Deputy secretary tells panel DMV can notify out‑of‑state license users; subcommittee weighs database limits

Deputy Secretary of State Aaron Hennessy told the House Election Law subcommittee on Feb. 14 that the Secretary of State’s office maintains records of voters who checked in using out‑of‑state driver’s licenses and that a separate bill (House Bill 133 in Transportation) would require the Department of Motor Vehicles to contact those voters.

Hennessy said the Secretary of State’s office already sends informational letters to people who check in with an out‑of‑state license but that those letters carry no enforcement penalty; they are meant only to inform the voter of the law that requires obtaining a New Hampshire license when applicable. He said HB 133 would formalize DMV follow‑up. “We do some letters through our office…there’s no ramifications otherwise. It’s just informing them,” he said.

The deputy secretary also told the panel that local ballot clerks record the state of origin on the paper checklist (the moderator or ballot clerk writes state initials such as “MA”), and that information is uploaded into the statewide voter registration system (SVRS). He and members discussed whether the secretary’s office could produce summary reports by town or ward showing how many voters used out‑of‑state IDs; Hennessy said such reporting would require programming changes and could increase the size of printed checklists.

Hennessy warned that supervisors of the checklist do not always have reliable access to SVRS at every polling place because of Wi‑Fi and connectivity limitations; adding requirements that send more voters to supervisors could increase lines and operational complexity on Election Day. The deputy secretary recommended that enforcement of driver’s‑license requirements be handled by DMV and Department of Safety channels rather than by election officials.

Lobbyist Michael O’Brien, representing America Votes, told the committee that a photo ID proves identity but not domicile, and that registration steps – not check‑in – are the appropriate time to resolve domicile. “A passport…will not have my address on it. Right? But that does not stop me from producing a passport and you saying, yep. This is who he is,” O’Brien said.

Members asked the deputy secretary for metrics (for example, how many out‑of‑state IDs were used, broken down by town or ward). Hennessy said the office could try to provide those figures but that it would require a request and could be constrained by the way checklists are currently printed and summarized.

No formal action was taken on these points at the session, but members directed staff to follow up on whether SVRS reports or checklist formatting changes could be produced and at what cost.