New Hampshire Youth Movement (NHYM) sues Sununu regarding recently signed HB 1569.

THE NHYM ARGUMENT

The complaint https://www.democracydocket.com/wp-content/uploads/2024/09/12024-09-17-Complaint.pdf filed against David M. Scanlan, New Hampshire’s Secretary of State, centers around HB 1569 Bill Text: NH HB1569 | 2024 | Regular Session | Enrolled | LegiScan, a newly signed law that will impose stricter voter registration requirements by mandating documentary proof of citizenship. Plaintiffs argue that this requirement is unconstitutional and burdensome, particularly for certain groups, and seek declaratory and injunctive relief.

Nature of the Case:

The plaintiff, the New Hampshire Youth Movement New Hampshire Youth Movement - NHYouthMovement.org, challenges HB 1569 which mandates that new voters in New Hampshire provide proof of citizenship (such as a birth certificate, passport, or naturalization papers) before casting a ballot. Under current law, voters without such documentation can sign an affidavit attesting to their citizenship. HB 1569 will eliminate this option, making it difficult or impossible for certain groups to vote.

Key Allegations:

1. Unnecessary Law: Governor Sununu and Secretary Scanlan have both previously declared New Hampshire elections to be secure and reliable without this new law. Voter fraud, especially by noncitizens, is exceedingly rare in the state.

2. No Evidence of Fraud in Affidavits: The complaint argues that there is no proof that the affidavit process has been abused to commit voter fraud. Thousands of voters have used affidavits lawfully, and the only recent conviction for noncitizen voting did not involve the use of an affidavit.

3. Severe Barriers: The law will impose new and severe barriers for voters, particularly disenfranchising those unable to produce the required documents on election day. This issue regularly arises at the polls, and the affidavit system has been a necessary recourse for many.

4. Disproportionate Impact on Young and Marginalized Groups: The law will disproportionately affect students, young people, and marginalized groups, who may not have easy access to the required documents.

5. Constitutional Violations: The plaintiffs claim that HB 1569 violates the First and Fourteenth Amendments of the U.S. Constitution because the burdens it places on voters far outweigh any state interest in preventing noncitizen voting, especially since voter fraud is rare.

   
   

Relief Sought:

The plaintiff seeks a declaratory judgment that HB 1569 is unconstitutional, as well as a permanent injunction to prevent its enforcement. The case hinges on the argument that the law creates undue burdens on voters, especially on specific groups, without sufficient justification, thus violating their constitutional rights.

WHAT DOES THE SUNUNU SIGNED LEGISLATION MEAN?

The New Hampshire Governor signing this legislation admits that elections in New Hampshire are NOT verifying proof of citizenship and that affidavits DO NOT suffice for proof of citizenship.

QUESTIONS:

If affidavits will no longer be acceptable for verification of citizenship, how can an affidavit be acceptable for the verification of an absentee ballot?

How many absentee ballots have been cast and counted in prior NH elections without the proper verification and/or affidavit?

How can New Hampshire defend its current election laws?

Why is this legislation not effective for the November 5, 2024, general election?