This is Part II 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.
1972 was a pivotal year in American history: Bernie Sanders and Joe Biden sought political office for the first time, the Watergate break-ins began the unraveling of a presidency, and George McGovern's landslide defeat arguably nudged the Democratic Party to the right for decades. It was also a year of landmark legislation, including the Clean Water Act and Title IX, setting in motion changes that still shape American life today.
But even as the country grappled with sweeping national changes, some of the most immediate battles over democracy and civil rights were playing out at the local level, including in New Hampshire, where a fundamental question about who could vote loomed over the state's critical First in the Nation primary.
On January 26th, New Hampshire Attorney General Warren Rudman and the New Hampshire Civil Liberties Union announced an imperfect compromise that did not fully address the residency problem but also did not actively disenfranchise college students. In essence, the state would allow college students to vote, as long as they claim to intend to remain in New Hampshire indefinitely. No further inquiry would be made, and it would be assumed that the student was answering the question in good faith. If a student said that they were planning to move away at any time, they would be denied the right to vote. Judge Hugh Bownes of the United States District Court for New Hampshire signed the compromise.
That day's edition of the Valley News asked a very obvious question, does this apply to non-college student New Hampshire residents who declare an intent to leave at a certain time? If a person moves to New Hampshire to work for a limited duration, which could be years, and plans to return to the place from which they moved, they (in theory) would be unable to vote in any location. This question would remain unanswered.
Not surprisingly, this did not end the saga, and another lawsuit was filed just a month later by a Dartmouth College student who was denied the right to vote because of his stated intent to move back to Hawaii after graduation. Within a week of the lawsuit being filed, Bownes issued a temporary injunction that would allow the student to register to vote in the New Hampshire Presidential primary.
The final resolution in this case would come in June when the District Court decided Newburgh v. Peterson where the judges found that the indefinite residency question was a violation of the Fourteenth Amendment.
In their opinion, the judges reckoned with the question that the Valley News had asked which dealt with this compromise's application to non-college students.
On the one hand, New Hampshire excludes from the franchise a student candid enough to say that he intends to move on after graduation, a newly-arrived executive with a firm intention to retire to his Florida cottage at age 65, a hospital intern or resident with a career plan that gives him two or three years in New Hampshire, a construction worker on a long but time-limited job, an industrial or government trainee working up a precise career ladder, a research contractor on a project with a deadline, a city manager hired for a term, a military person on a term of duty, a hospital patient with a hoped-for goal of discharge. On the other hand, those persons who are less precise in their planning or less confident that their plans will be realized at a time certain are allowed to vote.
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In this day of widespread planning for change of scene and occupation we cannot see that a requirement of permanent or indefinite intention to stay in one place is relevant to responsible citizenship. Or, to state it legally, the state has not shown that the indefinite intention requirement is necessary to serve a compelling interest.
The judges believed that the compromise had disenfranchised a wider swath of the population than just college students and that it represented an outdated way of thinking about residency. The Fourteenth Amendment prevailed, and this compromise (and the 19th century New Hampshire residency law) fell.
The immediate fire was out, and students could now vote in New Hampshire.
However, as we would learn in the coming decades, while the fire was out, its embers remained. Join me for Part III, in which we look at the contemporary struggles and the re-emergence of this issue in the 21st century.
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Look Ahead!Part III will cover more contemporary battles, including the rise of voter ID and its usage as a vehicle to suppress the student vote.
Part IV will cover the Chris Sununu era and the battle over college student voting in the late 2010s.
Part V will wrap it all up and talk about the current struggle