NH State Supreme Court Lifts Lower Court Injunction – Senate Bill 3 Must be Enforced for Mid-Terms

by
Steve MacDonald

When a New Hampshire court recently ordered an injunction against Senate Bill 3, a law designed to clarify domicile or residency for voting purposes, most activists on the right just shook their heads. Not that long ago a similar last-minute ruling harpooned a voter ID/Domicile law, so to see a New Hampshire court repeat the process at the behest of the same left-wing players is not surprising.  But this is.

The New Hampshire State Supreme Court has lifted the injunction against SB3. Election officials are ordered to enforce the law for the 2018 mid-Term Election.

Pursuant to the attached Order issued by the New Hampshire Supreme Court today, the injunction on Senate Bill 3 that was issued earlier this week has been lifted.  Senate Bill 3 will remain in effect through the November 6, 2018 General Election.  Local election officials must conduct the General Election consistent with prior elections held under Senate Bill 3 and the training you have received from the Secretary of State’s Office.

Local Election official must continue to use the current Senate Bill 3 registration forms for voters seeking to register prior to Election Day and on Election Day.

Any questions should be directed to Deputy Secretary of State, David Scanlan, (603) 271-3242 or Assistant Attorney General Matthew T. Broadhead (603) 271-3650.

The court’s complete order is below but here’s the gist of things.

However, the court is persuaded that, regardless of the merits, the timing of the preliminary injunction, entered by the trial court a mere two weeks before the November 6 election, creates both a substantial risk of confusion and disruption of the orderly conduct of the election, and the prospect that similarly, situated voters may be subjected to differing voter registration and voting procedures in the same election cycle.The Secretary of State and AG requested the stay.

The AG and Secretary of state requested the stay so give them their due.

Upon consideration of the Emergency Motion to Stay filed by the defendants, William M. Gardner, in his official capacity as the New Hampshire Secretary of State, and Gordon MacDonald, in his official capacity as the New Hampshire Attorney General, and the objection filed by the plaintiffs, the League of Women Voters of New Hampshire, Douglas Marino, Garrett Muscatel, Adriana Lopera, Phillip Dragone, Spencer Anderson, Seysha Mehta, and the New Hampshire Democratic Party, the court hereby grants the motion.

When the Democrat party and the Leauge of Women Vote Stealers got Judge Screwy Lewis to invalidate the voter ID/Domicile law right before the 2012 elections, four ‘Students’ were named in the suit. We can assume that Muscatel, Lopera, Dragone, Anderson, and Mehta are out of state students, probably paying out of state tuition. That’s useful. Having their names will make it easier for Ed Naile to do a bit of research while we wait to see the challenge proceed after the election.

Until then, thank the State Supreme Court for having the sense to grasp what has happened here. Another last-minute bit of judge shopping to harpoon a law passed by the elected legislature and signed by the elected governor that in no way prohibits out-of-state students from legally voting absentee in this or any election from the out-of-state address to which their tuition bill gets mailed. The same address that prevents them from getting discounted in-state tuition in the UNH system because UNH has determined that it does not qualify them as residents of the State of New Hampshire.

One more point. If Democrats retake the legislature and Governors office, they’ll erase SB3 on day 2. Day 1 is reserved for repealing constitutional carry. We’ll have open borders voting and actual residents will lose what little voice they have left in deciding who represents them, spends their money, and regulates their business and conduct. Democrats will ensure that whoever shows up on election day, regardless of what state they live in, will decide those things.

Republicans will work hard to make sure it is actual New Hampshire citizens who choose their elected officials.

Vote accordingly.

Court Order SB3

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, blogger, and a member of the Board of directors of The 603 Alliance. He is the owner of Grok Media LLC and the Managing Editor of GraniteGrok.com, a former board member of the Republican Liberty Caucus of New Hampshire, and a past contributor to the Franklin Center for Public Policy.

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