ACLU sues New Hampshire for alleged voter suppression attempt

The American Civil Liberties Union (ACLU) on Wednesday sued the state of New Hampshire on behalf of two New Hampshire college students claiming a controversial new voting requirement of the state imposes an unconstitutional “poll tax” on voters and constitutes disproportionate burdens on young voters.

Under the previous law, the state legally defines a resident as someone who intends to remain in the state “for the indefinite future.” In order to vote in New Hampshire, one only needs to be “domiciled” there―meaning they have to establish a physical presence in the state that they intend to maintain. Under this definition, college students are specifically authorized by statute to claim domicile in the town or city in which he or she studies.

The new requirement removes the distinction between “residence” and “domicile” by striking the words “for the indefinite future” from the definition of “residence,” requiring every person who has a driver’s license or owns a car and intends to vote in New Hampshire to domesticate her driver’s license and car registration, costing hundreds of dollars. Thus, anyone claiming to be “domiciled” in order to be eligible to vote is also saying they are a resident and is then obligated to get a driver’s license and register their car in the state within 60 days after register to vote.

The ACLU alleges the new requirement as unconstitutional since it violates First and Fourteenth Amendment. They claim it imposes a severe burden on college students and other young voters. The ACLU alleges the state has not “narrowly tailored” the law to advance a “compelling state interest,” and even though there is a interest, the burden outweighs such interest. The new measure also allegedly violates the 24th Amendment, which prohibits poll taxes, as well as the 26th Amendment, which grants the right to vote to anyone 18 or older.

Source: Jurist