a passport or birth certificate upon registration.
Liz Tentarelli, the president of the League of Women Voters of New Hampshire, expressed concerns that the new registration mandate generates confusion and discourages voter participation. She urged elected officials to focus on legislation that enhances voter engagement rather than creating unnecessary hurdles.
A spokesperson from the attorney general’s office, Michael Garrity, mentioned that they would thoroughly evaluate the complaint and respond accordingly.
Governor Sununu, who endorsed the bill on September 12, stated that the legislation aims to uphold the integrity and public trust in the electoral process, emphasizing a commitment to secure and reliable elections.
While federal elections prohibit noncitizens from voting, and most states follow suit, a few local jurisdictions have allowed such voting in specific conditions. The discussion around this issue has been fueled by apprehensions about potential illegal voting tied to the current immigration situation along the southern border, which has been a pivotal point in Republican campaign narratives this election cycle.
In a related national movement, Republicans in Washington are advocating for the SAVE Act, which would impose proof-of-citizenship requirements as part of broader legislative goals aimed at preventing a partial government shutdown this fall.
Source
abcnews.go.com