Coalition Files Federal Lawsuit to Challenge New Hampshire’s HB 1569
November 15, 2024
By: Eli Avila
On September 30, 2024, the ACLU of New Hampshire, American Civil Liberties Union, and Ropes & Gray LLP filed a federal lawsuit challenging New Hampshire’s HB 1569. The plaintiffs represented are the Coalition for Open Democracy, the League of Women Voters of New Hampshire, the Forward Foundation, and five current and future voters. New Hampshire Governor Chris Sununu signed HB 1569 into law on September 12, 2024. For many, the bill’s passage comes as a surprise since Governor Sununu said months earlier that he was “not looking into making significant changes in voting laws.” The bill will take effect on November 11, 2024, after the election on November 5, 2024.
Under the old state law, a person registering to vote who did not have specific self-identification documentation could sign an affidavit at the polls to cast a ballot. However, HB 1569 will eliminate that option and require proof of citizenship for voter registration, such as showing a passport or birth certificate. Moreover, the bill changed how “voter challenges” work, which could disqualify certain ballots from being counted. Under the old state law, a prospective voter whose eligibility is successfully challenged by a peer voter is permitted to cast an eligible ballot through a Challenged Voter Affidavit. However, HB 1569 removes the right to vote by a Challenged Voter Affidavit and allows election officials to see whether “it is more likely than not that the challenge is well grounded.” The revisions are under N.H. Rev. Stat. § 659:27.
The complaint argues that HB 1569 violates the First Amendment and 14th Amendments’ Equal Protection and Due Process Clauses by unduly burdening the right to vote. Moreover, the plaintiffs believe that the bill will lead to arbitrary and unequal enforcement by election officials. Critics say that the bill makes it significantly harder for thousands of New Hampshire citizens to exercise their right to vote because many citizens do not have the required citizenship documentation. These critics argue that the affidavits are sufficient to allow citizens to register and vote without causing voter fraud. Meanwhile, Republican advocates argue that the new law is “a straightforward way” to ensure voters can attest their U.S. citizenship while preventing individuals deceiving the system.
HB 1569 marks as another moment for the ongoing debate between election integrity and protecting voter rights. This debate has been particularly at the forefront since the U.S. Supreme Court’s decision in Crawford v. Marion County Election Board. In Crawford, the Court upheld an Indiana law that required voters to present either a state or federal photo identification, finding that that the law did not unduly burden citizens’ right to vote. As of today, 36 states have laws requesting or requiring voters to show some form of identification at the polls, with nine states having what is considered a “strict photo ID” law. Only time will tell when common ground will be found for this ongoing debate.