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New Hampshire: Protections Against Intimidation of Voters and Election Workers

This resource details state and federal laws protecting against the intimidation of voters and election workers and the disruption of the voting process.

Last Updated: May 21, 2024
Published: October 28, 2022
View the entire Laws Protecting Voters and Election Workers from Intimidation series

Voters in New Hampshire have the right to vote free from intimidation under federal and state law. footnote1_PC3NEdnGnKohS9yEgcBixWGSqm9LZHllnooZbIxq8_mBdbfxNv4wMC1See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); N.H. Rev. Stat. § 659:40(II). The federal protections that apply to all states are explained here. The following actions are specifically prohibited by New Hampshire law:

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. However, state law also provides for some guardrails. For example, New Hampshire prohibits challenging another person’s right to register to vote or to vote based on information the challenger knows to be false or misleading. footnote8_i3a5CZMk9L3NK6x9sBIWEo4fWtSHqGnQm-1e62AuBtQ_y8Z0IUUhnqTp8N.H. Rev. Stat. § 659:40(III)(a). No voter or observer can challenge a voter’s qualifications at the Election Day voter registration table.footnote9_UEIHeWy-2GOc2tabrDFIhQAufa9Py3QSRN4Q7EoX-sk_o13rpVhbbbpg9N.H. Rev. Stat. § 659:27(III).

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

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:

Voter Intimidation by Poll Workers

The Brennan Center published a detailed resource on the rules and constraints for New Hampshire poll workers here.

Intimidation by Poll Watchers

In New Hampshire, the official term for a poll watcher or observer is “challenger.” State law limits who may serve as an observer and what observers may do:

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.footnote21_44hcr0bK8InmpAwzJW2CHX5QU4DkoHv76R4wb2U_qF3u2ygUWgfY21N.H. Rev. Stat. § 104:28-a.

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