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Bill to let DMV share Real ID citizenship data with Secretary of State draws support and technical questions

Senate Election Law and Municipal Affairs Committee · January 21, 2026
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Summary

SB 438 would authorize sharing certain DMV Real ID citizenship indicators with the Secretary of State to reduce wrongful turnaways. Advocates pushed for statutory codification; the Secretary of State and DMV warned about technical, privacy, and e-poll-book readiness.

Senator Rebecca Perkins Quoca presented SB 438 to let the Department of Safety and the Secretary of State share limited citizenship information collected during Real ID issuance so election officials can determine whether a voter's previously-provided DMV documentation satisfies registration requirements at the polls.

Advocacy groups and clerks generally supported the idea as a way to reduce unnecessary turnaways. "This is data that the state already has," Kate Horgan of Secure Democracy told the committee and urged a statutory backstop rather than reliance on a memorandum of understanding (MOU).

Secretary of State David Scanlon said the office already has an MOU with the DMV under HB 464 that covers much of the intended functionality and cautioned that transferring photographic files statewide is premature because many communities lack e-poll books and photographs consume significant storage and technical resources. DMV witnesses clarified the division currently offers Real ID in New Hampshire but does not provide enhanced driver licenses; they also noted practical and privacy considerations for cross-state vital-records access.

Supporters said statutory language could protect privacy while ensuring the Secretary of State can access a DMV flag that indicates a person proved citizenship at the time of ID issuance. Several clerks and supervisors described voter confusion about whether a Real ID alone proved citizenship and recounted instances in which voters assumed the Real ID was sufficient but were turned away because the underlying records did not demonstrate the required information.

The committee heard technical questions about whether existing statute already grants needed authority and whether the bill should be limited to sharing a citizenship flag rather than full photographic or backend data. The hearing closed after testimony and clarifying exchanges; the secretary and DMV offered to work with sponsors on statutory language to avoid duplicate or premature requirements.