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SB 129 Follies: You Didn't Really Want to Vote, Did You?

by: Tim Ashwell

Mon May 02, 2011 at 09:53:30 AM EDT


("The League of Women Voters believes the only result of this bill will be to intimidate or harass people so much that they will not feel able to exercise their Constitutional right to vote." - promoted by William Tucker)

Speaker Bill O'Brien (R-Mont Vernon) doesn't need to get people to vote for Republicans in the 2012 general election. He's taking the more direct approach of making sure no one votes against them.

He's about to accomplish this through his usual route of no public hearings on bills, substituting committee members at voting sessions to ensure his chosen outcome and sending Representatives running crying from the room.

His plan to prevent college students from voting in New Hampshire was well publicized but since the courts ruled on the issue 40 years ago, there was little chance it would survive a legal challenge. His real effort has been to force through a much more insidious photo ID bill (SB129). This week's version of SB129 requires already-registered voters to produce a government-issued ID in order to get a ballot. The Secretary of State estimates 50,000 to 75,000 voters in next year's presidential primary and even more in the general election won't have the required ID.

O'Brien's version of SB129 is so extreme in its details that no other photo ID bill being pushed anywhere else in the country even begins to compare to it.

Tim Ashwell :: SB 129 Follies: You Didn't Really Want to Vote, Did You?
If you don't have a government-issued photo ID, you can fill out an affidavit and mark your ballot. The affidavit and the ballot will be sealed in an envelope and kept by the city or town clerk. If you can't get to the clerk's office during regular business hours in three days - by the Friday after the Tuesday election - to show the required ID, your ballot won't count even if you're on the checklist as a qualified voter.

If you do get back to the clerk with an ID, the envelope with your ballot and the signed affidavit will be opened, checked and counted. When it was pointed out by someone on the House Election Law Committee that the ballot would no longer be secret, the response was, "No one will look."

The rest of the bill is such a hodgepodge of details so poorly written that it's unclear how any of it would work.

Of course, under the O'Brien regime, there was no public hearing on this version of SB 129. The first version of SB 129 was pretty much the template being used by GOP legislators across the country. After every speaker at a Senate Public and Municipal Affairs hearing opposed the bill, it was sent to the Senate Finance Committee where an entirely new version calling for taking photos at the polling place was substituted. The Senate voted on this second version of SB 129 without holding a public hearing. Sen. Bob Odell (R-Lempster) voted with the Democrats against the bill.

Fifteen organizations and individuals spoke or signed in against version #2 in the House Election Law Committee. No one spoke in favor. The photo-at-the-polling-place bill was supposed to be voted on by the Election Law Committee on April 25. On April 24, without any public notice, a subcommittee chaired by Rep. Kathleen Hoelzel (R-Raymond) was formed to amend the bill.

Chair of Election Laws Rep. David Bates (R-Windham) told the subcommittee that they were to get rid of the photo-at-the-polling-place idea and provide for ballots (called provisional ballots) to be included in the bill. After he left, much to the amazement of the observers, for the first time there began to be some concerns expressed about disenfranchising so many people. There was general discussion but no actual proposals by lunchtime.

At lunchtime, Bates returned to speak with Hoelzel. After lunch, Bates called for a Republican caucus which went on for a while with Bates waving his arms around and speaking loudly, although not loud enough for the observers and Democrats in the hall to hear what he was saying. When the observers and Democrats were invited back into the room, Hoelzel announced it was getting late and the bill needed to be written, so the work session was over.

The next day, after the House session ended, O'Brien and his minions showed up at the Election Law Committee room and called for a Republican caucus to be held in the room next door. Soon, most of the Republicans left the caucus, returned to the Election Law Committee room and sat around the table. Bates, O'Brien and Reps. Richard Drisko (R-Hollis), Shawn Jasper (R-Hudson) and Susan DeLemus (R-Rochester) remained behind in the caucus room. After a lot of shouting by O'Brien, DeLemus left the caucus room in tears. Eventually, Bates, O'Brien, Drisko, Jasper and DeLemus as well, joined the rest of the Election Law Committee and the meeting was called to order. A red-faced Jasper left after a few minutes and was replaced by one of O'Brien's minions.

Version #3 of SB 129 (nothing like version #2) was then unveiled to the committee for the first time. Bates announced it was late and people were tired (he said this repeatedly throughout the meeting) and then said no one should feel pressured to hurry through the vote. After an embarrassingly long hesitation, Bates did grant a Democratic request that Secretary of State Bill Gardner be invited to speak although the meeting was not a public hearing.

Gardner said he did not support introducing provisional ballots into New Hampshire because, among other things, it would make it almost impossible for the state to meet Constitutional and federal requirements for certifying elections and mailing out absentee ballots between primary and general elections. Our recounts are completed in a couple of weeks. Legal challenges to provisional ballots can last for months. It took nine months, for instance to settle Minnesota's Al Franken-Norm Coleman election.

Gardner spoke about a few other problems with the bill and the Democrats pointed out many issues but Bates kept saying it was getting late and the bill had to be voted on to meet a deadline. He never explained what the deadline was or why the bill couldn't be retained for further study.

Under O'Brien's watchful eye, the bill was passed with the Democrats and Rep. Drisko voting against and the rest of the Republicans and O'Brien's minions voting in favor. Rep. Drisko, one of the few well-mannered Republicans left, supports requiring a photo ID but thought the bill needed a lot of improvement and wanted to retain it to work on it. At the previous day's subcommittee he said he expected to be "excommunicated" for his position.

The 50,000 to 75,000 people expected to show up at the next election without a government-issued photo ID are overwhelmingly elderly, disabled, poor, members of minority groups and the young. Wonder why O'Brien doesn't want any of those people to vote?

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Where are the libertarians? (4.00 / 2)

Tim

and where are the Free Staters?  Very quiet on an issue they used to raise the roof on as did we.


free staters (0.00 / 0)
The Free Staters in the legislature seem to be divided on this issue.  Some of them have drunk more of the Republican Kool-Aid than others.

[ Parent ]
Divided between those sup[porting it and those (4.00 / 1)
just sitting on their hands?

[ Parent ]
where's our pal Seth when we need him? n/t (0.00 / 0)


[ Parent ]
Who, me? Your pal? (0.00 / 0)
I voted against SB129, see my voting record, but beating it on the floor wasn't really a viable option to take on.

The story above, including elements like Susan Delemus leaving the room crying, is just NOT true.  Rep. Delemus, upon being shown this account, called it a outright lie, and said if anyone wants to contact her, she'll tell them that directly herself.  So don't trust what you read above in the diary: it's got fictional elements.

More importantly, I found it quite scary that despite repeated insistence by Democrats, including earlier in that day, that it is unconstitutional to tell the AG what to do, they had no problem voting for a floor amendment to SB129 by Rep. Pierce which used the words 'shall' in telling the AG to take action.  Either we can or we can't tell the AG, folks (I believe we can, and point to plenty of examples where the legislature has), but you can't claim it's wrong at one point in the day, but then vote to do it in another point of the day.

Some of my comments are getting marked as trolls by elwood and others and disappear as a result.  Look for the hidden comments and win a prize.  


[ Parent ]
Edit paragraph 9: "May" should be "April." (0.00 / 0)


Done and Done (0.00 / 0)
Thanks - I guess I'm just trying to rush this session to June as fast as I can.

[ Parent ]
Also in the caucus room: DJ Bettencourt. (4.00 / 1)
Standing over a seated, and extremely pissed off, Shawn Jasper.

An interesting picture it was in LOB 306: Bates standing in the center of the U, arms folded, looking down, O'Brien sitting on top of the witness table, looking down, and DJ Bettencourt, having pushed aside a rep's chair, standing behind the table right next to Jasper, leaning over him, looking down, and Drisko and Jasper seated next to each other looking for all the world like Kamenev and Zinoviev starting to get a bad feeling about the whole "new guy in charge" thing.


Poll workers cost towns money. (4.00 / 2)
Not a lot - maybe $60 for a 12-hour day, each.  Checking IDs means each check-in takes longer.  Keeping lines moving means more workers and more voter checklists.

Add in the cost of cameras under the other proposal.

It sure looks like an unconstitutional unfunded mandate imposed by the state on local towns.


Keeping score (0.00 / 0)
How many R legislators can O'Brien afford to exile or alienate before he loses his majority?  is anyone keeping score?  

How much will O'Brien's plan (0.00 / 0)
to disenfranchise voters cost the state of New Hampshire?

In poll workers?  In Big Gov't photo IDs?  In the inevitable court fight knocking this down?

birch paper; on Twitter @deanbarker


COST TO STATE (4.00 / 2)
Based on other states and adjusting the figures for NH, the most conservative estimate is that this proposal will cost the state between $500,000 and $1,000,000 a year. That does not include the cost of litigation which can be expected to continue for years.

It also doesn't include the cost of recounts.

A lot of towns don't pay pollworkers but this will require so many extra that I can't see how the towns that depend on volunteers will be able to recruit enough of them.

There will be amendment offered tomorrow to bar any student IDs. They forgot to put that in this version.

It's been frustrating to see how little interest this issue generates.  I suspect there will be a lot more when it is enforced at the next Presidential Primary.  


Source? (0.00 / 0)
Calvin I'm interested in where you got these figures from.

Thx.


[ Parent ]
voting rights (4.00 / 1)
As a Supervisor of the Checklist I see no problems with the present system. At the hearing on Rep Sorg's bills there were several members of the public grumbling about "voter fraud" but absolutely no proof. Could it be that the motive is to disenfranchise the young voters and recent immigrants because they might vote for a liberal?  

That is exactly it (4.00 / 1)
You could compare it to the pre-1964 efforts in the South to keep black folks from voting.

This Koch-inspired strategy is based on the idea that certain groups of people overwhelmingly vote for Democrats. Speaker O'Brien has even admitted this, on camera, and I believe it is posted on YouTube.

I agree with you. I've volunteered many times at the polls, and I'm always amazed at how smoothly things run.


[ Parent ]
Shawn Jasper (0.00 / 0)
claimed in an email exchange that he's been a member of checklists since he was 18 years old and has been told by many that picture ID was needed.  

"I have been working at the polls since I was 18 (I am now 52) if there is one thing people want it is photo Id. Most people can't believe that we do not verify that voters are who they say they are. Thankfully there are only some of you and many of us!"


[ Parent ]
email for every representative (4.00 / 1)
You can send one email that goes to every Rep. by using hreps@leg.state.nh.us

Just tell them you oppose SB129


I did just that. Here's one response I received. (0.00 / 0)
I would appreciate knowing where you get this "information" from. College Ids from any state school will be acceptable. Your estimate of $1M would indicate that at $5 per Id we have 200, 000 voters in NH without photo Ids. Did you know that there are currently more driver's licenses and non-driver photo Ids issued by DMV than there are voters? We will also accept expired ids, so long as the picture matches the person holding it. Free Ids will be provided to any registered voter who needs one. The voter will have a year to obtain one before it is required to have an Id to vote. If this is unreasonable then I am I would be surprised if you didn't believe that anyone who shows up at the polls should be able to vote in NH.

Rep. Shawn Jasper


[ Parent ]
Some explantation (0.00 / 0)
As published in "The Forum"
(can't post a link for some reason)

Report from the Legislature: Senate Prepares for Crossover

"Despite concerns expressed by the Department of Safety, the Department of State and the NH Municipal Association, SB 129, requiring a valid photo id for qualified voters was recommended OTP by the Senate Public and Municipal Committee along party lines. The Department of Safety notes that, should this bill become law, there is likely to be a quarter million ($240,830) cost to the state due to the provision of issuing non-driver identification cards for free (the bill repeals the fee generally charged for non-drivers licenses). The NH Municipal Association further argues that there will be an increase in local expenditures for elections, there may need to be appointments of additional ballot clerks to handle id checking, and that it will increase the time needed for the voter to check in and vote. Supporters of the bill maintain that it will reduce the incidence of voter fraud. Secretary of State Bill Gardner has long contended that this is not an issue in New Hampshire elections as demonstrated by numerous investigations by his office."

The figures provided by calvin are from 500K to 1 million.  A quarter mil for new ID's. plus the cost of extra workers,  time spent administering this law both at state and local levels could easily reach the half million mark.

But I would like to know where calvin got his other figures from.

It would be useful both for us as private citizens and to include in our emails to state reps.


[ Parent ]
some more info (0.00 / 0)
The Brennan Center for Justice: The Cost of Voter ID Laws: What the Courts Say (.pdf)

http://brennan.3cdn.net/74978e...

and from Elobbyist

http://webcache.googleusercont...
Bill Text: NH Senate Bill 129 - 2011 Regular Session

see; FISCAL IMPACT

I get a total of $389320 for the known costs listed but there are a number of costs that are unknown.


[ Parent ]

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