NH Voter Rights under Attack
How Will Granite Staters Vote in The Presence of a Novel Pandemic?
by Bob Perry - April 3, 2020
All other disruptions caused by the global pandemic aside, despite their grave consequences, our state government must include among its priorities, innovative measures to ensure free and fair access to the ballot box leading up to the fall elections.
Unlike some states, NH law does not allow for no-excuse voting by absentee ballot. Examples of valid excuses for applying for an absentee ballot include a voter being required to be out of town on the day of the election by reason of an employment obligation, observance of a religious commitment, or disability.
Given the potential for a voter to have to balance their civic responsibility to vote against a fear of spreading or contracting COVID-9 at the polling place, legislative options exist if the bills below are amended accordingly.
HB 1672-FN, submitted last fall and prior to public awareness of COVID-19, is a straight-forward repeal of the law requiring a voter to provide certain reasons for voting absentee. It is a bill that would allow for no-excuse absentee voting.
Five states have had vote-by-mail convenience for several years. They are: Colorado, Hawaii, Oregon, Utah, and Washington. At least 21 other state laws allow vote by mail in lesser elections. This system eliminates the morning and evening crush of voters; conflicts emanating from disabilities; employment or religious obligations; care for the child or the infirmed; misdemeanor penalties for cheating on the absentee ballot application; and, specific to Elections 2020, standing in long lines of voters not practicing social distancing in violation of CDC guidance, gubernatorial mandate that people quarantine in their homes, or in violation of common sense and courtesy.
A law of this magnitude would provide the most sweeping remedy for the very real risks to our health that may lie ahead in upcoming municipal elections or the presidential election season beginning in September. It would also avoid unnecessary suppression of the vote, and complaints of an illegitimate election result.
HB 1672-FN BILL STATUS: Passed by the full house on a vote of 194-132 on March 12, 2020.
HB 1266, also submitted last fall prior to public awareness of COVID-19, was intended to clarify the requirements for absentee voting, and make related modifications to the absentee ballot forms.
The above bill was amended in the House Election Law Committee, an amendment which essentially replaced the original bill. Amending a bill to replace the bill is a common practice. This amendment, 2020-0791h does not currently contain language that would address voting rights in the era of COVID-19, but can be used as a vehicle using further amendment to include language establishing a public health risk as a legitimate reason to request an absentee ballot.
HB 1266 BILL STATUS: Passed as amended by 2020-0791h by the House Election Law Committee on a voice vote on 3.12.20. Next step: Vote by the full house. Date not yet scheduled, as the New Hampshire State House remains closed.
There is also a possibility the New Hampshire Constitution provides for emergency voting measures; and options may exist within the authority of the Secretary of State’s office to innovate without the involvement of the legislature.
The Town of Strafford Democratic Committee will provide regular updates on the progress of the above bills, related matters, and any alternatives that might become viable.
Unlike some states, NH law does not allow for no-excuse voting by absentee ballot. Examples of valid excuses for applying for an absentee ballot include a voter being required to be out of town on the day of the election by reason of an employment obligation, observance of a religious commitment, or disability.
Given the potential for a voter to have to balance their civic responsibility to vote against a fear of spreading or contracting COVID-9 at the polling place, legislative options exist if the bills below are amended accordingly.
HB 1672-FN, submitted last fall and prior to public awareness of COVID-19, is a straight-forward repeal of the law requiring a voter to provide certain reasons for voting absentee. It is a bill that would allow for no-excuse absentee voting.
Five states have had vote-by-mail convenience for several years. They are: Colorado, Hawaii, Oregon, Utah, and Washington. At least 21 other state laws allow vote by mail in lesser elections. This system eliminates the morning and evening crush of voters; conflicts emanating from disabilities; employment or religious obligations; care for the child or the infirmed; misdemeanor penalties for cheating on the absentee ballot application; and, specific to Elections 2020, standing in long lines of voters not practicing social distancing in violation of CDC guidance, gubernatorial mandate that people quarantine in their homes, or in violation of common sense and courtesy.
A law of this magnitude would provide the most sweeping remedy for the very real risks to our health that may lie ahead in upcoming municipal elections or the presidential election season beginning in September. It would also avoid unnecessary suppression of the vote, and complaints of an illegitimate election result.
HB 1672-FN BILL STATUS: Passed by the full house on a vote of 194-132 on March 12, 2020.
- 3 Republicans joined 191 Democrats voting passage;
- 1 Democrat and 1 Libertarian joined 131 Republicans voting against passage;
- District #3 State Representatives Harrington and Wuelper were among Republicans voting against passage.
HB 1266, also submitted last fall prior to public awareness of COVID-19, was intended to clarify the requirements for absentee voting, and make related modifications to the absentee ballot forms.
The above bill was amended in the House Election Law Committee, an amendment which essentially replaced the original bill. Amending a bill to replace the bill is a common practice. This amendment, 2020-0791h does not currently contain language that would address voting rights in the era of COVID-19, but can be used as a vehicle using further amendment to include language establishing a public health risk as a legitimate reason to request an absentee ballot.
HB 1266 BILL STATUS: Passed as amended by 2020-0791h by the House Election Law Committee on a voice vote on 3.12.20. Next step: Vote by the full house. Date not yet scheduled, as the New Hampshire State House remains closed.
There is also a possibility the New Hampshire Constitution provides for emergency voting measures; and options may exist within the authority of the Secretary of State’s office to innovate without the involvement of the legislature.
The Town of Strafford Democratic Committee will provide regular updates on the progress of the above bills, related matters, and any alternatives that might become viable.
Former Federal Election Committee Chair Visits NH

Former Federal Election Committee Chair Ann Ravel visited New Hampshire in October of 2019 to speak to the status of the Federal Election Commission (FEC), which was created to ensure every vote is counted, every vote counts, campaign finance laws are enforced, and violators are held to account.
About 20 legislators participated in Ms. Ravel’s presentation at a breakfast in the state house cafeteria. She then traveled to Peterborough, culminating in a Democracy Dinner in Greenland. (Photo includes Strafford Town Democratic Committee Chair Bob Perry on the far left, and Ann Ravel standing).
Because President Trump refuses to fill at least one of 4 vacant seats, our FEC does not have a quorum. With no quorum, it can only investigate complaints of violations of campaign finance laws previously approved when it had a quorum, cannot take a position on those investigations by way of a vote by its members, and cannot investigate new complaints of violations of campaign finance laws. Thus, the remaining 2 members, it’s chair, a Democrat, and one member, a Republican, are paid in full, but cannot fulfill the duties with which they are charged. Thus, Donald J. Trump has given a green light to all organizations which influence our elections to bend campaign finance laws, or to violate those laws with impunity.
Ms. Ravel spoke of a $15M fine imposed on an organization that violated campaign finance laws, the largest fine levied by the agency, which she pursed when she held the position of chair of the FEC. The current situation of the hobbled FEC, together with Trump’s denial of election manipulation of U.S. elections, brings our country to yet another area of uncharted waters.
About 20 legislators participated in Ms. Ravel’s presentation at a breakfast in the state house cafeteria. She then traveled to Peterborough, culminating in a Democracy Dinner in Greenland. (Photo includes Strafford Town Democratic Committee Chair Bob Perry on the far left, and Ann Ravel standing).
Because President Trump refuses to fill at least one of 4 vacant seats, our FEC does not have a quorum. With no quorum, it can only investigate complaints of violations of campaign finance laws previously approved when it had a quorum, cannot take a position on those investigations by way of a vote by its members, and cannot investigate new complaints of violations of campaign finance laws. Thus, the remaining 2 members, it’s chair, a Democrat, and one member, a Republican, are paid in full, but cannot fulfill the duties with which they are charged. Thus, Donald J. Trump has given a green light to all organizations which influence our elections to bend campaign finance laws, or to violate those laws with impunity.
Ms. Ravel spoke of a $15M fine imposed on an organization that violated campaign finance laws, the largest fine levied by the agency, which she pursed when she held the position of chair of the FEC. The current situation of the hobbled FEC, together with Trump’s denial of election manipulation of U.S. elections, brings our country to yet another area of uncharted waters.