The Tea Party speaker of the New Hampshire House of Representatives, William O'Brien (R-Mont Vernon), is asking a state court to force the state attorney general to accept his interpretation of a new voter registration law relating to college students.
Legislators passed the law -- over the veto of Gov. John Lynch (D) -- earlier this year to require those registering to vote to obtain residency in the state, including a driver's license and car registration. The previous law said that living in the state -- including living in a dorm room -- was sufficient to vote.
O'Brien is objecting to a state judge's ruling -- and state Attorney General Michael Delaney's view -- on the law the Legislature passed because the ruling does not change the state's definition of "residency' and "domicile" in the Granite State, Foster's Daily Democrat reports. The law was challenged in court with Delaney arguing that O'Brien's interpretation is not included in the version of the law passed.
Foster's Daily Democrat reports:
The judge ruled New Hampshire law continues to distinguish between having a "domicile" and being a "resident." He called the new wording on the voter registration form an "inaccurate and confusing expression of the law," and said it "does not pass constitutional muster."
Associate Attorney General Richard Head, who handled the court case for the state, did not attempt to persuade [the judge that] O'Brien's interpretation of the law is correct, nor did he advance it in court.
"My office is only able to defend the law that the Legislature actually passed, not the law that the Speaker wishes had been passed," Delaney said in a prepared statement. "The law that the Legislature passed did not, in any way, modify the definition of residency in New Hampshire. The Speaker's position is simply not supported by the law and will weaken our position in defending the law. We will not present it in court."
O'Brien accused Delaney of constitutional harm in a statement, the Nashua Telegraph reported.
"The attorney general's office is turning the Constitution on its head in order to compel the court to gag the Legislature from providing a defense that the people deserve for a duly passed law either because the attorney general is unable or unwilling to provide that defense," O'Brien said. "The people of New Hampshire deserve not to have non-residents wandering around diluting their votes."
O'Brien and the Tea Party-controlled House have been pushing stronger voter identification laws and other conservative leaning laws since taking office in 2011. In May, the Legislature overturned Lynch's veto of O'Brien's voter ID law in a contentious debate that included state Rep. Steve Vaillancourt (R-Manchester) giving O'Brien a Nazi salute on the House floor after O'Brien blocked him from opposing the bill.
Also on HuffPost:
Florida Eliminates Early Voting On Sundays
Tensions run high in Florida, a critical battleground state that passed an election law last year with several contested provisions. One bans a decade-long practice of early voting on Sundays before the election -- a window when as <a href="http://www.postonpolitics.com/2012/03/black-dems-trying-to-change-sunday-pre-election-voting-restriction/" target="_hplink">many as 30 percent</a> of black voters have previously cast ballots after attending church in a "souls to the polls" movement. Republican lawmakers claim the provision is meant to reduce election fraud, but some black Democrats say the calculation is more sinister. "It's my feeling it was done deliberately, a premeditated design, to suppress the vote of African-Americans in this country because it's playing out all over the nation in every state. It was intentional," Florida Sen. Arthenia Joyner (D-Tampa) said.
Photo ID Firestorm Rocks South Carolina
The Justice Department <a href="http://www.huffingtonpost.com/2011/12/23/south-carolina-voter-id-law_n_1168162.html" target="_hplink">dealt a blow </a>to South Carolina Gov. Nikki Haley's law requiring voters to show photo ID at the polls, arguing that it discriminated along racial lines. Haley's administration fired back <a href="http://www.huffingtonpost.com/2012/02/07/south-carolina-voter-id-law-lawsuit-justice-department_n_1260369.html" target="_hplink">with a lawsuit</a> that is expected to be decided in September. Rep. Jim Clyburn (D-S.C.) said earlier this year that Republicans hope to tip the outcome of the presidential election by lowering voter turnout by 1 percent in each of nine states that have passed voter ID laws, the <a href="http://westashley.patch.com/articles/democrats-combat-voter-id-law-by-organizing#video-9786253" target="_hplink">West Ashley Patch reports</a>. "I know nothing has changed yet," he said. "But I just do not trust the judiciary that we're operating under."
Disenfranchised Grandmother Sues Pennsylvania
Under Pennsylvania's new voter ID law, voters must show a photo ID issued by the state or federal government. The state-issued IDs are free, but getting one requires a birth certificate, which costs $10 in Pennsylvania. Not everyone is having an easy time navigating the new system. Earlier this month, Viviette Applewhite, 93, <a href="http://www.huffingtonpost.com/2012/05/02/pennsylvania-voter-id-law-viviette-applewhite_n_1472192.html" target="_hplink">filed a lawsuit </a>with the ACLU and NAACP challenging the law. Applewhite, who marched with Martin Luther King Jr. during the civil rights movement, does not have a driver's license, and the state cannot find her birth certificate. She is afraid that this year will be the first since 1960 that she will be unable to vote. Applewhite's dilemma is not uncommon. Some <a href="http://www.philly.com/philly/blogs/montco_memo/142671935.html" target="_hplink">700,000 Pennsylvanians</a> lack photo ID and half of them are seniors. According to <a href="http://www.brennancenter.org/page/-/d/download_file_39242.pdf" target="_hplink">the Brennan Center</a>, 25 percent of voting-age black citizens have no government-issued photo ID, compared to 8 percent of white citizens.
Kansas Moves To Accelerate Proof Of Citizenship Law
The Kansas House <a href="http://www.huffingtonpost.com/2012/05/08/voter-id-law-kansas-proof-of-citizenship-2012_n_1500109.html" target="_hplink">voted earlier this year</a> to move up the date a proof of citizenship law goes into effect to June 15, 2012, so it will limit who can vote in the presidential election. HuffPost's John Celock <a href="http://www.huffingtonpost.com/2012/05/08/voter-id-law-kansas-proof-of-citizenship-2012_n_1500109.html" target="_hplink">reports</a>: <blockquote>Rep. Ann Mah (D-Topeka) said the entire idea of proof of citizenship to vote would fail in court due to it being discriminatory against married women who change their names. Mah said that women who change their name need to provide proof of marriage and citizenship and an affidavit regarding the name change.<br> Rep. Scott Schwab (R-Olathe) took issue with Mah's claims of court challenges. "I get frustrated that everyone who does not like policy says we'll end up in court," he said.</blockquote> Only 48 percent of voting-age women with access to their birth certificates have a birth certificate with a current legal name, which means that as many as 32 million American women do not have proof of citizenship with their current legal name, <a href="http://www.brennancenter.org/page/-/d/download_file_39242.pdf" target="_hplink">according to the Brennan Center</a>. The bill to change the start date <a href="http://salinapost.com/2012/05/10/kobach-concedes-kansas-voter-citizenship-plan-dead/" target="_hplink">eventually failed</a>, but will still go into effect next year.
Wisconsin Law Continues To Disenfranchise Voters After Suspension
Last year, Wisconsin Gov. Scott Walker <a href="http://www.huffingtonpost.com/2011/05/25/wisconsin-voter-id-law-scott-walker_n_867090.html" target="_hplink">signed a voter ID bill into law</a>, calling it a "common sense reform" that would "go a long way to protecting the integrity of elections in Wisconsin." As Walker's June 5 recall election approached, <a href="http://www.huffingtonpost.com/2012/04/03/wisconsin-voters-id-photo-suspension_n_1401476.html" target="_hplink">two judges suspended it on the basis that it is unconstitutional</a>. Still, poll workers <a href="http://www.huffingtonpost.com/2012/04/03/wisconsin-voters-id-photo-suspension_n_1401476.html" target="_hplink">reportedly asked some voters to show photo ID</a> during Wisconsin's April 2 primary, and one woman said that <a href="http://www.huffingtonpost.com/2012/04/04/wisconsin-voter-id-polls_n_1403864.html" target="_hplink">she and her 87-year-old mother were turned away at the polls </a>because they lacked current photo IDs -- even though they were registered to vote. "We were listed on their friggin' poll list and yet we had our names highlighted," the woman, who wanted to remain anonymous, <a href="http://www.huffingtonpost.com/2012/04/04/wisconsin-voter-id-polls_n_1403864.html" target="_hplink">told the <em>Milwaukee Journal Sentinel</em></a>.