Constitutional Amendment (CACR 36) to Require Voters to be Residents of NH

by | Jan 27, 2022 | Legislation, Special Alerts

The Proposed Constitutional Amendment (CACR 36) Would Limit Voting to NH and US Citizens

Sen. Regina Birdsell has filed legislation that would amend the New Hampshire Constitution to ensure that only citizens of the United States and citizens of New Hampshire can vote in New Hampshire elections. This legislation, referred to as Constitutional Amendment Concurrent Resolution (CACR) 36, simply would have the following language put in the NH constitution in place of the present language that says state inhabitants vote in our elections:

“All elections are to be free, and every person who is a citizen of the United States and a citizen of the state of New Hampshire, and 18 years of age and upwards shall have an equal right to vote in any election. Every person shall be considered a citizen of the state of New Hampshire for the purposes of voting in town, ward, or unincorporated place where that person is domiciled and has primary residency.”

Nine senators and Rep. Bob Lynn, who is a former NH Supreme Court Chief Justice, have joined Sen. Birdsell as co-sponsors of this constitutional amendment.

We need everyone helping us to get this constitutional amendment before the voters.
This Monday 1/31/22 CACR 36 is being heard in the Senate Election Law and Municipal Affairs Committee.
The hearing is being held at the State House (not the Legislative Office Building) at 1:00 pm.
Click here to register your support for CACR 36.
Click on the date 1/31/22, select the committee “Senate Election Law and Municipal Affairs”, and “CACR 36”.
Register as “A Member of the Public”, representing “Myself” and check “I support this bill.”

For background, GST has submitted the following testimony in support of CACR 36
Election Law and Municipal Affairs Committee Members
My name is Ray Chadwick, Chairman of Granite State Taxpayers (GST). Our Mission is to inform, educate and motivate New Hampshire taxpayers and to lobby the Legislature on their behalf. Granite State Taxpayers has studied election law and advocated for improvements for nearly a decade.

Granite State Taxpayers Supports CACR 36
CACR 36: Providing that only residents of the state may vote in elections.

GST supports revising New Hampshire voter law to make our voting system simple to understand and execute, resistant to fraud, and available exclusively to bona fide residents of New Hampshire.

New Hampshire is unique in the country in allowing people to vote in-state who are residents of other states, a consequence of various interpretations of the meanings for residence and domicile for voting.

Currently, New Hampshire RSA 659:13 Obtaining a Ballot states: “If the photo identification is an out-of state driver’s license ….. The voter shall then be allowed ….. to mark and cast his or her ballot.”

When people can vote here, but live in another state, we have Representation without Taxation.

While an out of state driver’s license provides proof of identity, it also proves residency in another state and, for Motor-Voter states, a near certainly of being a registered voter in that other state.

The Secretary of State reported that, in 2016, 6,540 people (2,246 of those from Massachusetts) used an out of state driver’s license to register to vote in New Hampshire. Of that total, 491 used an out of state driver’s license to change registration from one town to another town within New Hampshire.

CACR 36 accords with the United States Supreme Court decision in DUNN v. BLUMSTEIN, March 21, 1972, which stated: “We have in the past noted approvingly that the States have the power to require that voters be bona fide residents of the relevant political subdivision.”

On July 12, 2018, a NH Supreme Court Opinion on whether New Hampshire should continue to allow residents of other states to vote in New Hampshire elections stated “not only does New Hampshire have no such constitutional obligation but, quite the contrary, it has a compelling state interest not to do so.” Subsequently, a US District Court agreed.

Requiring residency, and providing proof thereof, is the case in 49 other states and District of Columbia.

Granite State Taxpayers recommends a vote FOR CACR 36.

Thank you for your attention and for your commitment to the citizens of New Hampshire.

Join GST at the State House in Concord on Monday 1/31/22 at 12:30 PM to support our voting rights!

Posted by GST Chairman Ray Chadwick


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