This is Part III in my look at New Hampshire's history of attempting to disenfranchise college student voters. For Part I, which provides essential background information, please click here. You may read Part II here. You may read Part III here.
"A resident or inhabitant or both of this state and of any city, town, or other political subdivision of this state shall be a person who is domiciled or has a place of abode or both in this state and in any city, town, or other political subdivision of this state, and who has, through all of his or her actions, demonstrated a current intent to designate that place of abode as his or her principal place of physical presence [for the indefinite future] to the exclusion of all others."
- New Hampshire House Bill 1264
In July 2018, New Hampshire governor Chris Sununu signed a bill into law that amended the state's definition of "resident" for the purposes of voting. Despite a federal court clarifying that students could vote in the state and compromises being reached to make that happen, there were still some who felt that students were simply not welcome at the ballot box. On this day, those interests won.
Prior to this change, an intent to remain in the state "indefinitely" was sufficient to be considered a resident for voting purposes. In practice, this shift in definition would effectively force out of state college students to get New Hampshire driver's licenses and register their vehicles in the state. Since these things cost money, these new requirements essentially amounted to a poll tax. Just as they had in 1971 and 1972, the New Hampshire chapter of the American Civil Liberties Union came out against the legislation and filed a lawsuit to stop it from going into effect.
Widespread Opposition
The bill had passed despite widespread opposition and warnings that it would disenfranchise college students. In fact, the original venue for the bill's July hearing before the Senate Election Law and Internal Affairs Committee was insufficient to hold the people who had turned up to oppose the bill. College students, facing disenfranchisement, showed up to show their opposition.
Many opponents zoomed in on the removal of intent to remain "indefinitely" from the state's election laws. While a federal court later ruled it was unnecessary, even the most ardent opponents of student voting in 1972 agreed that a statement of intent to remain indefinitely was sufficient. This legislation upended a status quo that had essentially persisted for the last 45 years.
SB 3 and the Turn Toward Enforcement
As a voter suppression effort, HB 1264 did not stand alone. It built directly on Senate Bill 3 signed into law the previous year. SB 3 altered the mechanics of voter registration by requiring voters who registered without documentation to complete detailed affidavits and submit proof of residency either at the polls or through post-election follow-up. Those who failed to provide documentation in a timely manner faced civil penalties and the possibility of criminal prosecution.
SB 3 did not explicitly target college students, but its effects fell most heavily on them. Students, who are more likely to register close to Election Day and less likely to have New Hampshire-specific documentation on hand were transformed from presumed eligible voters into legal risks. Civil rights groups warned that SB 3 converted routine voter registration into an act that could trigger investigation by the Secretary of State or referral to the Attorney General.
The New Hampshire Civil Liberties Union, along with other voting-rights advocates, sued to block SB 3’s enforcement. In October 2018, just weeks before the midterm election, a state court issued a preliminary injunction preventing the law’s new registration forms and enforcement provisions from being used. The court concluded that SB 3 imposed unreasonable burdens on the right to vote and risked confusion and disenfranchisement at polling places.
That injunction foreshadowed SB 3’s eventual demise. In 2021, the New Hampshire Supreme Court struck the law down in its entirety, holding that it violated the state constitution by placing disproportionate burdens on eligible voters without evidence of a meaningful fraud problem.
HB 1264, by contrast, survived judicial scrutiny. Because it altered definitions rather than election-day procedures, it was treated by courts as a permissible legislative clarification rather than an immediate burden on voting. The result was an uneven legal landscape: SB 3, which enforced residency claims at the polls, was enjoined and invalidated; HB 1264, which raised the cost and risk of making those claims in the first place, endured.
After the New Hampshire Supreme Court issued a favorable advisory opinion regarding HB 1264, the lawsuits that sought to overturn it were withdrawn. It still stands to this day. The residency requirements imposed by HB 1264 survived, but the documentation requirements imposed by SB 3 did not. A college student registering to vote today may prove their identity and residency using documents provided by their college, satisfying the requirements of HB 1264.
Both laws were passed under the familiar banner of “preventing fraud.” In reality, they reflected a sustained effort to narrow the electorate by making student participation more expensive, more confusing, and more legally fraught.
The Broader Effort
Taken together, these measures represented the culmination of a long-running partisan effort to suppress the political power of those who live in New Hampshire but are not considered permanent enough to be trusted with a ballot. College students are undeniably present in the state for most of the year, and many will never return to their so-called “home” communities after graduation. Forcing them to vote in those communities compels them to participate in elections where the consequences of public policy may never touch them, while silencing them where those consequences most certainly will.
Part V, which will come next year, will examine the most recent updates.
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