Ask Your Rep to Kill SB 223: Exclamation Point on Banning Student IDs for Voting

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[Your City & State]

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HOW TO SEND A CUSTOMIZABLE UJOIN EMAIL: <ol> <li>Review the pre-written message and make any edits or additions you’d like. Feel free to send as is, or delete the whole thing and write what you want! Personalized messages are often the most effective and persuasive. </li> <li>Scroll down and fill in the boxes with your first and last name, email, and address. Your information will automatically appear at the end of the message as: “Sincerely, [Your Name], [Your City & State]”</li> <li>Recipients are automatically entered by Open Democracy staff. If the action is directed toward a specific legislative committee, the email will automatically go to committee members. If the action is intended for your own legislators, the system will automatically identify and send the message to your representative(s) based on the address you provide.</li> <li>If you'd like a copy of the email sent to yourself, be sure to check the box.</li> </ol> ACTION DESCRIPTION: Although we're thankful the House Election Law Committee didn't listen to requests to "put more teeth" into SB 223, a duplicate bill banning student IDs for voting (restrictions already signed into law by Gov. Ayotte in HB 323), they still voted to pass it with an unnecessary, mostly grammatical amendment.  The amendment clarifies that the list of voter IDs already outlined in law is the “exclusive” list of acceptable IDs for voting—essentially reinforcing the student ID ban set to take effect in June 2026. As one of our volunteers put it, the amendment basically puts an exclamation point on HB 323. Committee Majority/Minority Reports: MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE. Rep. Alvin See for the Majority of Election Law. As amended, this bill clarifies that RSA 659:13, II(a) contains the exclusive list of acceptable forms of photo identification for obtaining a ballot. The amendment is intended to conform related election statutes to the changes enacted through HB 323 and to avoid any ambiguity about whether other statutes may be read to preserve additional forms of identification not included in RSA 659:13, II(a). The bill also repeals an obsolete reporting requirement directing the Commissioner of Education to provide the Secretary of State with an annual list of educational institutions that may have students of voting age. That list previously had relevance when student identification cards were an accepted form of voter identification. HB 323 removed the Secretary of State’s use of that list, but it did not repeal the separate statutory requirement that the Commissioner of Education continue creating and transmitting it. This bill corrects that oversight by removing a reporting obligation that no longer serves an operative purpose. The majority of the committee recognizes the concerns raised by the minority regarding access to voting, particularly for younger voters and individuals who may not possess a driver’s license. However, the bill does not create a new voter identification requirement, nor does it independently remove student identification cards from the list of acceptable IDs. Those policy decisions were made in HB 323. This bill, as amended, is narrower: it ensures that the statutes are internally consistent after the enactment of HB 323 and eliminates an unnecessary administrative requirement. The majority of the committee further notes that maintaining outdated statutory language after a substantive change in law creates confusion for voters, election officials, educational institutions, and state agencies. Election laws should be clear, current, and administrable. By identifying RSA 659:13, II(a) as the controlling list of acceptable voter identification and repealing a nowunused Education Department reporting requirement, the bill promotes statutory clarity and reduces unnecessary administrative work without imposing any additional obligation beyond those already enacted in current law. For these reasons, the majority of the committee recommends Ought to Pass with Amendment. Vote 10-8. Rep. Russell Muirhead for the Minority of Election Law. This bill as amended would insert a grammatical refinement to election laws addressing how voters obtain a ballot. The bill as amended functions to change the phrasing concerning the new restrictions created by HB 323 (which Governor Ayotte signed in April), which prohibits voters from using student identification cards as proof of identity when they vote. The minority believes the change this bill (as amended) would make is unnecessary. Beyond that, the minority opposes this bill for the same reasons it opposed HB 323 in the first place: namely, that this legislation will not enhance election security in any meaningful way because what it aims to guard against – voter impersonation – occurs at miniscule rates. But it will impose substantial costs on voters. The minority believes that this bill, along with HB 323, will function to make it difficult and in many cases impossible for people to exercise their right to vote. This bill and HB 323 will burden the right to vote for New Hampshire residents, and the burden will fall especially heavily on young people who grow up in households that lack automobiles or lack the substantial resources required to pay for a teenager’s driver education course and automobile insurance. Young people who lack a NH driver’s license often live very far from the nearest Division of Motor Vehicles (DMV) location – making it practically impossible for them to acquire the DMV non-driver identification that they will need as of June 2026 to exercise their right to vote. The habits of the heart and mind that conduce to good citizenship require practice. This bill makes that practice more difficult to acquire. For these reasons, the minority opposes the Ought to Pass with Amendment motion.

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