Voters in New Hampshire have the right to vote free from intimidation under federal and state law.¹ The federal protections that apply to all states are explained here. The following actions are specifically prohibited by New Hampshire law:

• Using or threatening force, violence, or any tactic of coercion or intimidation to knowingly induce or compel another person to vote or refrain from voting, vote or refrain from voting for any particular candidate or ballot measure, or refrain from registering to vote,²
• Threatening harm to a voter with the purpose of influencing their action, decision, opinion, or vote,³
• Interfering or attempting to interfere with a voter within the guardrail at a polling place or attempting to induce a voter to show how they marked their ballot,⁴
• Providing information known to be false or misleading to attempt to induce another person to refrain from registering to vote or from voting at the proper place or time,⁵
• Electioneering inside a polling place or within a 10-foot corridor around a polling place,⁶ and
• Government employees acting in a way intended to influence the vote of any voter.⁷

The information below addresses the laws that serve as guardrails against specific threats of intimidation.

Challenges to Voter Eligibility at the Polls

In New Hampshire, a voter may be challenged by another voter registered in the town or ward in which the election is held, an election official, or an official challenger appointed by a political committee or the attorney general.⁸ However, state law also provides for some guardrails. 

• As evidence of their authority to challenge voters, appointed challengers must present to the polling place moderator or other election officer a signed statement from the appointing political party or attorney general.⁹
• Appointed challengers must be positioned where they can see and hear each voter as they offer to vote but they may not come within the guardrail, a six-foot physical perimeter around the ballot box and voting booths.¹⁰
•  It is a felony in New Hampshire for any type of challenger to challenge another person’s right to register to vote or to vote based on information they know to be false or misleading.¹¹
• No one can challenge a voter’s qualifications at the Election Day voter registration table.¹²

New Hampshire law also outlines the process for mounting a challenge and what standard of proof is required to sustain it:

• A challenge may only be asserted based on personal knowledge or other probable cause that the challenged voter is ineligible to vote.¹³
• Challenges must be made by signed affidavit, under an oath administered by an election official. The affidavit requires the challenger to include the reason that the voter is not eligible and the specific source of the challenger’s personal knowledge or information supporting that reason.¹⁴
• Upon receiving a written challenge, the moderator, who oversees ward elections, determines if the challenge is well grounded.¹⁵

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, under New Hampshire law, it is a crime to

• Assault a local official carrying out the duties of their role at an election,¹⁶
• Threaten force, violence, or any tactic of coercion or intimidation to knowingly discourage, interfere with, or compel election workers from engaging in or completing their election-related duties,¹⁷ or
• Harm a person performing a government function with the purpose of influencing their actions or use intimidation to hinder or interfere with a public servant performing their official functions.¹⁸

Voter Intimidation by Poll Workers

Information about the rules and constraints on poll workers in New Hampshire can be found here.

Intimidation by Election Observers 

In New Hampshire, any member of the public can observe the conduct of an election at a polling place so long as they are not disruptive. Observers have no special status but state law nevertheless limits what observers, like other members of the public, may do.¹⁹

• Voting booths must be in plain view of people outside the guardrail but observers may not come within the guardrail. Except under narrow circumstances, only voters, election officers, or individuals assisting a voter are permitted within the guardrail.²⁰
• Observers, like all others, are prohibited from engaging in electioneering within a polling place.²¹
• It is a crime for observers, like all others, to interfere or attempt to interfere with any voter when the voter is within the guardrail at a polling place.²²

Guns, Law Enforcement, and Federal Agents at Polling Places

Although New Hampshire does not expressly prohibit firearms at polling locations or other places where people are voting, carrying a firearm may constitute unlawful intimidation.²³ Such conduct may consist of:

• Carrying a visible firearm while near a polling location or at a drop box or vote-counting site,
• Displaying a concealed firearm during a discussion or argument with a voter or election worker, and
• Approaching a voter or election worker while displaying a firearm.

New Hampshire law is silent regarding the presence of state and local law enforcement agents at the polls. 

Federal law limits the presence of the military and other armed federal agents at polling places:

• It is a felony to deploy troops or armed persons to a polling place, unless such force is necessary to repel armed enemies of the United States.²⁴
• It is a felony for a member of the military to intimidate voters or interfere with elections.²⁵

Door-to-Door Intimidation

Both state and federal law prohibit canvassing efforts that are used to intimidate voters. Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials. Additionally, it is a felony to impersonate any law enforcement officer or government investigator in New Hampshire.²⁶