#HB1301 relative to challenging votes--Republicans are split #nhhouse

HB 1301, relative to challenges to voters.  MAJORITY:  OUGHT TO PASS.  MINORITY:  INEXPEDIENT TO LEGISLATE.

Rep. Dino A Scala for the Majority of Election Law: The majority feel that HB 1301 removes an unnecessary step to the process of challenging a voter.  Although we all believe the right to vote is and will continue to be held to the highest standard of fairness, a right to challenge a voter should remain valid and to a degree unencumbering to the

challenger.  The majority feels removing the paperwork of a challenge voter affidavit will not increase the amount of unwanted challenges because the moderator has the final authority in all challenges.  The system of challenges has worked for many years with the affidavit.  The majority feels it is time to remove this unnecessary requirement. Vote 10-6.      

Rep. Kathleen M Hoelzel for the Minority of  Election Law: This bill would eliminate the explicit requirements that a challenger to a voter must state a reason for the charge that a voter should not be allowed to vote, that the challenger must have evidence to back up his allegation.  Instead, it requires the voter to disprove the allegation, and that challenge be in writing.  This turns the law on it head.  The minority believes that someone who wishes to take away someone else’s most fundamental right to vote should be held to the highest standard, not the lowest.  The minority felt strongly that eliminating the written challenge requirement leaves town moderators at real risk of legal action because the moderator cannot require documentation of the challenge.  Without a written record of the challenge, the moderator would have no means to defend him or herself against a claim that he or she had done something wrong.  But, most importantly, the deputy secretary of state testified that the bill creates an opportunity for mass, indiscriminate challenges that could have the effect of disenfranchising our fellow citizens’ fundamental right to vote.  This legislature is duty-bound to protect the right to vote, not create opportunities for taking it away.