Voters in Nashua are registering on Election Day, November 5, 2024. (Will Steinfeld | New Hampshire Bulletin)

The new law that will require strong proof of identity and citizenship to vote in New Hampshire has only just taken effect – six days after the November 5 general election.

But already, Republican and Democratic legislators are seeking to modify it during this legislature.

Republicans hope to expand the law, known as Parliamentary Bill 1569. It requires all voters to show identification at the polling place or they will not be allowed to vote. And it requires all new voters to submit paper copies proving their U.S. citizenship through a birth certificate, passport or other documents.

Rep. Bob Lynn, a Windham Republican and architect of the existing law, is introducing legislation to expand documentary requirements for absentee voters.

Lynn is also introducing a bill intended to help people who can’t afford to pay obtain a copy of their birth certificate from another state — and to allow the Secretary of State’s office to use databases to attempt to confirm the person’s citizenship.

Democrats, meanwhile, are introducing a bill to repeal the law. They say the new requirements will impose undue burdens on voting and disenfranchise people who do not have ready access to identity and citizenship documents.

And which weighs on all legislation, it is a pair of lawsuits in federal court intended to overthrow the law.

After Gov. Chris Sununu delayed signing it so it wouldn’t affect the Nov. 5 election, the law will first take effect in the spring of 2025 for the town meeting season.

Financial assistance for citizenship requirement

Lynn says one of his bills aims to make it easier for people to comply with current law.

“Contrary to the claims of some opponents, the goal is not to suppress the vote,” he said in an interview. “It’s the furthest thing we want to do. We want to try to make it as accessible as possible.

The bill requires a municipal clerk or municipal elections official to contact the secretary of state’s office if a resident attempts to register to vote but does not have the proper documentation, according to a bill provided to the Bulletin by Lynn.

At that point, “it shall be the responsibility of the Secretary of State to make reasonable efforts to determine whether the person is a United States citizen,” the bill states. The office can do this by accessing “relevant and available state, out-of-state, and federal databases that contain this information,” the bill continues.

The bill does not specify which databases the state could use.

Lynn pointed out a database maintained by the United States Citizenship and Immigration Services known as SAVE. It is designed to allow federal, state and local agencies to verify the immigration status and citizenship of applicants seeking licenses and benefits, according to its website.

In a statement Friday, Secretary of State’s Office spokeswoman Anna Sventek said the office would likely have to rely on multiple databases if the bill passes.

“The Secretary of State’s office is aware that there is not a single database that can be used to confirm the citizenship of every citizen,” she said. “We are aware of some federal agencies that are able to confirm certain information; If the bill passes, we will conduct a thorough review of the resources available to help us verify citizenship.

The idea of ​​directing the secretary of state’s office to use databases to help confirm voters’ citizenship is not new; Last spring, Senator James Gray proposed passing a version of HB 1569 that included this language. The invoice, HB1370did not succeed.

At the time, Gray said he discussed a number of potential databases with the Secretary of State’s office — including the state’s own records within the Division of Motor Vehicles — and believed the effort would solve most voters’ problems. But Secretary of State David Scanlan said separately that while a hotline “could be put in place,” it could also cause difficulties.

Lynn’s bill does not require the secretary of state’s office to assist in every case. If the request is made on Election Day, for example, “neither local officials nor the Secretary of State will be required to expend time or effort in verifying citizenship that would unreasonably interfere with their other duties on Election Day,” the bill states.

The second part of the bill would provide financial assistance to anyone seeking to obtain their birth certificate or other citizenship document. This person will have to sign an affidavit at their municipal office swearing that they cannot afford to pay the fees; the city or town would then pay a voucher to cover expenses. The city would be reimbursed by the Secretary of State.

The new bill comes amid lawsuits that the new documentation requirements will disenfranchise people who cannot afford to obtain their citizenship documents to register to vote – or who simply do not have enough time to do so before Election Day. New Hampshire law is the only one of its kind in the country require tangible proof of citizenship to register on the federal electoral roll.

Lynn says the existing law, HB 1569, is constitutional and will stand up to judicial review on its own. But passage of the bill that orders database checks and provides financial assistance could further weaken the plaintiffs’ case against the state, Lynn argued.

“This is not a response to the lawsuit,” he said. “But you know, to the extent that we can do things to make it even more accessible to people who claim to be indigent or who… for one reason or another don’t have citizenship documents, we can offer them other ways. to meet this requirement, I am very much in favor of this.

Lynn’s second bill next year would extend documentary requirements to absentee voters, requiring those voters to either vote absentee in person with their ID in hand or include photocopies of their ID. New voters in the state should include photocopies of all documents required for registration, including citizenship.

Democrats push for repeal

Democrats hope to move the state in a different direction. Rep. Connie Lane of Concord submitted a bill to repeal HB 1569 and allow voters to continue using affidavits to register to vote if they do not have their physical proof of citizenship.

But Republicans have expanded their control of the House and Senate, with a 221-178 advantage over Democrats in the House, so Lane doesn’t expect repeal to succeed.

Democrats are bringing back other long-standing election law efforts. One of them is a bill to enact “no excuse” absentee voting, which would allow New Hampshire residents to vote early without meeting the current list of reasons. These include being out of town on Election Day, having a physical disability or illness, having a religious commitment, having a work commitment, caring for an adult or child, to be protected under a domestic violence order, and others.

Republicans have opposed no-excuse mail voting in the past, arguing it could lead to fraud and allow people to coerce others into voting a certain way.

“I don’t expect it to go very far, but I think we want to keep it on the radar,” Lane said. “Because it’s something — at least to my constituents and others — it seems to be a popular thing.”

Lane said Democrats would introduce a bill to make it easier for military personnel and foreigners to vote, by allowing them to vote online.

And she said she would also try to work with Republicans on legislation to allow online voting registration. In 2023 and 2024, lawmakers came close to passing such bills, but negotiations broke down at the last moment during conference committee sessions.

“It’s not easy to register to vote in New Hampshire, and the Republicans don’t like same-day (registration) and they’ve made it increasingly difficult to register on the same day ” she said. “So I hope we can move into the century that we’re in and help people do that online.”