Court Cases

On October 31, 2014, the ACLU-NH filed a federal lawsuit on behalf of three New Hampshire voters—including one member of the New Hampshire House of Representatives—challenging RSA 659:35(I) on the grounds that it violates the right to free speech under the First Amendment.

This suit challenges the NH law which would freeze out students and other mobile domiciliaries from federal and state elections. The law would require those registering to vote to sign an affidavit agreeing that they are subject to the state’s onerous and financially burdensome residency laws.

The NH House of Representatives requested a legal opinion from the NH Supreme Court regarding the constitutionality of House Bill 112. The ACLU-NH filed a brief stating the requirements imposed are not only arbitrary and irrational but would create a financial obstacle for people entitled to vote.