CONCORD – A bill tying a voter’s claim of residency to all other legal definitions of domicile easily cleared the House of Representatives on Wednesday.

Rep. David Bates, R-Windham, insisted the measure, HB 1354, wasn’t an attempt to prevent out-of-state college students from voting, but to clarify someone’s domicile for voting should apply to such things as driving and insurance.

“I have satisfied myself there is no unintended consequences of making this change,” Bates said. “This changes the law that might give the wrong impression that you don’t have to be a resident to vote.”

Rep. David Cote, D-Nashua, said this could conflict with nearly 600 other references in state law to residency or domicile.

“Most importantly, the integrity of the voting system in New Hampshire is compromised,” Cote said. “History shows that this law could be used to target voters such as college students, low-income residents and members of our military in order to intimidate them and suppress their vote.”

The House voted 248-101 to pass the measure, which now goes to the Senate for final approval.

Domicile is a legal term used to establish voting rights. It is the place where a person has established a physical presence and intent to maintain a presence in the future, regardless of legal residency.

State law lets people vote who claim the state as a domicile, but it does not mean the voter has to be a state resident and comply with such requirements as getting a state driver’s license.

Bates has called that an “imaginary distinction that shouldn’t exist.”

House Deputy Majority Leader Shawn Jasper, R-Hudson, said the bill is simple common sense.

“I don’t want people without the right to vote to be considered residents for other purposes,” Jasper said.

This bill and another linking voting to motor vehicle registration in this state, HB 1478, are priority issues in the House Republican agenda for 2012.

House Speaker William O’Brien, R-Mont Vernon, said last month’s stunt in which a conservative activist paid people to pose as voters who were deceased highlights the need to tighten voter residency laws.

“This bill is a first step to protecting the integrity of elections by making clear that in order to vote in New Hampshire, you must be a resident of New Hampshire,” O’Brien said in a statement.

Rep. Robert Perry, D-Strafford, said there have been few examples of voter fraud here or in most states.

“This does not justify the national hysteria to try and prevent the public from exercising its fundamental right,” Perry said.

Five years ago, Gov. John Lynch vetoed a bill linking voter residency to motor vehicle registration, saying it would make it too difficult for young and new voters to comply.

The House vote Wednesday was much more than the two-thirds supermajority needed to override a Lynch veto.

Kevin Landrigan can reached at 321-7040 or klandrigan@nashuatelegraph.com; also check out Kevin Landrigan (@KLandrigan) on Twitter.

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