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Lax NH Voter Law Allowed Non-Citizen to Vote Three Times, Records Show

When news broke that a Jamaican citizen had been arrested for illegally voting in New Hampshire — in three different elections — the first question many Granite Staters had was “How is that possible?”

And the answer, say voting law experts, is that New Hampshire’s law at the time made it possible. But not anymore.

Naseef Bryan, 34, was arrested and charged this week on three felony counts of wrongful voting. At the time he started voting in Manchester, Bryan was engaged in multiple lawsuits with the federal government in an attempt to force his way into becoming a citizen.

The lawsuits indicate that Bryan knew he was not a citizen when he registered to vote in the November 2023 municipal election and could therefore not legally vote. But if he knew he wasn’t a citizen, why didn’t the New Hampshire election authorities know it, too?

According to a representative for the city clerk’s office, Manchester election officials followed the law when Bryan registered. He was asked to prove his identity, his current address or domicile, and his status as a U.S. citizen.

For the first two, Bryan presented a New Hampshire driver’s license as photo ID and his car registration to prove he lived in the city. As for his citizenship, New Hampshire law allowed voters to sign an affidavit in front of a poll worker attesting that he or she is an American citizen.

Unless the affidavit is challenged, the citizenship claim is neither questioned nor confirmed, and the vote is counted. Or at least it was.

Bryan could not register to vote today, thanks to the law signed by Gov. Chris Sununu last year. HB1569 requires people registering to vote for the first time to prove their citizenship status. Democrats and liberal groups attacked the law, calling it “unconstitutional” and “a clear attack on one of our most fundamental rights.”

Democrats in the state House and Senate overwhelmingly voted against the proof-of-citizenship requirement.

“Make no mistake: this law will disenfranchise eligible voters with no evidence or data to back up any reason as to why,” Devon Chaffee, executive director of the ACLU-NH, said at the time.

Then came the Bryan case.

“For years, Democrats told us that a signature on a piece of paper was all that was needed for proof of citizenship for voting, and for years, we told them the system was wide open for abuse,” said Rep. Ross Berry (R-Weare), chair of the House Election Law Committee. “Turns out we were right, and thankfully, we have already closed that loophole over their objections.”

The new Granite State requirements are similar to those in the federal SAVE Act, a law Democrats like U.S. Rep. Maggie Goodlander claimed — falsely — would disenfranchise married women. 

“These women would not be able to use their birth certificates to prove their citizenship under the SAVE Act. And, if they do not have a passport, which roughly 44.5 percent of Granite Staters do not, they would not be able to register to vote at all under the SAVE Act,” Goodlander said in a statement.

However, the New Hampshire law only affects new voter registrations, and married women who are already registered to vote won’t be turned away from the polls if they have taken their husband’s last name. 

Affidavit ballots have also been used for same-day registration when would-be voters show up without either proof of identity, address, or both. Under the old rules, they could fill out an affidavit and cast their vote. They then had one week to provide proof of identity, thus allowing their vote to be added to the total count.

In 2024, 27 voters who registered at the polls without an identification earlier this month were provided with affidavit ballots, the largest number ever in a single election. Of those 27, only three sent in their proof of identity, according to the New Hampshire Secretary of State’s Office.

It’s not yet clear from the available records how Bryan was caught. Speculation surrounds the fact that he’s a litigious and outspoken gadfly in the New Hampshire legal system, seeking the sort of attention that could catch the eye of election law enforcement.

It would only take a quick internet search to find his many lawsuits against various government agencies, including his legal battles with the United States Citizenship and Immigration Services.

Maggie Goodlander’s Sketchy Voting History Highlights ‘Carpetbagger’ Issue

Where in the world is Maggie Goodlander?

If you’re looking for the Democrat running for the Second Congressional District nomination, you might want to try an apartment in the new Nashua apartment building downtown on a street with a taxi stand and a casino.

But if you’re looking for her actual home, it might be the $2.2 million, three-bedroom house with harbor views in the First Congressional District city of Portsmouth. 

Unless it’s a work day. Then you might want to try Washington, D.C. Her husband Jake Sullivan is President Joe Biden’s national security advisor, and the couple has a home there, too.

Which leads to the ironic situation in which Goodlander is the only major candidate actually born in the Granite State, and yet she’s simultaneously facing legitimate allegations of being a “carpetbagger” as well.

Goodlander didn’t rent her Nashua residence until she became a candidate in the congressional race. Asked about the odd optics of moving into a district in order to run for office there, Goodlander retorted: “I am a renter, and there should be more renters in Congress.”

Goodlander’s building advertises apartments starting at $1,800 a month for a studio, and about $2,600 a month for a two-bedroom unit. It includes a gym and courtyard recreation area, though it seems unlikely she’ll be using the communal grill. And Goodlander’s name does not appear in the menu on the touch-screen directory at the building’s entrance.

The building is owned Wingate, one of the real estate rental conglomerates the Biden administration has been recently railing against 

Wingate, which owns and operates many apartment developments, is also a major contributor to Democratic politics, according to Federal Election Commission data. That includes a $95,000 donation to the Democratic Congressional Campaign Committee that’s working to elect the next representative in the NH-02 race.

Ironically, Goodlander’s residency issues in Nashua go back to the very first time she voted, in 2008.

According to records reviewed by NHJournal, when Goodlander cast her mail-in ballot in the 2008 general election, the address listed was for a Nashua home her parents had already sold. 

According to the 2008 voter checklist, Goodlander registered undeclared and voted by absentee ballot in both the January presidential primary and the November general election. According to the checklist, Goodlander pulled a Democratic ballot in the First in the Nation presidential primary between Hillary Clinton and Barack Obama.  

The Nashua address Goodlander used for her registration was owned by her parents Betty Tamposi and Theodore Goodlander. However, that house was not her home by the time of the November election. The house was sold that fall, with the sale closing on Oct. 24, 2008, according to Registry of Deeds records.

Betty Tamposi and Theodore Goodlander were in the middle of an ugly, high-profile divorce at the time that is still a topic of conversation in Nashua circles. The fact that Maggie Goodlander voted from an address he family didn’t live at has some people asking if she cast an illegal ballot the first time she voted.

Probably not, Secretary of State David Scanlan told NHJournal.

While Scanlan would not speculate about the specifics of Goodlander’s actions, he said New Hampshire state law allows for limited transitional gray areas when it comes to moving and voting. 

“Everybody’s situation is unique and different,” Scanlan said.

The law at the time allowed for people like college students to “domicile” in New Hampshire while actually residing in another state, according to Scanlan. Those who domiciled in the Granite State could vote in New Hampshire elections. Conversely, Granite Staters who did not domicile in New Hampshire could still claim it as their home. And they could still vote in New Hampshire elections, he said. 

“For most people domicile is black and white, it’s where they live,” Scanlan said.

The New Hampshire Supreme Court has since clarified the definition of a domicile to be closer to the definition of a residency, Scanlan said. At the same time, the law still gives leeway for people whose lives are in transition or in the process of moving.

For example, a person who sold their New Hampshire house and then traveled the country in a motorhome could still claim New Hampshire as their residency, according to Scanlan, so long as they did not establish a home anywhere else.

“They do not lose their original domicile until they establish a new one,” Scanlan said.

Under the law, a person retains their New Hampshire residency until they establish a new residency. Usually, that is done by getting a new driver’s license, or putting a child in a public school in the new location, he said.

If Goodlander in 2008 did nothing to establish a new residency somewhere else in the weeks after her parents sold the Nashua home, she could still claim it as her home for voting purposes. Goodlander left New Hampshire for college, the military, and then a career in Washington, D.C.

The Republican National Congressional Committee says, “Goodlander’s residency issues and lack of local grassroots support goes to show just how little she has to do with New Hampshire as an adult.

“The voters of NH-02 deserve someone who understands their needs, not someone who pretends to be a renter while living in D.C.,” said NRCC spokeswoman Savannah Viar.

Goodlander may be hard to track down, but the campaign checks are still finding their way to her. According to the FEC reports ending in June, she outraised all of the candidates in the race with more than $1.5 million. Her Democratic primary opponent, former Executive Councilor Colin Van Ostern, raised about $1 million.

In the GOP primary, entrepreneur Vikram Mansharamani has about $352,000 cash on hand, and frequent federal candidate Lily Tang Williams has $305,000 in the bank, $80,000 of which she loaned the campaign.

And Goodlander’s house hunting may not be over, regardless of the outcome of the NH-02 election. According to The Wall Street Journal, presumptive Democratic presidential nominee Kamala Harris has already made it clear she’s going to clean house on foreign policy if she takes over from President Joe Biden.

On the list of staffers who’ll be shown the door: Goodlander’s husband Jake Sullivan.

Court Tosses Progressive Challenge to State’s New Voter Integrity Law

A New Hampshire judge tossed a lawsuit from progressive organizations challenging the state’s new “affidavit ballot” law, designed to prevent voter fraud by ensuring every voter provides ID.

As soon as Gov. Chris Sununu signed the new law, known as SB418, last year, partisan organizations like 603Forward, Open Democracy Action, the ACLU, and several progressive activists filed suit. They were represented by former Hillary Clinton campaign attorney Marc Elias, best known for his role in the now-debunked “Russia Collusion” dossier scandal.

Hillsborough Superior Court Judge Charles Temple ruled Friday none of the organizations or individuals challenging the law have a case.

Under the new law, voters who register on Election Day without state-required ID are given an affidavit ballot, which is not counted until their identity is verified. The voters are also given a packet of information, including a prepaid overnight envelope, in order to assist them in proving their identity.

Rep. Ross Berry (R-Manchester), chair of the House Election Law Committee, said the court made the right call.

“The court’s dismissal of these lawsuits is a resounding victory for common sense protections of our democratic process,” Berry told NHJournal. “Before SB418, any person could walk into any voting location on Election Day, register to vote without producing any ID or proof of residency, and be handed a ballot. This system was ripe for abuse — and we know it was abused. For example. a former Democrat poll worker voted in the morning, went to his car, put on a wig, then registered as a woman, and cast a second ballot.”

New Hampshire Democrats have long opposed voter ID requirements, and all four members of the federal delegation have voted to let the federal government override states’ voter ID laws.

The plaintiffs, including former Rep. Manny Espitia and progressive activists Dan Weeks and Louise Spencer, argued the law misuses taxpayer money, forcing the Secretary of State’s Office to pay for the information packets, envelopes, and postage. Temple rejected their argument, writing that the state spending money on stamps does not equal a significant constitutional violation.

“These minimal expenditures bear little to no relationship to the merits of the plaintiffs’ claims,” Temple wrote.

Espitia declined to comment when reached by NHJournal.

Organizations like 603Forward tried claiming SB 418 was forcing them to engage in preparing new voters to deal with the law and diverting resources and funds they would have used for other purposes. Temple, again, did not buy that argument, writing the groups failed to identify any actual constitutional rights that were being denied because of SB 418. 

Lucas Meyers with 603Forward declined to comment. 

Chris Ager, chairman of the New Hampshire GOP, applauded the ruling, saying Granite Staters who want secure elections can rest easy.

“This decision is a big step forward in the ongoing effort to ensure the integrity of New Hampshire’s elections,” Ager said. “New Hampshire Republican legislators took the lead on this very important issue. I applaud the court’s decision to further secure our elections for all who cast a ballot. The vast majority of Americans and Granite Staters want voter ID and secure elections, and that’s what New Hampshire Republicans are delivering.”

Secretary of State Dave Scanlan, whose office was a defendant in the case, tried staying above the fray when reached for comment. 

“Judge Temple’s decision is clear and speaks for itself. We have no additional comment,” Scanlan said.

The SB 418 lawsuit is open to appeals, and it is not yet known if the plaintiffs will bring their case to the state Supreme Court or if they will file a motion asking Temple to reconsider his decision first.