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Acts repugnant to the NH law of the land

12/20/21

Dear Editor,

There is only one "law of the land," and it is the NH constitution. Over time, bipartisan efforts have created legislative statutes that were never authorized by the citizens of NH, state voting laws are just one example.

First let us look at Article 11 of the NH Bill of Rights: 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. No person shall have the right to vote under the constitution of this state who has been convicted of treason, bribery or any willful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney general, restore the privilege to vote to any person who may have forfeited it by conviction of such offenses. The general court shall provide by law for voting by qualified voters who at the time of the biennial or state elections, or of the primary elections therefor, or of city elections, or of town elections by official ballot, are absent from the city or town of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of any officer or officers to be elected or upon any question submitted at such election. Voting registration and polling places shall be easily accessible to all persons including disabled and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. The right to vote shall not be denied to any person because of the non payment of any tax. Every inhabitant of the state, having the proper qualifications, has equal right to be elected into office." June 2, 1784


There has been no constitutional amendment to this article since 1984. Therefore, all state voting laws passed by the House and Senate and signed into law by the NH Governor since 1984 need to be declared "null and void" by state citizens of NH. Recent election law bills always refer to "residents," but as we can see in the above Article 11, the constitution provides that inhabitants shall have an equal right to vote. Any legislative act that describes residents of the state having the right to vote is repugnant to the state constitution.


Second, we will review Article 12 of the NH Bill of Rights:


“Nor are the inhabitants of this State controllable by any other laws than those to which they, or their representative body have given their consent.” June 2, 1784


Since there has been no constitutional convention awarding state voting rights to residents rather than inhabitants, all legislative acts describing the voting rights of residents of NH have been created without the consent of the people of NH.


Third, the following Opinion was Issued on August 28, 2020, by the SUPREME COURT OF NEW HAMPSHIRE:

“Indeed, “[n]o branch of State government can lawfully perform any act which violates the State Constitution.” LaFrance, 124 N.H. at 176. Burt v. Speaker, N.H. House of Representatives, 2020


Many of our current state voting laws, especially ones created by the Governor and Senate in 2020, violate the state constitution and should be repealed immediately. It is time state citizens of NH demand that state voting laws mirror Article 11 under the Bill of Rights of the NH state constitution.


Any NH state voting law passed without a constitutional amendment is not only repugnant to the state constitution, but also condones voter fraud in NH.


Regina Barnes

Hampton, NH


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