Mr. Speaker, I rise today in strong opposition to HB 1062.…
Rep. Luz Bay (D - Straf 21)Mr. Speaker, I rise today in strong opposition to HB 1062. The bill authorizes the Secretary of State to conduct random audits of voters who registered using affidavits. The audits will rely on any and all available governmental and private databases. It provides no requirement for advanced notice, no meaningful due process protection, and no transparency regarding which databases are used or how their accuracy is evaluated. That is not a safeguard for our elections. That is an open-ended surveillance power. HB 1062 adds a new layer of government scrutiny after a voter has already registered and sworn an affidavit under penalty or perjury. With this additional layer of scrutiny, the bill raises serious constitutional concerns. Article 11 of the New Hampshire Constitution guarantees every qualified voter the right to participate in free elections without undue government interference. The 14th Amendment prohibits states from imposing arbitrary burdens on similarly situated voters. HB 1062 risks violating both by creating additional hurdles that will disproportionately affect students, low-income residents, recent movers, naturalized citizens, people with disabilities, and others whose records may not fit neatly into narrow categories. These concerns are not theoretical. Just last week, the Federal Court's decision in the HB 1569 case made clear that New Hampshire cannot impose voting procedures that burden eligible voters without sufficient justification and that when a voter's eligibility is challenged, the state must provide clear standards and constitutionally adequate due process protections before depriving a person of the right to vote. HB 1062 ignores that warning. As ABLE New Hampshire testified, voting already requires courage, preparation, and trust for many people with disabilities. HB 1062 introduces fear, surveillance, and instability into that process. The organization further warned that database matching can produce false flags, particularly for people whose records differ across systems, including people with disabilities, individuals experiencing housing instability, naturalized citizens, and people with non-anglicized names. We heard similar concerns from election integrity advocates, immigrant rights organization, and local election officials. Public opposition was overwhelming. More than 10 individuals testified against the bill, and only one testified in support. More than 1,000 online submissions opposed the bill, compared to only 10 in support. The evidence presented to the committee was also striking. Only two to three cases of non-citizen voting have been identified in New Hampshire in over 20 years, but more than 200 voters were reportedly disenfranchised in 2025 because of simple name mismatches. In Florida, a similar program disproportionately flagged people of color, including a 91-year-old World War II veteran. Texas and Louisiana wrongly removed thousands of U.S. citizens from voter rolls under similar audit systems. These are warnings about the predictable consequences on relying on flawed databases matching the question of eligibility of lawful voters. Local election officials also made clear that this bill is unnecessary. A supervisor of the checklist testified that supervisors already verify citizenship and maintain accurate voter rolls. She warned that HB 1062 creates anxiety for registered voters and wastes state resources. Our local election officials take their responsibilities seriously. They do not need the state second-guessing their sworn work. Most importantly, supporters of HB 1062 could not identify a single instance that this bill would have prevented. Not one. The justification offered was based on hypotheticals rather than evidence, the very type of speculative reasoning the court rejected in the HB 1569 decision. Mr. Speaker, New Hampshire's elections are secure because they are simple, transparent, and locally administered. HB 1062 replaces trust with suspicion, clarity with confusion, and constitutional safeguards with open-ended investigations. Rather than strengthening election integrity, this bill risks undermining public confidence, burdening lawful voters, and inviting litigation over constitutional defects that courts have already identified. For this reason, Mr. Speaker, I urge the body to vote no on adopting the committee of conference report. Thank you, Mr. Speaker.
Speaker PackardThe Chair recognizes Representative Berry.
Rep. Ross Berry (R - Hills 44)Thank you, Mr. Speaker. Mr. Speaker, there's a man on trial right now from Manchester who's a non citizen who voted, he was bragging on Twitter. So there you go, there's one. What this bill does is, for years, you could just sign away that you were a U.S. citizen, and that's what we took as proof. The House passed an audit saying, hey, Mr. Secretary, you can audit the people that signed away for proof of citizenship. The Senate took that audit, watered it down, and made it only active for two years. We said, no, no, no. No, no, no. We want it to be a sunset. We don't want a sunset. We want this audit to be able to happen in perpetuity. I said on the Wednesday that we met, I said in the committee of conference to the Senate, you can't let this sunset because you never know what an unelected person in a black robe will do. The next day, they struck down our proof of citizenship requirement and brought back the affidavits. The next day. So it was really nice of the autopen appointed judge to do that, but now we certainly cannot sunset the audits. So, I would urge the body to vote green.
Speaker PackardThe House will be in order. Representative Lane has requested a roll call. Is that sufficiently seconded? It is sufficiently seconded. This will be a roll call vote. Members, take your seats. The motion before us is to adopt committee of conference report on House Bill 1062. This is a roll call vote. The Chair recognizes Representative Lane for parliamentary inquiry.
Rep. Connie Lane (D - Merr 16)Thank you, Mr. Speaker. If I know that Governor Sununu, our Secretary of State, and the prime sponsor of this bill have stated that New Hampshire elections are safe and secure, and the public has high confidence in New Hampshire's voting process, if I know that this bill violates the privacy rights and due process rights guaranteed by the New Hampshire Constitution, and if I know that there's virtually no incidences of fraud by a non-citizen in the past 20 years, then would I vote against adopting the committee of conference report? Thank you.
Speaker PackardChair recognizes Representative Berry for parliamentary inquiry.
Rep. Ross Berry (R - Hills 44)Mr. Speaker, if I know that audits are one of the reasons that our elections in New Hampshire are now safe and secure, would I press the green button to adopt the committee of conference report?
Speaker PackardThe motion before us is to accept the committee of conference report on House Bill 1062. This is a roll call vote. If you're in favor, you'll press the green button. If you're opposed, you'll press the red button. Voting stations are open for 30 seconds. Have all members present had an opportunity to vote? The House will attend the state of the vote. 196 voting yea, 156 voting nay, the committee report is adopted.