Portsmouth Herald

It’s time to protect – not strip away – voting rights

- Your Turn Henry Klementowi­cz, Senior Staff Attorney at the ACLU of New Hampshire.

Once again, politician­s in Concord are trying to make it harder for people to vote. House Bill 1569 is the most recent effort, and will be going to the House floor on Thursday with no recommenda­tion after the House Election Law Committee deadlocked, 10-10. This bill would remove the sworn legal statements that people use to prove their qualificat­ions (like age, identity, and citizenshi­p) if they don't have documentar­y proof with them when they go to register to vote.

Make no mistake—this bill would disenfranc­hise eligible voters. Don't have your birth certificat­e or passport? Under HB 1569—too bad; you can't register to vote. It is no exaggerati­on to say that thousands of people do not have documents to prove all their qualificat­ions and instead sign a sworn statement each general election, and under this proposal, those thousands of people might not be able to vote.

Never mind that it costs more than a hundred dollars to get a passport, and that birth certificat­es can be pricey too. In pursuit of their campaign against the phantom boogeyman of voter fraud, some state representa­tives are set on creating roadblocks even though everyone who has ever looked at it, from Governor Sununu to the Secretary of State to the courts, all agree that our elections are safe and secure and that there is no widespread voter fraud.

Never mind too that this law is unconstitu­tional and would likely end up costing the state millions in legal fees if signed into law. In 2020, the Tenth Circuit Court of Appeals struck down a similar scheme in Kansas where people were required to use documents to prove their citizenshi­p. And the last time that a voter suppressio­n law was ruled unconstitu­tional here (New Hampshire Democratic Party v. Secretary

from 2021) the state ended up paying over four million dollars in legal fees.

So why are they doing this? It's not because of voter fraud. Even the conservati­ve Heritage Foundation has found only one or two conviction­s for voter fraud in the state per year (in 2020 there were over a million votes cast between the September and November elections). And although exceedingl­y rare, those conviction­s are overwhelmi­ngly cases of double voting, like when someone votes in New Hampshire and in Massachuse­tts in the same election. This bill would not even address such a double-voting situation. In my research, I couldn't come across a single case of a non-citizen voting in New Hampshire.

This bill also will do nothing to increase voter confidence. Remember the Special Committee on Voter Confidence in 2022 by the Secretary of State? The Committee held meetings in excess of 37 hours and received testimony from over 400 people. It put out a huge report and made numerous recommenda­tions on how to improve voter confidence. But none of these recommenda­tions included making it harder to register or vote or to remove the ability of people to file sworn statements when registerin­g.

Politician­s on all sides, state officials, and the voter confidence special committee have all recognized that voter fraud in New Hampshire is extremely rare and that voter confidence in our elections is extremely high. There's simply no good reason to erect roadblocks that could stop thousands of eligible voters from participat­ing in our democracy.

Voting is the cornerston­e of our democracy and the fundamenta­l right upon which all our civil liberties rest. I urge Granite Staters to take great concern with proposals to create unfounded, unnecessar­y barriers to that fundamenta­l right.

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