Election Day Registrations Using Out of State Driver License as ID

by | May 11, 2022 | Legislation, Special Alerts

GST has received data on Election Day Registrations Using Out of State Driver License as ID.
New Hampshire allows voters to register using an out-of-state driver license for identification
Getting a driver’s license in any state requires documenting that one is a resident there.
While an out of state driver’s license provides proof of identity, it also proves residency in another state.

REQUIRING VOTERS BE RESIDENTS, AND PROVE IT, IS COMMON IN OTHER STATES

“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.” SCOTUS, Dunn v Blumstein, 3/21/72
49 other states and DC require voters to be residents, and provide proof that they are.
47 states and DC require proof of duration of residency before voting. (27 require 30 days)
In 2015, a majority of New Hampshire residents approved of a 30 day residency requirement to vote.

You can go through the following Secretary of State reports to see how many voted in your town.

REPORT ON SAME DAY REGISTRATIONS IN 2016 ELECTION
6,540 voters registered using out-of-state licenses and 1,423 did so with no identification at all.
2,246 voters registered using Massachusetts (3 Democrats for each Republican) licenses.
491 voters used out of state licenses to change registration between towns in New Hampshire.
The 2016 election for the US Senate was decided by 1,017 votes.

REPORT ON SAME DAY REGISTRATIONS IN 2018 ELECTION
4,528 voters registered using out-of-state licenses.
1,525 voters registered using Massachusetts (3 Democrats for each Republican) licenses.

REPORT ON SAME DAY REGISTRATIONS IN 2020 ELECTION
4,778 voters registered using out-of-state licenses.
1,822 voters registered using Massachusetts (3 Democrats for each Republican) licenses.

DOMICILE, AND RIGHT TO VOTE, IS BASED UPON INTENT, DEFINED BY REGISTRANTS.
Registrant has no obligation to provide proof of actualizing that intent (driver license, residence).
Prosecution of fraud is impossible due to inability to prove intent to defraud.

PROGRESS MADE IN 2017 – 2018 LEGISLATIVE SESSION
HB 1264 established equivalency between Domicile and Residency, eliminated loophole.
Found constitutional twice by NH Supreme Court. Effective date after 2018 election
SB 3 would have required presentation of proof of domicile – Declared Unconstitutional

“We have “Representation Without Taxation” when residents of other states vote in New Hampshire but avoid the obligations to the State that are expected from New Hampshire residents,” said GST Chairman Ray Chadwick. “That difference in treatment is an affront to the concept of Equal Treatment under the Law.”

Posted by GST Chairman Ray Chadwick

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