Tuesday, October 23, 2018

NH State Court blocks Proof of Residency Law Aimed at Curbing Student Voting


The Case is: League of Women Voters of New Hampshire, et al v William M Gardner, et al 226-2017-CV-00433 226-2017-CV-00432

Plaintiffs have brought Action seeking to Overturn Legislation Amending New Hampshire's Voter Registration Process commonly known as Senate Bill 3 ("SB3"). Specifically, Plaintiffs allege that SB3 Violates the Constitution by Burdening the Right to Vote:

(Count I) Contradicting the Domicile Qualification.
(Count II) Violating Equal Protection.
(Count Ill) Being Void for Vagueness.
(Count IV) Plaintiffs have Moved for a Preliminary Injunction to Enjoin Enforcement of SB3 for the upcoming Midterm Elections.

The Court held a Hearing from August 27th through September 7th, 2018. Thereafter, the Parties Submitted Requests for Findings of Fact and Rulings of Law on September 24th, 2018.

Upon Consideration of the Evidence, the Parties' Arguments, and the Applicable Law:

The New Hampshire State Court’s Opinion finding the Law likely Unconstitutional.

The Court gave No Credit to the State’s Unsupported Claim that the Law was necessary to Prevent Voter Fraud or instill Public Confidence.

Despite the Proximity to the Election, the Court Enjoined the Law’s use in the November General Election.

CLICK HERE to read the 24 page(pdf) Opinion.










NYC Wins When Everyone Can Vote! Michael H. Drucker
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