Governor Kelly Ayotte signed House Bill 323 into law. As a result, student IDs are no longer a valid form of identification to obtain a ballot in New Hampshire.
But note that a “driver’s license issued by any state” remains a valid form of identification. This means that, notwithstanding all the hooting and hollering over HB 323 becoming law, it remains as easy as ever for out-of-State college students to vote in New Hampshire. Let’s discuss.
Voting in New Hampshire is a two-step process. First, the person must register to vote and, second, the person must obtain a ballot. Registering to vote means proving eligibility to vote. The applicant must prove (1) citizenship, (2) age, and (3) domicile in New Hampshire:
Domicile can be proved via documentation listed in subsection (c) (1) or, if the applicant attests that he has none of those documents, by “any reasonable documentation” of domicile. This includes domicile “at the location of an institution of learning the applicant attends, as set forth in RSA 654:1, I-a”.
The Secretary of State allows college students to “meet the requirements of RSA 654:1, I” simply by proving that they are college students. The following is from “guidance” issued by the Secretary of State:
So to recap … New Hampshire allows an out-of-State college student to prove domicile in New Hampshire simply by proving that he is attending college in New Hampshire. And New Hampshire law allows that out-of-State college student to obtain a ballot using an out-of-State driver’s license.
Once an out-of-State college student claims domicile in New Hampshire, he is supposed to obtain a New Hampshire driver’s license, IF HE DRIVES IN NEW HAMPSHIRE.
As far as we know, the requirement that out-of-State college students who claim domicile in New Hampshire obtain a New Hampshire driver’s license is NOT enforced. Even if it were enforced, it appears the out-of-State college student could simply claim he only drives in New Hampshire to come and go from his parents’ home.
The “bottom line”: It’s as easy as ever for out-of-State college students to vote in New Hampshire.
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