Public Documents Are Secret For A Reason

by Ed Naile

missing in actionLast Friday, February 9, 2018, I stopped by State Archives on Fruit St. in Concord to check out a name or two of the over 6,500 out-of-state voters from our 2016 NH General Election. That would be the one a US Senator lost by 1,017 votes.

I was there during regular business hours. I wrote my name in their book. I asked for a checklist from a specific NH town and a specific NH election.

This should have been an easy project. The town in Connecticut where this voter was registered in 2016 gave me all the info they had – right over the phone. All that was needed to be done was match up some dates and addresses.

Nope.

Seems there is a problem on the NH side of the equation. The archived checklist I was looking for is currently in the hands of the NH Attorney General – so no public records for me.

Apparently, New Hampshire does not have a photocopy machine at State Archives or we are still playing cat and mouse with any document a NH citizen might use to expose out-of-state voters.

I already have, from public internet records in the state my out-of-state voter is from, the voter history of one of my “interests.” And I have verbal confirmation from that state of that voter’s history. Soon, I will have voter registration materials emailed to me from that state.

But New Hampshire is like the black hole of election documents – with good reason.

There are over 6,500 names, birthdates, addresses, and signatures to hide from the November 8, 2016, General Election alone.

Here is the useless New Hampshire statute involved:

654:31 Availability of Checklist and Voter Information. –

I. In this section:

(a) “Checklist information” means the data, in any form, required to be placed on the public checklist by RSA 654:25, when that data is obtained or derived from a checklist or from the statewide centralized voter registration database maintained by the secretary of state.

(b) “Commercial purposes” means knowingly using, selling, giving, or receiving the checklist information for the purpose of selling or offering for sale any property or service unrelated to an election or political campaign.

(c) “Nonpublic checklist” means the checklist bearing the names of voters who by law are entitled to have their status as a voter kept nonpublic.

(d) “Public checklist” means the checklist required by RSA 654:25 which contains the names of voters who by law are to be listed on a checklist available to the public in accordance with the restrictions established by this section.

II. In towns and cities, the public checklist as corrected by the supervisors shall be open for the examination of any person at all times before the opening of a meeting or election at which the list is to be used. The supervisors of the checklist or city or town clerk shall furnish one or more copies of the most recent public checklist of their town or city to any person requesting such copies. The supervisors of the checklist or city or town clerk may only provide checklist information for their town or city. The supervisors of the checklist or city or town clerk shall charge a fee of $25 for each copy of the public checklist for a town or ward. For public checklists containing more than 2,500 names, the supervisors of the checklist or city or town clerk shall charge a fee of $25, plus $0.50 per thousand names or portion thereof in excess of 2,500, plus any shipping costs. The supervisors of the checklist or city or town clerk may provide public checklist information on paper, computer disk, computer tape, electronic transfer, or any other form.

III. Any person may view the data that would be available on the public checklist, as corrected by the supervisors of the checklist, on the statewide centralized voter registration database maintained by the secretary of state at the state records and archives center during normal business hours, but the person viewing data at the state records and archives center may not print, duplicate, transmit, or alter the data.

IV. The secretary of state shall, upon request, provide to a political party, as defined in RSA 664:2, IV, or to a political committee, as defined in RSA 664:2, III, a list of the name, domicile address, mailing address, town or city, voter history, and party affiliation, if any, of every registered voter in the state. The secretary of state shall, upon request, provide to a candidate for county, state, or federal office a list of the name, domicile address, mailing address, town or city, voter history, and party affiliation, if any, of every registered voter in the state or in the candidate’s district. In this section, “voter history” means whether the person voted and, for primary elections, in which party’s primary the person voted, in each state election for the preceding 2 years. The secretary of state shall charge a fee of $25 plus $0.50 per thousand names or portion thereof in excess of 2,500 plus shipping charges for each copy of the list provided under this section. In addition, the secretary of state shall charge and collect on behalf of and remit to the supervisors of the checklist of each city and town the amount that such supervisors would have charged had the public checklist of their city or town been purchased from them. The secretary of state may provide lists as prescribed in this section on paper, computer disk, computer tape, electronic transfer, or any other form.

V. Except for fees collected on behalf of a city or town, fees collected by the secretary of state under this section shall be deposited in the election fund established pursuant to RSA 5:6-d. Fees collected by a town or city or by the secretary of state on behalf of a city or town under this section shall be for the use of the town or city.

VI. No person shall use or permit the use of checklist or voter information provided by any supervisors of the checklist or city or town clerk or by the secretary of state for commercial purposes. Whoever knowingly violates any of the provisions of this section shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. The secretary of state may insert inauthentic entries into copies of the public checklist provided under this section for purposes of facilitating enforcement of this paragraph.

VII. This section shall not be construed to restrict the transfer of checklist information to the state or federal courts as required by RSA 654:45 for any lawful purpose.

Source. 1979, 436:1. 1981, 147:1. 1987, 337:1. 2006, 305:1. 2008, 10:1. 2009, 144:219. 2010, 180:1; 366:2. 2013, 209:1, 2, eff. Sept. 8, 2013.

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  • allen

    you would think that, being a republican and all, that the governor would want to assist in fixing this voter fraud problem. it never tilts the vote counts in the republican direction. we all know this. so why is there no urgency to fix it, or at least prosecute the fraudsters in a big public way to discourage others? the clock is ticking. the election is coming up.

    Ed, you do amazing work but you’re just one guy. I wish we had a few thousand of you.

    • Ed Naile

      allen:
      Funny how the leftists need only one person to object to something for a national narrative supporting the complainer to appear in the “media.”
      Interesting how progressives only need one litigant for and endless series of court cases in their favor.
      And they always seem to have a single, never before discovered, “loophole” ready and waiting for any issue.
      Ever notice that?

      • allen

        I’ve also noticed that the “there is no voter fraud” chorus seems to sing along to the “requiring ID to vote is racist” song.

        we can get out the vote, every single one of us, dragging everyone we know to vote..but we still lose. because there is just enough of them coming in from other states, lying, and making sure we don’t win.

        Bruce Currie seems to think we are paranoid when we say things are “engineered” to go a certain way.

        well, “Once is happenstance. Twice is coincidence. The third time it’s enemy action.”

        how many times so far has a republican lost in NH by a few thousand votes, and in the same election there are more than a few thousand voters that can’t be located? that LIED about where they were actually living or what their real name was?

        • GREYGHOSTCSA

          It’s not too hard to understand what you stated when our current laws are such as to allow an individual to claim residency and vote in our elections, but also allow our state colleges to classify said individual as a non-resident and require them to pay non-resident tuition. For the record, most of these individuals tend to vote Democrat. Were they to be voting Republican, I can guarantee this “situation” would have been fixed a long time ago.

          • allen

            exactly. so we need to give them an incentive to fix it. we should start rounding up MA gun owners..it’s not like their votes count there anyways…and get them to vote in NH. declare a local gun club to be their “domicile” for the day.

            and we do this nice and public…”fix the laws or all our people vote under the existing ones and throw your butts out of office”. then we fix it with or without them.

          • GREYGHOSTCSA

            My statement to our elected officials has been and will continue to be that they should pass legislation (with no other bills or riders attached) that states plainly and simply: 1- If you are a student attending one of the three state colleges and you are paying non-resident tuition, you are not eligible to vote in our elections, you can vote in your home state by means of an absentee ballot, 2 – If you are a student attending one of the private colleges and have enrolled using an out of state address, and/or you are receiving any type of financial assistance based on your non-residence status then you are not eligible to vote in our elections and you can vote in your home state by means of an absentee ballot.

          • Ed Naile

            That would be the 1972 Federal case, Newburger v. Peterson.
            Unless you abandoned your last domicile you do not have one in NH.
            But Gardner and the NH AG do not recognize that case exists – even though they quote a part of it they like.
            The Newburger case is much like other student voting cases in other states from when 18 year olds got the right to vote.
            If you have a driver’s license, especially from Ct., you are a Ct. citizen.
            This isn’t tough to understand but it is tough to lie about – so you can see the Democrat dilemma and the NH courts problem.
            More to come.

          • allen

            I would be all for even spending state money to implement a system like we have in the military to aid these students in voting absentee in their home states. make it super easy for them. if they can vote at home, they will feel less inclined to vote here. or if they do both, we can prosecute them and throw them out of school.

            when does the school year typically start? if any election is beyond 60 days from the beginning of the school year, no student who wishes to be a resident of NH (and thus have voting rights here) should still have an out of state ID at that point.

            https://www.nh.gov/safety/divisions/dmv/new-resident/index.htm

            any student who uses an out of state ID to vote should be prosecuted under that law.

          • Ed Naile

            Like with voter fraud – the “professors” could supervise the kids.
            The professors could make sure the kids vote at home instead of encouraging them to vote here.
            All we need to do to get the ball rolling is have a student secretly tape the activist professors telling Ct. kids to vote here instead of legally back home.
            NH voters would love to listen in on politicking professors.
            Pull some state aid until the college “gets it.”
            Maybe that would work – courts don’t, legislation won’t.

          • Ed Naile

            GREYGHOST:
            One Ct. statute on residency – If you are living outside of Ct. going to school, do you pay out-of-state tuition. An interesting question for Ct. students how vote here.

            Another Ct. law – You have 48 hours to notify Ct. DMV you changed your address to another state.

            Then we have – If your gross income, as a student, is over $15,000, you must file a Ct. state income tax return.

            Ct. Residency Law – Voting in another state illegally does not negate Ct. tax responsibility.

            See the CNHT web site http://www.cnht.org for the complete list of residency statutes for Ct. children going to school in NH.

  • Jim Johnson

    deep state.
    and the arrogant idea that the law does not apply to Libs

  • Bryan W

    We have our town clerk scan our checked checklists before either putting them in the safe or sending them to Concord. We have them available at elections, especially Primaries – they are great for disproving voters or finding our errors when swears they didn’t vote or did sign the “change back” list. There’s 20 who swear they did the right thing for every one we find we made a mistake.

    • Ed Naile

      Those 20 who swear they “did the right thing” but didn’t are the same people who were testifying they were “disenfranchised” by the hundreds of thousands.
      Progressives are shameless in their efforts to steal elections.

      • Bryan W

        The last Presidential Primary we had one lady who was *horrified* that she was a registered Republican, and couldn’t take the Democrat ballot. She had *worked* *so* *hard* on a campaign and wanted to cast her ballot. It was “illegal for us to deny [her]!!!” The water works started, “But you have to believe me! I *know* I switched back! I do it every time!!” It was quite the scene.

        We looked up in the system when it changed, and it was the previous Presidential primary. I had that scan with me, pulled it up on the checklist. There it was, her name with a big “R” next to her name. Then I pulled out the “return to Undeclared checklist.” No signature next to her name. No signature on the entire page!

        We checked the previous Statewide primary just in case, and she didn’t vote. Showing this all to her, the water works stopped immediately, and she had a slight smile on her face. She turned around and walked out. One of the other Supervisors went after her to make sure she understood that leaving was her decision. (We had AG guidance for that election that said that we should not allow any eligible voter to leave without voting, or something to that effect.)

        • Ed Naile

          That directive to all election officials to not turn anyone away was originally put out by voter fraud white wash bucket “Bud” Fitch. I think in 2008.
          Kind of cheeky to tell elected NH officials they can’t do their job
          But electing Obama was pretty important for him.
          Bud is back in the NH AG’s Office again, probably doing the same stuff – ignoring voter fraud.

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