Many of us know New Hampshire is not a home-rule state. What that means is towns and cities can only pass laws that the State says they can. Unfortunately, many government officials either do not know this, or they knowingly violate the law hoping they don’t get called out on it.
There is a widespread push by polling moderators to require the voters wear a mask on election day. Even towns without a mask ordinance are doing this. Make no mistake, this is an issue of control meant to intimidate and suppress the vote. It is also illegal.
Under N.H. RSA 659:9 Moderator to Oversee Voting. –
NH RSA 659:9 Moderator to Oversee Voting-
“It shall be the duty of the moderator to secure the observance of the provisions of the following sections relating to the conduct of voting.” Nowhere in the entire election code of laws does it give moderators the authority to just make up rules as they go along. Especially if those rules suppress a group of voters. Under N.H. RSA 659:12 Who Can Vote. – “All persons whose names are entered upon the corrected checklist brought by the town or ward clerk to the polling place shall be entitled to vote.”
Some moderators are telling people to just vote absentee ballot if wearing a mask is an issue. Interestingly, they are attempting to commit voter fraud in many circumstances. This year, the State modified who can vote by absentee ballot. The form now specifically includes “I am unable to register in person due to a disability or concern for the novel coronavirus (COVID-19),”. For myself, and many others, I do not have a concern over COVID, and I cannot lawfully vote by absentee ballot. Yet, moderators are forcing people to commit voter fraud to enforce their political agenda.
If someone isn’t willing to break the law, they have another option; not vote. This is called voter suppression. Moderators are intimidating people in order to get them not to vote. This is also illegal.
It is a Class B felony under N.H. Law to intimidate or suppress voters. Under RSA 659:40 II. “No person shall use or threaten force, violence, or any tactic of coercion or intimidation to knowingly induce or compel any other person to vote or refrain from voting, vote or refrain from voting for any particular candidate or ballot measure, or refrain from registering to vote.”
Federal law also prohibits voter intimidation under the Voting Right Act of 1965
“52 U.S. Code § 10307. Prohibited acts(a)Failure or refusal to permit casting or tabulation of vote
No person acting under color of law shall fail or refuse to permit any person to vote who is entitled to vote under any provision of chapters 103 to 107 of this title or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person’s vote.
(b)Intimidation, threats, or coercion
No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under section 10302(a), 10305, 10306, or 10308(e) of this title or section 1973d or 1973g of title 42.”
It is time the New Hampshire Attorney General’s office actually investigate voter suppression and intimidation and not turn a blind eye to it. Further, these moderators who are willfully violating the law should be held personally accountable including being charged with a felony. Maybe if there were consequences for them they wouldn’t be violating others’ constitutional rights. If I am elected as Hillsborough County Attorney, I am putting people on notice that I will not allow voter suppression to stand.
Dan Hynes is a candidate for Hillsborough County Attorney who lives in Bedford. He is a former State Representative that served on the Judiciary Committee and a practicing attorney in New Hampshire.
