Senator fights SB 3 subpoena

NASHUA – A proponent of the controversial voter identification law, SB 3, Sen. Regina Birdsell wants Hillsborough Superior Court Judge Charles Temple to quash a subpoena requiring she show evidence of voter fraud.

The state is being sued by individual voters, as well as the New Hampshire Democratic Party and the League of Women Voters, over the law which they claim unfairly targets minorities, the poor and college students. The law was crafted to target voter fraud.

In a motion filed this week, Birdsell asked the court to allow her to not provide evidence of any supposed voter fraud. The subpoena served to Birdsell seeks documents and communications tied to her work on the bill. Birdsell’s motions states this violates her free speech rights, as well as her legislative privilege.

Birdsell, a Republican representing Windham, Derry and Hampstead, supported the bill when it was crafted last year, and claimed to know of hundred of fraudulent votes in the 2016 election. The bill aims to cut down on voter fraud, though there has yet to be any evidence of major voter fraud issues in New Hampshire, something conceded by Secretary of State William Gardner.

Temple did rule Thursday against the state’s request for a protective order to shield it from providing answers to questions from the plaintiffs in the case. Temple’s ordered states that superior court rules have so far not been followed in this case when it comes to the state answering questions. He ordered to state to follow the rules of the court.

Damien Fisher can be reached at 594-1245 or or @Telegraph_DF.