Fischer v. Governor

BRODERICK, j.

The State appeals a ruling of the Superior Court (Brennan, J.) that the felon disenfranchisement statutes, RSA 607-A:2 (1986) and RSA 654:5 (1996), violate Part i, Article 11 of the New Hampshire Constitution. It argues that the legislature has constitutional authority under Article 11 to determine voter qualifications and that the legislature reasonably excluded incarcerated felons from the franchise. Alternatively, it argues that if no such authority exists under Article 11, the legislature had compelling reasons to deprive incarcerated felons of their right to vote. The State…