Election Law Pretense

by | Apr 26, 2019 | Legislation, Opinion, Special Alerts

Senator Shaheen and Dem Presidential Candidates Criticize NH Voting being only for NH Residents.
GST supported HB 1264 to end voting in NH by residents (6,540 in 2016) of other states.

Democrats really do want residents (particularly students) of other states to vote in NH.
In Concord, they passed HB 105 and SB 67 to reverse HB 1264 and bring back drive-by voting.
The NH Democratic Party filed suits against HB 1264 and against SB 3 which required proof of domicile.

Senator Jeanne Shaheen asked Presidential candidates to “send a message to protect voting rights”.
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Shaheen says people are being disenfranchised by:
“photo ID requirements, arbitrary challenges to residency, and unfounded allegations of fraud.”
And, HB 1264 is “effectively creating a poll tax on college students .. to undermine America’s .. right to vote.”

Sen. Shaheen ignores that the New Hampshire Supreme Court found House Bill 1264 constitutional.
The Court stated (on Page 10) that New Hampshire had no obligation to “permit persons to vote in this state who seek to claim residency here only for voting purposes while eschewing this status for other purposes. We have no hesitancy in opining that not only does New Hampshire have no such constitutional obligation but, quite the contrary, it has a compelling state interest not to do so.”
Also, the Court (on Page 16) rejected the idea that HB 1264 was a poll tax: “.. the opponents of HB 1264 are mistaken when they claim that voting is conditioned on the payment of motor vehicle fees or taxes. Rather, if a person becomes obligated to pay such fees or taxes it will not be because the person votes, but because the person owns or drives a motor vehicle and is a resident of this state.”

GST often points out that HB 1264 makes NH election law identical to 49 other 49 states and DC.
Maine, Massachusetts and Vermont have laws identical to SB 3 and HB 1264. Democrats aren’t suing them.
Shaheen and her advocates for drive-by voting ignore this fact, clearly seeing advantage in lax election law.

Democrat Presidential hopefuls rallied around Shaheen to criticize HB 1264 and Gov. Sununu.
Supporting Shaheen were Kamala Harris (CA), Kirsten Gillibrand (NY) and Cory Booker (NJ), plus others.
Each rejects HB 1264, but don’t mention Election Law in each of their states is identical to HB 1264.

Perhaps Sen. Harris doesn’t know that in California, voters must be a:
“a resident of California”
The Brennan Center for Justice Student Voting Guide provides this advice for students in California:
“Students can establish residency in California if they have a present intention to remain at their California school address for the time being, and they intend to make it their principal home. Any other interpretation of the residency laws is unconstitutional.”

Perhaps Sen. Gillibrand doesn’t know that in New York, voters must be a:
“resident of this state and the county, city or village for at least 30 days before the election;”
The Brennan Center for Justice Student Voting Guide provides this advice for students in New York:
“Students can establish residency in New York if they have a present intention to remain at their New York school address for the time being, and they intend to make it their principal home.
Any other interpretation of the residency laws is unconstitutional.”

Perhaps Sen. Booker doesn’t know that in New Jersey, voters must be a:
“”resident of the county for 30 days before the election.”
The Brennan Center for Justice Student Voting Guide provides this advice for students in New Jersey:
Students can establish residency in New Jersey if they have a present intention to remain at their New Jersey school address for the time being, and they intend to make it their principal home. Any other interpretation of the residency laws is unconstitutional.

Why would these Senators criticize HB 1264 while identical laws are in place in their states?
Ignorance? (of their own states’ laws)
Pretense? (an inadequate or insincere attempt to attain a certain condition or quality)
OR:
They expect a better chance of winning New Hampshire elections if out of state residents can vote.

Click here to contact or email Governor Sununu.
Tell him you support a veto of any bill that undermines the election law reforms in HB 1264.

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