Committee Summary for House Election Law (02/21/2025)

Bill/Time	Type	Title	Sponsor
Unclear 00:01:31.119 - 8:30:42 AM	General Working Session	Unclear

Unclear: Representative C Information Only00:01:31.119 - 8:30:42 AM; Representative C opened the February 21st working session of the election law subcommittee on voter registration and impacts of non-resident voting. They led the group in the Pledge of Allegiance and introduced the mission statement of the subcommittee, which involves evaluating and reconciling various 2025 house bills related to voter registration and non-resident voting. The subcommittee is tasked with reviewing legislation for constitutionality, alignment with federal election law, and legal precedents, considering historical context, and issuing a report by March 14th.
Unclear: Secretary of State Information Only00:17:05.280 - 8:46:16 AM; The Secretary of State clarified the distinction between residency and domicile, emphasizing that when individuals register to vote in New Hampshire, they claim it as their domicile residence, thereby subjecting themselves to the same laws as residents. They discussed the implications for college students and how they can choose to vote in their college community or their original community. The Secretary also touched on absentee ballots, explaining that the identification requirements for absentee voters are not as stringent as those for in-person voters. They noted that the process for verifying absentee ballots has been challenged in court, resulting in changes to how signatures are compared.
Unclear: Henry Clement Totz, Deputy Legal Director, ACLU of New Hampshire Information Only00:43:08.400 - 9:12:19 AM; Henry Clement Totz discussed the legal complexities surrounding residency and domicile in New Hampshire, especially in relation to voting rights. He explained the historical confusion between these terms and the impact of recent legislation and court cases, such as HB1264 and Casey vs. Secretary of State. Totz highlighted the implications for individuals who vote in New Hampshire but do not drive, stating they are not obligated to get a New Hampshire driver's license. He also addressed the issue of signature mismatching in absentee ballots and the court's ruling in CEO vs. Garder, which found the practice unconstitutional due to lack of opportunity for voters to cure discrepancies and uneven enforcement. Totz emphasized the constitutional considerations under the Anderson-Burdick framework when evaluating voting laws and the burdens they impose on voters.
Unclear: Unidentified Speaker Information Only01:46:42.440 - 10:15:53 AM; The speaker begins by summarizing the morning's discussions on legal precedents, particularly the 2019-2020 Casey versus the New Hampshire Secretary of State case, and the testimony from the Secretary of State's office and the ACLU regarding voter registration and election security. The speaker emphasizes the need to balance the state's interest in secure elections with the right to vote, highlighting this as a key consideration for the committee. They mention previous discussions on bills related to RSA 659:13 and the need to address domicile issues correctly within the RSA. The speaker then shifts focus to discuss House Bill 365, which pertains to voter identification and proof of citizenship, explaining its provisions and the mechanism for citizenship verification on Election Day.
Unclear: Representative Jameson Oppose01:54:38.199 - 10:23:49 AM; Representative Jameson expresses opposition to the discussed bill, highlighting a significant amount of testimony against it, with a ratio of 10 to 1. They criticize the lack of input from the bill's sponsor and the absence of interactive questioning. Concerns are raised about the practicality of an affidavit for indigency versus citizenship, questioning why one would be accepted but not the other. They also mention issues with the voucher program, which would mostly benefit those born in New Hampshire, and the potential impact on same-day registration, suggesting it would be unworkable on Election Day.
Unclear: Representative Burnham Information Only01:57:47.000 - 10:26:58 AM; Representative Burnham seeks clarification on the issue of indigency and proof of citizenship, questioning whether it is a prevalent issue. They are informed that the bill might be a response to House Bill 1569 from the last session, which removed the ability to swear under penalties of perjury about citizenship status, and the current bill aims to clarify citizenship requirements.
Unclear: Unidentified Speaker Information Only01:58:34.960 - 10:27:45 AM; The speaker reiterates the established requirement of citizenship for voting in New Hampshire and discusses the balance between voter qualifications and the burden of proof. They mention the challenges faced by some voters in providing proof of citizenship and the efforts to find a 'sweet spot' in addressing these issues. They acknowledge Representative Jameson's concerns and suggest these will be considered in executive sessions and committee reports.
Unclear: Representative Lane Information Only02:13:04.320 - 10:42:15 AM; Representative Lane arrives late and inquires if the topic of citizenship and its history was covered. They are informed that the necessity of citizenship as a qualification for voting in New Hampshire is established, but the challenge lies in the proof of citizenship, particularly for those with difficulties in providing documentation. Lane also mentions the upcoming discussion on House Bill 385, which aims to repeal House Bill 1569 and restore previous statutes related to voter registration.
Unclear: Unidentified Speaker Information Only02:04:17.280 - 10:33:28 AM; The speaker discusses House Bill 217, which addresses absentee registration affidavits. They explain the bill's provisions, which allow voters who are not yet registered and will be absent during election day to register and vote by absentee ballot. The bill requires voters to attest to their citizenship, age, and domicile, and submit documentation. The speaker notes that the bill tries to align voter qualifications for those unable to apply in person or vote on election day.
Unclear: Representative Lane Information Only02:38:39.200 - 11:07:50 AM; Representative Lane further discusses House Bill 385, stating its intent to repeal House Bill 1569 and restore the statutes to their previous state. They mention the urgency of filing the bill due to the timing of the governor's approval of the previous bill and the need to ensure no unintended changes were introduced. Lane suggests that the subcommittee should review both bills for comparison.
Unclear: Unidentified Speaker Information Only02:46:28.800 - 11:15:39 AM; The speaker concludes the session, emphasizing the importance of the legal precedents discussed, such as the Casey versus Secretary of State case, and the need to understand these in the context of voter registration and election security. They mention future discussions and the need for further research on citizenship requirements and related court cases. The session ends with plans for the next meeting and potential outreach to the Attorney General's office for election law questions.
Unclear: Representative Nome Information Only02:48:03.600 - 11:17:14 AM; Representative Nome acknowledges the comprehensive coverage of topics and the importance of applying policy considerations to ensure secure and fair elections. They look forward to delving deeper into these issues in future discussions.
Unclear: Representative Burnham Information Only02:48:48.920 - 11:17:59 AM; Representative Burnham appreciates the informative nature of the session and the presence of guests explaining procedures, which aids in their decision-making process regarding future actions on voter registration.
Unclear: Representative Lane Information Only02:49:37.359 - 11:18:48 AM; Representative Lane echoes Representative Nome's comments on the session's coverage and the importance of the discussed topics for future policy considerations.

Berry, Ross(Chairman)(R)[A-]2024	Burnham, Claudine(Clerk)(R)[A]2024	Qualey, James(V Chairman)(R)[A-]2024
Ward, Gerald(D)[CT]2024	Prudhomme-O'Brien, Katherine(R)[B+]2024	Gilmore, Gary(D)
See, Alvin(R)[A]2024	Grill, Jessica(D)[CT]2024	Wood, Clayton(R)[A-]2024
Bay, Luz(D)[F]2024	Wherry, Robert(R)[A]2024	Harvey-Bolia, Juliet(R)[A]2024
Muirhead, Russell(D)[CT]2024	Wilhelm, Matthew(D)[CT]2024	Lane, Connie(D)[F]2024
Newsom, James(D)	Toner, Travis(R)	Guzofski, James(R)