By NANCY WEST, InDepthNH.org
CONCORD – The first public hearings on two bills that would effectively repeal two controversial laws that many Democrats view as voter suppression measures filled a double committee room at the Legislative Office Building on Thursday.
Outside the packed third-floor room, supporters waved signs saying, “Restore Voting Rights” and “Granite Stater, Granite Voter” as elected officials, citizens and lobbyists took turns telling members of the House Election Law Committee why they should either back House Bills 105 and 106 or deep six them both.
Rep. Timothy Horrigan, D-Durham, who co-sponsored both bills, said they are important to his constituents because of the University of New Hampshire where he believes students will be unduly impacted by having to pay fees for licenses and car registrations to prove residency.
“The state constitution, the federal constitution and federal voting laws basically say – ‘if you live here, you can vote here,’” Horrigan told the committee.
Nancy West photo
Rep. Tim Horrigan, D-Durham, prepares to testify before the House Election Law Committee at the Legislative Office Building in Concord on Thursday.
The two bills would effectively repeal the recent Republican-led law changes to voter registration resulting from the passage of House Bill 1264 and what has become known as Senate Bill 3.
The newly proposed HB 106 amends the general statutory definitions of “resident or inhabitant” and “residence or residency” to include an intent to maintain a principal place of physical presence for the indefinite future. The bill restores language removed from the law in 2018 by HB 1264.
HB 105-FN, relative to domicile residency, voter registration, and investigation of voter verification letters, would effectively repeal SB3, which is still being argued in the courts because of a lawsuit filed by the League of Women Voters of New Hampshire.
Liz Tentarelli, president of the League, urged the committee’s support.
“I don’t want to go back to court,” Tentarelli said.
Gilles Bissonnette, legal affairs director of ACLU-NH, students and others spoke in favor of both proposed bills.
Ray F. Chadwick, Rep. Al Baldasaro, R-Londonderry and others such as House Minority Leader Dick Hinch, R-Merrimack, testified in opposition to both bills.
After the hearing, Hinch summarized his take on each bill in a news release.
“I don’t believe it is unreasonable for us to require that those who participate in our elections be residents of our state,” Hinch said.
Nancy West photo
Ray F. Chadwick, chairman of the Granite State Taxpayers, testified against HB 105 and 106 at the Legislative Office Building in Concord on Thursday.
Hinch said HB 106 seeks to repeal 2018 “common sense legislation.” The state Supreme Court issued an advisory opinion on HB 1264 in July stating there is nothing unconstitutional about requiring individuals to make a choice as to where they are residents, he said.
“Similarly, HB 105 seeks to repeal much of what the state passed in SB3. In a state where numerous elections have been decided by just a handful of votes, it is important to make sure that every ballot cast by an eligible voter is counted, and the domicile loophole is closed,” Hinch said.
He added that there were no reports of any voters being disenfranchised by the new requirements during the last elections. “In fact, voter turnout in college towns made records. The arguments for passing HB 105 and HB 106 are misleading and classic fear mongering perpetuated by the other side,” Hinch said.
Secretary of State Bill Gardner won re-election last month in the closest of any of his races, largely because of disenchantment from his fellow Democrats because of his support of HB 1264 and SB3, along with his decision to serve on President Trump’s now disbanded voter integrity commission.
Gardner was out of state on Thursday, but Deputy Secretary of State David Scanlan testified before the committee, detailing the history of voter registration in New Hampshire. He said his office isn’t taking a position on the proposed legislation, but offered to work with the committee.
Horrigan views the Republican-backed HB 1264 and SB3 as voter suppression measures, pure and simple. He believes this is the year to repeal them with Democrats in the majority in the House and Senate.
“I’m pretty optimistic,” Horrigan said. “The vast majority of Democrats think it’s going to pass. Then the governor has to decide what to do.
“We want to go into the First-in-the Nation Presidential Primary, (its 100th anniversary) with as few clouds hanging over it as possible,” Horrigan said.
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