# Has New Hampshire just enacted a poll tax? **URL:** \ **Category:** Politics & Elections\ **Created:** [July 13, 2018, 6:29pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854 "2018-07-13T18:29:43Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [July 13, 2018, 6:29pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/1 "2018-07-13T18:29:43Z")
Poll taxes were outlawed by the 24th Amendment, at least with respect to elections for Federal office. [But](http://www.wmur.com/article/amid-uproar-sununu-signs-voter-residency-requirement-bill-into-law/22142492) > [@](#): > > House Bill 1264 will take effect on July 1, 2019, which means the upcoming 2018 elections will be held under the existing statutes that allow people domiciled in the state to vote in the state even if they are not residents of the state. > > But beginning in the 2019 municipal elections – and in the 2020 elections – people who vote in New Hampshire will be residents of the state and if, for instance, they do not have a New Hampshire driver’s license, they will be required to obtain one within 60 days of voting. They must also register their vehicles in the Granite State. Unless there’s some hairsplitting difference between taxes and fees, this certainly strikes me as an attempt to deny the right to vote “by reason of failure to pay” a tax (see below). And it clearly applies to Federal as well as state elections. The 24th Amendment: > [@](#): > > The right of citizens of the United States to vote in any primary or other election for President or Vice President for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. Is it as slam-dunk a violation of the 24th Amendment as it looks to me, or is there something I’m missing here? ---
**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\ **Post date:** [July 13, 2018, 6:41pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/2 "2018-07-13T18:41:51Z")
many states that require an ID for voting give out free photo IDs from the DMV which are not driver’s licenses. That’s the way they get around the idea of a poll tax. Maybe NH is planning to do that too. That’s what they did here in NC before voter ID was thrown out by courts. This Nov. they have put an amendment on the ballot for voter ID for a yes/no vote to get around the ID law being thrown out by federal court. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 13, 2018, 6:43pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/3 "2018-07-13T18:43:52Z")
Not a poll tax. The law does not charge a fee to vote. It simply lays out two mandates: (1) You must be a resident of New Hampshire to vote in New Hampshire, and (2) You cannot claim to be a resident in order to vote but then disclaim residency for other purposes, such as obtaining a New Hampshire driver’s license. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 13, 2018, 6:47pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/4 "2018-07-13T18:47:32Z")
More specifically, New Hampshire has a rule similar to many other states: if you are a resident, you must within a timely fashion register yourself as a driver in New Hampshire as opposed to using another state’s license. You don’t have to get a New Hampshire license. But if you live in New Hampshire as a resident you can’t drive on another state’s license. ---
**Author:** ![Thudlow\_Boink](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thudlow_boink/32/320_2.png) [@Thudlow\_Boink](https://boards.straightdope.com/u/Thudlow_Boink)\ **Post date:** [July 13, 2018, 6:47pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/5 "2018-07-13T18:47:48Z")
That article makes it sound like you’ll have to have a NH driver’s license to vote, but when I dig a little deeper, I think that’s a misrepresentation. [Here’s what seems to be a clearer and more informative article on the issue.](https://www.lfda.org/issues/voter-residency-requirement) IIUC they’re just trying to exclude, for example, college students who have permanent registry and driver’s licenses in other states but who are (temporarily) going to college in New Hampshire. > [@](#): > > Each applicant [when registering to vote] should bring documents which can prove identity, domicile, citizenship and age. The law treats a New Hampshire driver’s license, non-driver ID, other government issued photo identification that lists your name and the address you claim as your voting domicile, ora vehicle registration form as presumptive evidence of your domicile. These will generally be accepted as proof of age and identity. A list of other acceptable documents can be found here. [Link is broken in the article.] ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 13, 2018, 6:49pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/6 "2018-07-13T18:49:51Z")
Conversely, you are free to keep your Colorado residency and merely keep a domicile in New Hampshire. But then you can’t vote in New Hampshire. You should vote in Colorado. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [July 13, 2018, 6:55pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/7 "2018-07-13T18:55:07Z")
> [@Bricker](#): > > More specifically, New Hampshire has a rule similar to many other states: if you are a resident, you must within a timely fashion register yourself as a driver in New Hampshire as opposed to using another state’s license. > > You don’t have to get a New Hampshire license. But if you live in New Hampshire as a resident you can’t drive on another state’s license. What if I become indigent after moving to New Hampshire? Can I not vote unless I pay money for a New Hampshire drivers license? ---
**Author:** ![scr4](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@scr4](https://boards.straightdope.com/u/scr4)\ **Post date:** [July 13, 2018, 7:15pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/8 "2018-07-13T19:15:19Z")
> [@Bricker](#): > > More specifically, New Hampshire has a rule similar to many other states: if you are a resident, you must within a timely fashion register yourself as a driver in New Hampshire as opposed to using another state’s license. That only applies to people who drive. Which isn’t a requirement for voting. ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [July 13, 2018, 7:43pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/9 "2018-07-13T19:43:55Z")
The article did state this: “New Hampshire is currently the only state without a residency requirement for voting” so I’m not seeing the big deal about it. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [July 13, 2018, 7:51pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/10 "2018-07-13T19:51:55Z")
> [@Bricker](#): > > Not a poll tax. > > The law does not charge a fee to vote. It simply lays out two mandates: > > (1) You must be a resident of New Hampshire to vote in New Hampshire, and > > (2) You cannot claim to be a resident in order to vote but then disclaim residency for other purposes, such as obtaining a New Hampshire driver’s license. Since you are a textualist, I would suggest reading the actual Constitution again. The right of citizens of the United States to vote in any primary or other election for President or Vice President for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax **or other tax**. By the plain reading of the text, it is not merely poll taxes that are forbidden, but any tax being used as a reason to deny someone the right to vote. There would be no reason to include “or other tax” portion if only poll taxes were a problem. Strict interpretation means that this is illegal. ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [July 13, 2018, 7:54pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/11 "2018-07-13T19:54:33Z")
> [@Slash1972](#): > > The article did state this: “New Hampshire is currently the only state without a residency requirement for voting” so I’m not seeing the big deal about it. A residency requirement isn’t the issue, as far as I can tell. It’s requiring a driver’s license, which is not free. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 13, 2018, 7:56pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/12 "2018-07-13T19:56:43Z")
> [@UltraVires](#): > > What if I become indigent after moving to New Hampshire? Can I not vote unless I pay money for a New Hampshire drivers license? Of course you can. If you are indigent you may acquire a Photo ID card for used for voting identification only, issued by the New Hampshire DMV pursuant to RSA 260:21. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 13, 2018, 7:59pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/13 "2018-07-13T19:59:48Z")
> [@scr4](#): > > That only applies to people who drive. Which isn’t a requirement for voting. Correct. And a driver’s license isn’t a requirement for voting. This is not complicated. New Hampshire says, “Look, we have a rule that if your residence is here, and you drive, you need to have a New Hampshire driver’s license.” Now they have a new rule: if you claim your residence is here for voting purposes, you must also admit your residence is here for other purposes. You can’t say “I’m a resident of New Hampshire,” to the registrar for voting and then say to the DMV, “I don’t need a New Hampshire license because I’m already licensed in Vermont.” ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 13, 2018, 8:01pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/14 "2018-07-13T20:01:18Z")
Everyone: THERE IS NO REQUIREMENT TO HAVE A DRIVER’S LICENSE TO VOTE IN NEW HAMPSHIRE. ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [July 13, 2018, 8:04pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/15 "2018-07-13T20:04:27Z")
> [@Bricker](#): > > Everyone: THERE IS NO REQUIREMENT TO HAVE A DRIVER’S LICENSE TO VOTE IN NEW HAMPSHIRE. Hmmmm…Let me throw this one out to you - “If I want to vote in New Hampshire, do I need to have a license to drive issued by New Hampshire?” ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [July 13, 2018, 8:10pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/16 "2018-07-13T20:10:12Z")
> [@Slash1972](#): > > Hmmmm…Let me throw this one out to you - “If I want to vote in New Hampshire, do I need to have a license to drive issued by New Hampshire?” :eek: :smack: ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [July 13, 2018, 8:13pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/17 "2018-07-13T20:13:36Z")
**RTFirefly** , in your summary of the issue in the OP, quoting from the news article, why did you not mention that the New Hampshire Supreme Court has issued an advisory opinion that the law is constitutional? I would have thought that’s an important part of the story. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [July 13, 2018, 8:48pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/18 "2018-07-13T20:48:37Z")
> [@Bricker](#): > > Of course you can. > > If you are indigent you may acquire a Photo ID card for used for voting identification only, issued by the New Hampshire DMV pursuant to RSA 260:21. Okay. So, I am a MA resident with an MA driver’s license. I spend every dime I have to move to NH. I go to register to vote. They ask me to provide a driver’s license. They will not accept my driver’s license from MA because NH law requires me to get a NH license to drive in that state if I claim residency there. I cannot afford to do that. But they are not denying me the right to vote because I can get a free NH ID, I just can’t drive in NH? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [July 13, 2018, 8:49pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/19 "2018-07-13T20:49:56Z")
Here’s a wild and crazy idea; let’s look at the text of the bill and see what it says about driver’s licences and fees. If I’ve done my on-line research correctly, this appears to be the text of the bill, from the [New Hampshire Legislature’s web-page](http://gencourt.state.nh.us/bill_status/billText.aspx?id=1365&txtFormat=html&sy=2018). Words in _ **bold italic** _ were added in the legislative process; words in [del]strike-out[/del] were deleted. > [@](#): > > STATE OF NEW HAMPSHIRE > > In the Year of Our Lord Two Thousand Eighteen > > AN ACT relative to construction of the terms “resident,” “inhabitant,” “residence,” and “residency.” > > Be it Enacted by the Senate and House of Representatives in General Court convened: > > 1 Statutory Construction; Resident; Inhabitant. Amend RSA 21:6 and 21:6-a to read as follows: > > 21:6 Resident; Inhabitant. A resident or inhabitant or both of this state and of any city, town, or other political subdivision of this state shall be a person who is domiciled or has a place of abode or both in this state and in any city, town, or other political subdivision of this state, and who has, through all of his _ **or her** _ actions, demonstrated a current intent to designate that place of abode as his _ **or her** _ principal place of physical presence [[del]for the indefinite future[/del]] to the exclusion of all others. > > 21:6-a Residence. Residence or residency shall mean a person’s place of abode or domicile. The place of abode or domicile is that designated by a person as his _ **or her** _ principal place of physical presence [[del]for the indefinite future[/del]] to the exclusion of all others. Such residence or residency shall not be interrupted or lost by a temporary absence from it, if there is an intent to return to such residence or residency as the principal place of physical presence. > > 2 Effective Date. This act shall take effect July 1, 2019. That’s odd. It doesn’t say anything at all about driver’s licences and fees. It’s almost as if the bill doesn’t address them! It’s almost as if proponents of the bill have been asked what the bill means by requiring a voter to demonstrate a “current intent to designate that place of abode” as their “principal place of physical presence”, and the proponents have said, "well, having a New Hampshire driving permit is a good indicator that you mean New Hampshire to be your ‘principal place of physical presence’, but if you’ve got a driver permit from some other state that may mean you’re not making New Hampshire your ‘principal place’ ". In other words, driver permits are a fact to take into account in determining if you’ve made New Hampshire your “principal place”. And then opponents of the bill are taking that example of a possible factor as if it’s part of the law. Unless I’m missing something, and there’s some related bill that deals with driver permits? I’m certainly open to correction. ---
**Author:** ![Thudlow\_Boink](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thudlow_boink/32/320_2.png) [@Thudlow\_Boink](https://boards.straightdope.com/u/Thudlow_Boink)\ **Post date:** [July 13, 2018, 8:54pm UTC](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854/20 "2018-07-13T20:54:49Z")
> [@UltraVires](#): > > Okay. So, I am a MA resident with an MA driver’s license. I spend every dime I have to move to NH. I go to register to vote. They ask me to provide a driver’s license. They will not accept my driver’s license from MA because NH law requires me to get a NH license to drive in that state if I claim residency there. I cannot afford to do that. > > But they are not denying me the right to vote because I can get a free NH ID, I just can’t drive in NH? Sounds right to me. And if you literally cannot afford the fee for a driver’s license in NH, yeah, you can’t drive there, whether you moved from MA or lived in NH all your life. Don’t most states require you to get a driver’s license issued by that state when you move there permanently from out of state? [Next page](https://boards.straightdope.com/t/has-new-hampshire-just-enacted-a-poll-tax/817854.md?page=2)