Committee Report REGULAR CALENDAR
February 6, 2019
REPORT OF COMMITTEE
The Majority of the Committee on Election Law to which was referred CACR 5,
AN ACT relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election. Having considered the same, report the same with the recommendation that the bill OUGHT TO PASS.
Original: House Clerk Cc: Committee Bill File MAJORITY COMMITTEE REPORT Committee: Election Law Bill Number: CACR, 5 Title: relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election. Date: Fe ruary 6, 2019 Consent Calendar: REGULAR Recommendation: : OUGHT TO PASS
STATEMENT OF INTENT
This CACR modestly expands the voter registration privileges already extended to 17-year-olds by law in 2016. If voters adopted this CACR, the change would empower 17-year-olds to both register and then to vote in a primary, if they will be 18 years old by the clay of the general election. To allow this, the NH Constitution must be amended. Almost half of the other US states, including Maine and Vermont, do allow 17-year-olds to vote in primaries if they will be 18 by the time of the general election. We know that allowing I7-year-olds to vote in primaries does not violate the U. S. Constitution. However, prior efforts to allow them to so vote were determined to be impermissible by the current wording of Part One, Article 11 of the NH Constitution. Enabling citizens who can vote in a general election to vote in the related primary elections is only fair. Furthermore enabling 17-year-olds to vote in a primary, while they are still in school, will generate excitement and interest among their peers. Excitement about the first meaningful vote would likely cause the impact necessary to create the habit of voting. Developing the habit of voting has been deemed to be a key to future citizen awareness, activism, and personal participation.
Vote 16-3.
Rep. Wayne Moynihan FOR THE MAJORITY
Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR
Election Law CACR 5, relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE. Rep. Wayne Moynihan for the Majority of Election Law. This CACR modestly expands the voter registration privileges already extended to 17-year-olds by law in 2016. If voters adopted this CACR, the change would empower 17-year-olds to both register and then to vote in a primary, if they will be 18 years old by the day of the general election. To allow this, the NH Constitution must be amended. Almost half of the other US states, including Maine and Vermont, do allow 17-year- olds to vote in primaries if they will be 18 by the time of the general election. We know that allowing 17-year-olds to vote in primaries does not violate the U. S. Constitution. However, prior efforts to allow them to so vote were determined to be impermissible by the current wording of Part One, Article 11 of the NH Constitution. Enabling citizens who can vote in a general election to vote in the related primary elections is only fair. Furthermore enabling 17-year-olds to vote in a primary, while they are still in school, will generate excitement and interest among their peers. Excitement about the first meaningful vote would likely cause the impact necessary to create the habit of voting. Developing the habit of voting has been deemed to be a key to future citizen awareness, activism, and personal participation. Vote 16-3.
Original: House Clerk Cc: Committee Bill File Election Law Committee Report
Bill Number: CACR 5
Title: the right to vote
Date: February 6, 2019
Consent Calendar : No
Committee recommendation:Ought to Pass
This CACR modestly expands the voter registration privileges already ex- tended to 17 year olds by law in 2016. If voters adopted this CACR, the change would empower 17 year olds to both register and to actually vote in a primary, when they would be 18 by the time of the general election. To al- low this the NH Constitution must be amended. Almost half of the other US states, including Maine and Vermont, do allow 17-year-olds to also vote in primaries if they will be 18 by the time of the general election. We know that allowing 17-year-olds to vote in primaries does not violate the U. S. Constitution. However, prior efforts to allow them to so vote were deter- mined to be impermissible by the current wording of the NH Constitution, Part First, Art. 11. Enabling citizens who can vote in a general election to vote in the related primary elections is only fair. Furthermore enabling 17year olds to vote in a primary, while they are still in school, will generate excitement and interest among their peers. Excitement about the first meaningful vote would likely cause the impact necessary to create the habit of voting. Developing the habit of voting has been deemed to be a key to future citizen awareness, activism, and personal participation.
Committee Vote: 16 yes. 3 no
Respectfully submitted for the majority,
Wayne Moynihan REGULAR CALENDAR
February 6, 2019
HOUSE OF REPRESENTATIVES
The Minority of the Committee on Election Law to which was referred CACR 5,
AN ACT relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election. Having considered the same, and being unable to agree with the Majority, report with the following resolution: RESOLVED, that it is INEXPEDIENT TO
LEGISLATE.
Rep. Kathleen Hoelzel
FOR THE MINORITY OF THE COMMITTEE
Original: House Clerk Cc: Committee Bill File MINORITY COMMITTEE REPORT
Committee: Election Law Bill Number: CACR 5 Title: relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election. Date: February 6, 2019 Consent Calendar: REGULAR Recommendation: INEXPEDIENT TOLEGISLATE
STATEMENT OF INTENT
This issue has been brought before us three times in past ten years. Amending the state constitution to allow 17-year-olds to vote in primaries, would lead one to believe that this will encourage that person to continue voting throughout life, No data has been submitted that shows that to be true. However, consider that this person is then turned away at the next election because it is not the general election but is the town or city election and he or she has not yet turned 18 years old. This could be disenfranchising to a young 17-year-old. One source reports that only 13 of our 50 states allow 17-year-olds to vote in primaries. Implementation and enforcement are also issues that will need to be addressed. It is the responsibility of parents and our communities to show children the value of their vote.
Rep. Kathleen Hoelzel FOR THE MINORITY
Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR
Election Law CACR 5, relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election. INEXPEDIENT TO LEGISLATE. Rep. Kathleen Hoelzel for the Minority of Election Law. This issue has been brought before us three times in past ten years. Amending the state constitution to allow 17-year-olds to vote in primaries, would lead one to believe that this will encourage that person to continue voting throughout life. No data has been submitted that shows that to be true. However, consider that this person is then turned away at the next election because it is not the general election but is the town or city election and he or she has not yet turned 18 years old. This could be disenfranchising to a young 17-year-old. One source reports that only 13 of our 50 states allow 17-year-olds to vote in primaries. Implementation and enforcement are also issues that will need to be addressed. It is the responsibility of parents and our communities to show children the value of their vote.
Original: House Clerk Cc: Committee Bill File Merrill, Donna
From: Hoelzel, Kathleen Sent: Thursday, February 07, 2019 8:47 AM To: Merrill, Donna Cc: Cote, David Subject: RE: blurb ( minority) on CACR 5
Importance: High
Good morning , Donna Attached please find my minority blurb on CACR 5
This issue has been brought before us three times in past ten years. CACR 5 , 17 year olds voting in primaries, would lead one to believe that this will encourage that person to continue voting throughout life. No data has been submitted that shows that to be true. However, consider that this person is then turned away at the next election because it is not the general election but is the town or city election because he/she has not yet turned 18 years old. This could be disenfranchising to a young seventeen year old. Only 13 of our 50 states allow 17 year olds to vote in primaries. Implementation and enforcement are also issues that will need to be addressed. It is the responsibility of parents and our communities to show children the value of their vote. Thank you, Rep Hoelzel
1 Voting Sheets
HOUSE COMMITTEE ON ELECTION LAW
EXECUTIVE SESSION on CACR 5
BILL TITLE: relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election.
DATE: February 6, 2019
LOB ROOM: 308
MOTIONS: OUGHT TO PASS Moved by Rep. Moynihan Seconded by Rep. Ward Vote: 16-3
CONSENT CALENDAR: NO
Statement of Intent: Refer to Committee Report
Respectfully submitted,
e,,fre.7
Rep Edith DesMarais, Clerk HOUSE COMMITTEE ON ELECTION LAW
EXECUTIVE SESSION on CACR 5
BILL TITLE: relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election.
DATE: ;2/07
LOB ROOM: 308
MOTION: (Please check one box)
KOTP 0 ITL 0 Retain (18t year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered)
Moved by Rep. /11 A Seconded by Rep. Vote: /6i ig
MOTION: (Please check one box)
❑ OTP ❑ OTPIA 0 ITL 0 Retain (1s' year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered)
Moved by Rep. Seconded by Rep. Vote:
MOTION: (Please check one box)
0 OTP 0 OTP/A 0 ITL 0 Retain (Pt year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered)
Moved by Rep. Seconded by Rep. Vote:
MOTION: (Please check one box)
❑ OTP ❑ OTP/A ❑ ITL 0 Retain (Pt year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered)
Moved by Rep. Seconded by Rep. Vote:
CONSENT CALENDAR: YES NO
Minority Report? V Yes No If yes, author, Rep: Motion
Respectfully submitted: /;' Rep Edith DesMarais, Clerk
OFFICE OF THE HOUSE CLERK
1/14/2019 3:16:37 PM Roll Call Committee Registers Report
2019 SESSION
Election Law
Bill #: gmtx: Motion: ---- AM #: Exec Session Date:
Members YEAS Nays NV
iSoli="01. Cote, David E. Chairman
Moynihan, Wayne T. Vice Chairman
Ward, Gerald W.R.
Pearson, William A.
DesMarais, Edith M. Clerk
Komi, Richard N. 5-
Bergeron, Paul R.
Sandler, Catt 7
KarrTe7H-tetcfrril • L, t Higgins, Peg zwirns..45.760cArA, Lane, Connie B. 10 Itorrill, David J. e_— j I, Hoelzel, Kathleen M. 1 Gay, Betty I.
Lang, Timothy P. • 'IT.rvvtirAff:Yril"7,179.1P,1:5,11VIM:IMPWWWIVIIVANIMMEAMPAINek Prudhomme-O'Brien, Katherine T.
Hayward, Peter T. IL/ Vlzkr-l-ifro-,-TirTrothy A. — s
Owens, Becky A.
Rooney, Abigail G.
TOTAL VOTE: Hearing Minutes
HOUSE COMMITTEE ON ELECTION LAW
PUBLIC HEARING ON CACR 5
BILL TITLE: relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election.
DATE: January 15, 2019
LOB ROOM: 308 Time Public Hearing Called to Order: 10.00 a.m.
Time Adjourned: 10:15 a.m.
Committee Members: Reps. Cote, Moynihan, DesMarais, Ward, W. Pearson, Komi, Bergeron, Sandler, Hamer, Higgins, Lane, Morrill, Hoelzel, Prudhomme-O'Brien, Hayward and Rooney
Bill Sponsors: Rep. W. Pearson Rep. Andrew Bouldin Rep. Porter Rep. Alexander Jr.
TESTIMONY
* Use asterisk if written testimony and/or amendments are submitted.
Rep Morrill introduced,
Darrell Perry Liberty Lobby LLC supports step in right direction
*Liz Tentarelli League of Women Voters of NH Q. Rep O'Brien If registered prior to leaving for college difficult timing
A. No have all summer
Rep Maryanne Porter District 1 and NH Hillsborough LYAC (youth advisory council). Supported by council young people are aware, follow the news and want a voice.
*Ethan Moorhouse NH Democratic Party
ri/./) / Respectfully submitted by: Rep. DesMarais, Committee Clerk
HOUSE COMMITTEE ON ELECTION LAW
PUBLIC HEARING ON CACR 5
BILL TITLE: relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election.
DATE: 1//-5-74
ROOM: 308 Time Public Hearing Called to Order: / 0
Time Adjourned: /D,'
(please circle if present)
Committee Members:CRepsk,ote Mo nihan esMaraiMWard%W. Pearson, Komi, _ane,,alorrillaroefiej,)cia.y, Lan g,(Pru Hayvvad, Merlin°, Owens and(g -I.ey
Bill Sponsors: Rep. W. Pearson Rep. Andrew Bouldin Rep. Porter Rep. Alexander Jr.
TESTIMONY
* Use asterisk if written testimony and/or amendments are submitted.
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Cylt 2/4_ A2A-ll )(if kih:60b), v4mA_ Testimony LEAGUE OF WOMEN VOTERS 4 Park St Room 200 L OF NEW HAMPSHIRE Concord, NH 03301 www.LWVNH.org
January 15, 2019
To: House Election Law Committee and chair David Cote From: Liz Tentarelli, president, LWVNH [email protected]
Re: CACR5, providing that 17 year olds be eligible to vote in the primary if they will be 18 by the general election.
The League of Women Voters NH urge the committee to recommend OUGHT TO PASS on CACR5.
Although the League is cautious about using the constitutional amendment process when legislation would achieve the same effect, we have not done enough research to know whether a CACR is necessary here.
However, the League supports any activities that get young people involved in the civic life of their communities. This bill would help for the following reasons:
Historically voter turnout among young adults is very low, less than among any other group, as shown in the chart in the appendix. I have not been able to isolate statistics for just 18-20 year olds, those eligible to vote for the first time. I have found, however, some statistics for the participation of 18-29 year olds in the 2018 election, and it's good news. (see appendix)
A habit learned young—whether flossing or voting—is a habit likely to continue.
In high schools in NH, starting this year, students will take a half credit civics course. If done right, that should encourage some to vote. But few high school students, even seniors, are 18. However, most seniors will be 18 by the November after graduation. Looking ahead to 2020, when NH's First in the Nation Primary will be held early in the year, many high school seniors would be eligible to cast a ballot for the first time if the provisions of CACR5 were in place. Presidential primaries excite even young voters.
That means that high school seniors—still 17—would be able to register to vote in their home towns, before they leave for college or military service. We have heard in testimony on other bills that some legislators think that is the right thing to do, rather than register and vote where they go to college once they turn 18.
What really matters here is encouraging young people to become voters, and allowing 17 year olds to put their excitement about voting into action in the primaries is one way to do this. Please support CACR5 or related legislation. Appendix:
Turnout Rates: Age
Turnout by Age 80% 70%. 60% 50%. 40%. 30% 20% 10% 0% 1988 1992 1996 2000 2004 20013 2012 2016
-or- 18-29 30-44 45 59 -40-60+ L Source: Voter Turnout Project, U. of Florida, Prof. Michael McDonald. http://www.electproject.org/home/voter-turnoutklemographics
Apologies for frugality—we are submitting this without the expense of color graphics. In the chart above the data points read top to bottom are the reverse of the age ranges at the bottom of the chart. In other words, 60+ voters had the highest turnout and 18-29 voters had the lowest turnout.
Voter turnout among 18 to 29-year-olds in the 2018 midterm elections was 31 percent, according to a preliminary estimate by The Center for Information and Research on Civic Learning and Engagement at Tufts University. That's the highest youth turnout ... since [this research group] started collecting data in 1994. It's also a major increase from turnout in the 2014 midterms, which was 21 percent.... The proportion of young people who joined protests and marches tripled since the fall of 2016, from 5 percent to 15 percent.... We also found that young people were paying attention to politics more than they had in 2016. In 2016, about 26 percent of young people said they were paying at least some attention to the November elections. This fall, the proportion of youth who reported that they were paying attention to the midterm races rose to 46 percent...
Source: http://theconversation.com/the-other-2018-midterm-wave-a-historic-10-point-jump-in-turnout- among-young-people-106505 105 North State Street • Concord, NH 03301 NEW HAMPSHIRE Phone: 603-225-6899 • Fax: 603.225.6797 www.nhdp.org DEMOCRATIC PARTY Raymond Buckley, Chair
January 15, 2019
Good morning, my name is Ethan Moorhouse, I'm 20 years old, a 13-year resident of Manchester and the Operations Director for the New Hampshire Democratic Party.
I'm here before you testifying today because I see the good that this constitutional amendment would do for New Hampshire's iconic Democratic process.
Back in the Summer of 2015 at age 17, I became inspired by Senator Bernie Sanders' campaign for President. As a rising senior in high school, I started volunteering once or twice a week, which evolved into coming into the office every day, then becoming an intern, and then finally an organizer.
I was deeply invested in his campaign, even quitting my job as a pizza delivery driver in order to volunteer more. I hoped that I would be able to vote for Senator Sanders in the General Election, but knew that 1 would never have the chance to help the Senator get to the general, since I turned 18 in May of 2016, 3 months after the February primary.
I was disheartened to know that despite all the hard work I put into a campaign, I wouldn't be able to participate in the voting process, even though l would've been 18 by the General Election in November.
I wasn't alone in this frustration. A large part of the work I did on the campaign was organizing high school students. Quickly, I learned that students questioned why they should get involved in the Democratic process if they weren't able to voice their opinion, by voting. Every day 1 would encounter students who refused to learn about the candidates, nevermind volunteer for one because they knew their voices wouldn't matter.
From my own experiences and from those of my peers, I have seen that preventing youth participation hinders the political process; a process that is fundamental to our state.
By not allowing people to voice their opinions, we're telling a new generation of voters every election year that voting is hard, complicated, and maybe not worth the trouble. Instead, we should be encouraging young people to get involved in the Democratic process, no matter what your political beliefs. The best way to do that is to let people's voices be heard.
People that are eligible to vote in general elections should be able to vote in that primary. Currently, 21 states agree with this philosophy, let's make New Hampshire 22nd. I strongly support the passage of CACR 5 and ask that you do as well.
Paid for by the New Hampshire Democratic Party. Not authorized by any candidate or candidate's committee. www.nhdp.org 74 CONNOLLY PRINTING HOUSE COMMITTEE RESEARCH OFFICE New Hampshire House of Representatives 4th Floor, Legislative Office Building Concord, NH 03301 Tel: (603) 271-3600 Fax: (603) 271-6689
Pan: Smarting, Committee Researcher (603) 271-3387; [email protected]
To: David. E. Cote, Chairman, House Election Law Committee
From: Pain Smarling, Senior Committee Researcher House Committee Research
Date: January 14, 2019
RE: CACR 5, relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election.
1. What is the legislative history of previous efforts to permit certain persons to vote in primaries prior to turning 18 years of age in New Hampshire?
2. How many states currently pen-nit 17 year olds to vote in a primary election if they will turn 18 by the date of the General Election?
SUMMARY
The 26th Amendment to the United States Constitution states "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age". This article does not prohibit states from permitting people younger than 18 years old to participate in primary elections or to register to vote prior to being eligible to vote. In fact, at least 17 states currently permit 17 year olds to vote in primary elections if the voter will be 18 years old by the date of the general election that follows.
In 2008, the New Hampshire Supreme Court ruled that legislation to amend the state's election laws (RSA 654) to permit 17 year olds to vote in primaries was unconstitutional. Therefore, in order to permit this practice, the state constitution must be amended. One method to amend the constitution is for the legislature to adopt a constitutional amendment concurrent resolution (CACR) which requires a 3/5 vote of each chamber. If adopted, 2/3 of the voters would need to support the change at the next general election.
HOUSE COMMITTEE RESEARCH 2 New Hampshire Laws Addressing Voting Age
Currently, under NH law, in order to be eligible to vote in any election, a person must be 18 years of age on the day of the election, be a United States citizen and be domiciled in the city or town in which he or she registers to vote. A person may register to vote at age 17 in this state as long as he or she will be 18 years old by the day of the next election; this may be either a primary or general election.
The adoption of CACR 5 would place a question on the November, 2020 General Election ballot asking voters whether the state constitution should be amended to grant 17 year old inhabitants of the state who will reach the age of 18 before the General Election an equal right to vote in the Primary Election.
Current Provisions Addressing Voting Age
New Hampshire Constitution, [Art.] 11. [Elections and Elective Franchises.]
"All elections are to be free, and every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election. Every person shall be considered an inhabitant for the purposes of voting in the town, ward, or unincorporated place where he has his domicile...."
RSA 654:1, I; Voter; Office Holder. —
1. Every inhabitant of the state, having a single established domicile for voting purposes, being a citizen of the United States, of the age provided for in Article 11 of Part First of the Constitution of New Hampshire, shall have a right at any meeting or election, to vote in the town, ward, or unincorporated place in which he or she is domiciled. An inhabitant's domicile for voting purposes is that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self- government. A person has the right to change domicile at any time, however a mere intention to change domicile in the future does not, of itself, terminate an established domicile before the person actually moves.
RSA 654:7, 1 Voter Registration Form
I. Any person registering to vote shall be: (a) At least 18 years of age on the day of the next election; and (b) A United States citizen; and (c) Domiciled in the town or city in which the applicant is registering to vote and not otherwise disqualified to vote.
HOUSE COMMITTEE RESEARCH 3 The voter registration form described in RSA 654:7, IV, includes the following statement:
"I understand that to vote in this ward/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this ward/town."
RSA 654:12 Determining Qualifications of Applicant
Under RSA 654:12, the statement on a Qualified Voter Affidavit reads:
"I hereby swear and affinn, under the penalties for voting fraud set forth below, that I am not in possession of some or all of the documents necessary to prove my identity, citizenship, and age and that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), that I am a United States citizen, that I am at least 18 years of age as of this date or will be at the next election, and that to the best of my knowledge and belief the information above is true and correct."
The provision relating to the age of the applicant was in added to the statement in 2009. (HB 265, Chapter 278, Laws of 2009)
Proposals to Permit Voters who are 17 Years Old to Participate in Primary Elections, 2008-2015
Since 2008, two bills and three proposals to amend the state constitution have been introduced and debated in the legislature to permit voters to participate in primary elections if they will be 18 years old by the date of the general election.
The main arguments in favor and against these bills have been:
In Support
• Turnout is historically low among younger voters; this change would encourage young people to participate in elections
• If people start voting when they are young, they are likely to form a lifetime habit of voting
• Any administrative problems associated with this change are not insurmountable and should not be used as a reason to defeat this effort
In Opposition
• People who are 17 years old are too young to vote
HOUSE COMMITTEE RESEARCH 4
• This change could create more work for election officials
• This change would create logistical problems and questions about the applicability of the right of 17 year olds to vote in other elections; young voters would be able to vote in a presidential primary election but would not be able to vote in a town or city election on the same day or soon afterwards
• No evidence has been presented showing that permitting 17 year olds to vote in Primary Elections would lead to a long-term change in voter turnout
2008 — SB 436 Tabled in the House; Opinion of the Justices Requested and Issued
SB 436 (2008), enabling certain persons to vote in primaries prior to turning 18 years of age.
SB 436 was passed by the Senate in February, 2008 on a roll call vote of 17-7. After further deliberation in the House, the House Election Law Committee recommended referring the bill for Interim Study with a 9-6 vote. The committee's report noted that the majority had constitutional concerns about the bill and that when it came to the floor, there would be a motion to table the bill so that the House could vote on a resolution requesting an opinion of the State Supreme Court relative to the constitutionality of the bill.
SB 436 was tabled by the House on April 23, 2008, and a resolution was adopted to request an opinion of the justices of the state Supreme Court relative to two constitutional questions raised by the bill.
The questions posed to the Court were:
1. Would enactment of Senate Bill 436 to allow voting in a presidential primary and state primary election by 17-year-old persons who will be 18 years of age at the next state general election, violate Part I, Article 11 of the Constitution of New Hampshire?
2. Would enactment of Senate Bill 436 which places specific responsibilities upon local supervisors of the checklist regarding the registration, voting, and maintenance of the voter checklists involved in allowing voting in a presidential primary and state primary election by 17-year-old persons who will be 18 years of age at the next state general election, violate Part I, Article 28-a, of the Constitution of New Hampshire?
On May 19, 2008, the New Hampshire Supreme Court ruled that SB 436 violated Part 1, Article 11 of the New Hampshire Constitution because it would have permitted individuals younger than age 18 to vote in presidential and state primary elections. The justices contended that primary elections were included in the intent of the phrase "shall have an equal right to vote in any election" (Part 1, Article 11 NH Constitution) and it
HOUSE COMMITTEE RESEARCH 5 would therefore be unconstitutional to allow people who are age 17 on the date of a primary election to register and vote at that election. The justices further ruled that the bill did not propose an unconstitutional unfunded mandate under Part 1, Article 28-a.
Other Proposals to Permit 17 Year Olds to Vote in Primaries in NH, 2009-2015
1. CACR 4 (2009), relating to elections. Providing that certain persons may vote in primaries prior to turning 18 years of age.
The House Election Law Committee recommended that the CACR should pass with a relatively minor amendment on a vote of 11-8. The motion of Ought to Pass with Amendment failed on a Division vote of 193-176, lacking 60% or 222 of the members present and voting:
Final Action: Died in the House.
2. SB 21 (2009), enabling certain persons to vote in primaries prior to turning 18 years of age.
SB 21 was identical to SB 436 (2008). The Senate Election Law and Veterans' Affairs Committee recommended that the bill Ought to Pass, but then adopted a motion to table the bill was adopted on March 25, 2009.
Final Action: Died on the Table in the Senate.
3. CACR 15 (2014), relating to elections. Providing that certain persons may vote in primaries prior to turning 18 years of age.
The House Election Law Committee recommended that this CACR be found Inexpedient to Legislate on a vote of 14-1.
Committee Report:
Rep. Gaiy B. Richardson for Election Law. CACR 15, if passed by the legislature and the voters, would allow persons to vote in primaries prior to turning 18 years of age, provided that they would attain the age of 18 prior to the general election. Although the committee wants to encourage young people to vote, the secretary of state's office expressed concerns about the logistical problems, particularly when there is a primary and city election on the same day. The committee felt that these concerns outweighed the benefit of allowing those 17-year olds so situated to vote in primary elections.
House Vote: Found Inexpedient to Legislate, voice vote on Consent Calendar
Final Action: Died in the House
HOUSE COMMITTEE RESEARCH 6 4. CACR 4 (2015), Relating to the right to vote. Providing that 17-year olds who will be eligible to vote in the general election be permitted to vote in the election's primary election
The majority of the House Election Law Committee recommended that this CACR be found Inexpedient to Legislate on a vote of 10-7. The Minority recommended that the bill Ought to Pass.
Rep. Barbara J. Griffin for the Majority of Election Law. This CACR seeks to change Article 11 of the New Hampshire constitution to allow inhabitants of the state who are 17 years of age at the primary, but 18 years of age at the general election, to vote in the primary for that general election in the community that is their domicile. The language of our constitution provides clear guidance. A change as proposed will create questions of applicability in other elections, such as special elections, and if the date of the primary is changed the period of time in question could be more than doubled. Implementation will cause more work for local officials for what is a political party event. There are also enforcement and implementation issues when primary and general elections occur on the same day. Currently individuals can register to vote in an election when they are 17 years of age allowing them to vote in the general or local election. While it was presented that the primary goal of the change is to increase voter turnout and participation, there was no evidence presented of such a long-term change in voter turnout in the 13 states where it has been implemented.
Rep. Wayne M. Burton for the Minority of Election Law. If approved by the house and by voters in the state via the 2016 general election, this proposed constitutional amendment would grant inhabitants 17 years of age who will reach age 18 prior to the general election an equal right to vote in the primary leading to that election. The minority of the committee finds more than sufficient reason to put this issue before the voters in the next election cycle. The students from Merrimack High School who developed the proposal gave compelling arguments on behalf of their generation that disallowing their participation in the primary when they are 17, deprives them of their right to participate in the process of selecting the candidates who appear on the general election ballot when they can vote having attained the age of 18. The minority offers two primary reasons in support of their position. Turnout is historically low among young voters. This constitutional amendment if adopted would serve to encourage young people to begin voting and form a habit that will last a lifetime. The minority also believes that those old enough to be drafted into the armed forces should the draft be reinstated, deserve the opportunity to vote in the election establishing the.national leaders who would make such a decision. Arguments against CACR 4 had to do with potential administrative challenges. David Scanlan, the Deputy Secretary of State testified that any administrative problems were not insurmountable. He also concurred with the assertion that administrative challenges should not preclude the adoption of a policy that will inspire young people to vote, a goal of the committee and his office. If the students from Merrimack High School, who had experienced what they perceive as unjust treatment — no vote in the primary, a
HOUSE COMMITTEE RESEARCH 7 vote in the general — are any example of the youth of the state, democracy in New Hampshire will be the beneficiary of an ought to pass recommendation.
House Vote: Found Inexpedient to Legislate, Division Vote 263-93
Final Action: Died in the House
Laws in Other States; Primary Voting, Pre-registration
Different sources report different numbers, but at least 17 states permit 17-year- olds to vote in primary elections if the voter will turn 18 before the General Election.
Connecticut Maine Ohio Delaware Maryland South Carolina Illinois Mississippi Vermont Indiana Nebraska Virginia Iowa New Mexico West Virginia Kentucky North Carolina
If I can provide further information on this, please let me know.
HOUSE COMMITTEE RESEARCH Bill as Introduced
CACR 5 - AS INTRODUCED 19-0424 11/08 STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT
RELATING TO: the right to vote.
PROVIDING THAT: 17 year olds who will be eligible to vote in the general election be permitted to vote on that election's primary election.
Be it Resolved by the House of Representatives, the Senate concurring, that the Constitution of New Hampshire be amended as follows:
1 I. That article 11 of the first part of the constitution be amended to read as follows: 2 [Art.] 11. [Elections and Elective Franchises.] All elections are to be free, and every inhabitant 3 of the state of 18 years of age and upwards shall have an equal right to vote in any election. Every 4 inhabitant of the state of 17 years of age who will reach the age of 18 years prior to the 5 general election shall have an equal right to vote in the primary election for that election. 6 Every person shall be considered an inhabitant for the purposes of voting in the town, ward, or 7 unincorporated place where he has his domicile. No person shall have the right to vote under the 8 constitution of this state who has been convicted of treason, bribery or any willful violation of the 9 election laws of this state or of the United States; but the supreme court may, on notice to the 10 attorney general, restore the privilege to vote to any person who may have forfeited it by conviction 11 of such offenses. The general court shall provide by law for voting by qualified voters who at the 12 time of the biennial or state elections, or of the primary elections therefor, or of city elections, or of 13 town elections by official ballot, are absent from the city or town of which they are inhabitants, or 14 who by reason of physical disability are unable to vote in person, in the choice of any officer or 15 officers to be elected or upon any question submitted at such election. Voting registration and 16 polling places shall be easily accessible to all persons including disabled and elderly persons who are 17 otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question 18 submitted at such election. The right to vote shall not be denied to any person because of the non 19 payment of any tax. Every inhabitant of the state, having the proper qualifications, has equal right 20 to be elected into office. 21 II. That the above amendment proposed to the constitution be submitted to the qualified 22 voters of the state at the state general election to be held in November, 2020. 23 III. That the selectmen of all towns, cities, wards and places in the state are directed to 24 insert in their warrants for the said 2020 election an article to the following effect: To decide 25 whether the amendments of the constitution proposed by the 2019 session of the general court shall 26 be approved. 27 IV. That the wording of the question put to the qualified voters shall be: 28 "Are you in favor of amending Article 11 of the first part of the constitution to read as follows: ......
CACR 5 - AS INTRODUCED - Page 2 - 1 [Art.] H. [Elections and Elective Franchises.] All elections are to be free, and every inhabitant 2 of the state of 18 years of age and upwards shall have an equal right to vote in any election. Every 3 inhabitant of the State of 17 years of age who will reach the age of 18 years prior to the general 4 election shall have an equal right to vote in the primary election for that election. Every person 5 shall be considered an inhabitant for the purposes of voting in the town, ward, or unincorporated 6 place where he has his domicile. No person shall have the right to vote under the constitution of 7 this state who has been convicted of treason, bribery or any willful violation of the election laws of 8 this state or of the United States; but the supreme court may, on notice to the attorney general, 9 restore the privilege to vote to any person who may have forfeited it by conviction of such offenses. 10 The general court shall provide by law for voting by qualified voters who at the time of the biennial 11 or state elections, or of the primary elections therefor, or of city elections, or of town elections by 12 official ballot, are absent from the city or town of which they are inhabitants, or who by reason of 13 physical disability are unable to vote in person, in the choice of any officer or officers to be elected or 14 upon any question submitted at such election. Voting registration and polling places shall be easily 15 accessible to all persons including disabled and elderly persons who are otherwise qualified to vote 16 in the choice of any officer or officers to be elected or upon any question submitted at such election. 17 The right to vote shall not be denied to any person because of the non payment of any tax. Every 18 inhabitant of the state, having the proper qualifications, has equal right to be elected into office." 19 V. That the secretary of state shall print the question to be submitted on a separate ballot 20 or on the same ballot with other constitutional questions. The ballot containing the question shall 21 include 2 squares next to the question allowing the voter to vote "Yes" or "No." If no cross is made 22 in either of the squares, the ballot shall not be counted on the question. The outside of the ballot 23 shall be the same as the regular official ballot except that the words "Questions Relating to 24 Constitutional Amendments proposed by the 2019 General Court" shall be printed in bold type at 25 the top of the ballot. 26 VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, 27 it becomes effective when the governor proclaims its adoption. 28 VII. Voters' Guide. 29 AT THE PRESENT TIME, under Part 1, Article 11, and current law, a person may 30 only vote in a primary or general election if he or she is 18 years of age at the time of the election. 31 IF THE AMENDMENT IS ADOPTED, while preserving those rights already stated 32 in the Constitution, this amendment will, in addition, allow a person 17 years of age, who will reach 33 18 years of age before the general election, to vote in the primary election for that election.