New Hampshire

Snow Days: Postponing Elections for Weather Emergencies

Election Law Society · January 8, 2018 ·

By: Samuel Holliday

On March 14, 2017, municipalities in the state of New Hampshire were set to have their annual town elections. However, a powerful nor’easter was approaching New England, bringing with it near blizzard conditions, and many were concerned that the inclement weather would hinder the democratic process. Almost eighty towns decided to postpone their elections despite Governor Chris Sununu (R)’s warning that they would be exposed to potential lawsuits. The issue that arose and, as of November 1, 2017, remains in question is a conflict between state laws governing town elections. Section 669:1 of the state code requires that towns hold their elections on the second Tuesday in March, but Section 40:4 allows town moderators to reschedule the “voting day of a meeting” during weather emergencies.

Judge Blocks Controversial New Hampshire Voter Registration Law

Election Law Society · December 12, 2017 ·

By: Samuel Holliday

On Tuesday Sep. 12, 2017, a New Hampshire Superior Court judge placed a temporary restraining order on the enforcement of penalties under the controversial voter registration law known as Senate Bill 3 pending further judicial review. The law, signed by Governor Chris Sununu (R) on July 10, 2017, provided stricter penalties ‒ a fine up to $5,000 and a jail sentence of up to a year ‒ for failure to provide documentation that supports a voter’s domicile in the state if they register within 30 days of an election. The decision was handed down on the day of the first election in the state which would have been affected by the new law, with instructions that the decision be relayed to localities holding elections.

Trying to Stop Drive-By-Voting in New Hampshire

Election Law Society · February 22, 2016 ·

By: C. Rose Moore

Round two of the “drive-by voting” battle in New Hampshire ended on September 16^th, 2015 when the New Hampshire Senate failed to override Governor Maggie Hassan’s veto of Senate Bill 179. That proposal would have required potential voters to be domiciled in the state for at least thirty days prior to an election. This was the second initiative purportedly aimed at combatting this type of fraud, which can be illustrated by the actions of Vice-President Joe Biden’s niece. While “she didn’t break the letter of the law… many people think she violated the spirit of it” by voting in the 2012 elections in New Hampshire after only working on the campaign there for a short time.

New Hampshire’s Appeal for “Ballot Selfie” Ban Filed with the First Circuit

Election Law Society · October 14, 2015 ·

By: C. Rose Moore

The State of New Hampshire filed an appeal on September 9^th with U.S. Court of Appeals for the First Circuit seeking to overturn the New Hampshire District Court’s decision in Rideout v. Gardner, Opinion No. 2015-DNH-154-P. There, the court struck down RSA § 659:35, I, which prohibited voters from “taking a digital image or photograph of his or her marked ballot and distributing or sharing the image via social media or by any other means.” The plaintiffs in that case, namely a state representative, Leon Rideout, a disgruntled dog-lover, Andrew Langlois, and a patent-attorney, Brandon Ross, who posted his photo after the investigations started with the tagline “Come at me, bro,” were being prosecuted under the law.

Lawsuit Challenges New Hampshire Ban on “Ballot Selfies”

Election Law Society · November 23, 2014 ·

By Sarah Graffam

In a recent lawsuit, the New Hampshire Civil Liberties Union challenged a law that prohibits the posting of photos of marked ballots on social media. The NHCLU states, “there is no more potent way to communicate one’s support for a candidate than to voluntarily display a photograph of one’s marked ballot depicting one’s vote for that candidate.” NH RSA 659:35(I) bans a person from displaying a photograph of a market ballot, including on the internet through social media platforms like Twitter, Facebook, and Instagram. A willful violation of this statute may be punishable by a fine up to $1,000. [Read more…] about Lawsuit Challenges New Hampshire Ban on “Ballot Selfies”