On May 31, 2018, the ACLU of New Hampshire (ACLU-NH) and the Fair Elections Center filed a joint memorandum before the New Hampshire Supreme Court arguing that HB 1264 is both unripe for judicial review and unconstitutional. 

As explained in the brief, HB 1264 is not ripe for judicial review because courts can only adequately review constitutional questions concerning voting laws with the benefit of a full factual record developed through adversarial litigation.

However, if the Court chooses to opine on HB1264, the brief makes clear that this bill is unconstitutional.  As the brief explains, HB 1264 discriminates against and imposes onerous motor vehicle fees on voters who live in New Hampshire, but who know that they will be leaving the state at some point in the future.  As the bill’s legislative history makes clear, this bill is specifically targeted at deterring college students—who are constitutionally entitled to vote in New Hampshire—from exercising their right to vote. 

On July 12, 2018, in a 3-2 ruling, the New Hampshire Supreme Court declared HB1264 constitutional on an advisory, non-binding basis only.  The opinion can be found here


Gilles Bissonnette, ACLU-NH Legal Director, William Christie and S. Amy Spencer

Pro Bono Law Firm(s)

Shaheen & Gordon, P.A.

Date filed

May 31, 2018


New Hampshire Supreme Court



Case number



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