In 2012 a Superior Court judge, now retired because he let other stupid opinions he had about female attorneys be known, issued an injunction against an attempt by the NH Legislature to stop out-out-state voters from involvement in our general elections where positions for federal office are determined. This activist judge invented a term for unqualified transient voters known as “mobile domiciled” voters
The case went to the NH State Supreme Court in 2015 after dragging through several elections.
Here is the offending language in question:
The order on appeal made permanent the preliminary injunction issued in 2012 by the Superior Court (Lewis, J.), pursuant to which the State was required to delete from the standard voter registration form the following language:
“In declaring New Hampshire as my domicile, I am subject to the laws of the state of New Hampshire which apply to all residents, including laws requiring a driver to register a motor vehicle and apply for a New Hampshire[ ] driver’s license within 60 days of becoming a resident.” Laws 2012, 285:2.
The trial court issued the permanent injunction after concluding that the challenged language violated Part I, Article 11 of the New Hampshire Constitution. On appeal, the State does not separately challenge the trial court’s issuance of injunctive relief. Rather, the State confines its appellate arguments to the trial court’s determination that the challenged language violates Part I, Article 11. We affirm.
There is a simple remedy for unqualified, out-of-state residents who register to vote in New Hampshire on Election Day using an unexpired out-of-state driver’s license for identification.
Have New Hampshire election officials punch a hole in the out-of-state license immediately after the voter signs the declaration of residency portion of the New Hampshire voter registration form.
New Hampshire is not forcing the new citizen to register a car or get a NH driver’s license. The newly minted voter/citizen can figure that out on their own after they vote here. NH has no need to spend time and money letting the other state know their former citizen now resides in a New Hampshire domicile.
It is that easy.
It can be accomplished by our Secretary of State with a simple memorandum to all election officials just like he has done with having local officials write on the same day voter addendum which state the new voter came from.
Punching a hole in an out-of-state driver’s license is no impediment to NH motor vehicle laws or enforcement. Any officer who pulls a driver over in our state with a hole punched in that out-of-state license can simply ask the driver for an explanation. He can also assume that the hole was punched during the last NH General Election when the driver signed a statement of residency when voting. The officer can run the sixty-day requirement for getting a NH license from that date if he chooses.
NH should adopt a reasonable process to determine who is qualified to vote in NH’s general elections.
Punching a hole in an out of state license is perfectly legal and sensible. If another state would like to challenge this practice, it would be up to them.
Good luck with that.
Punch Back At Voter Fraud!