CONCORD — Two citizen advocacy groups have filed a suit against the state over a new law they say prevents out-of-state students from voting in New Hampshire unless they establish legal residency here.

The New Hampshire chapters of the League of Women Voters and the American Civil Liberties Union filed a petition Wednesday in Strafford County Superior Court on behalf of four students – Hannah Rivers of Durham (a student at UNH), Megan Arsenault of Manchester (a student at Southern New Hampshire University), Ariel DeLaura of Keene (a student at Keene State College) and Taylor Pacheco of Dover (a UNH student).

All four students carry out-of-state driver's licenses and state in an affidavit they intend to leave the state upon graduation from college.

All four also claim their constitutional right to vote is “currently being chilled” due to a conflict between the wording in the amended voter registration form and the terms of statutes used to define the words “domicile” and “residency.”

“We believe the law is a deliberate attempt to keep college students who have a Constitutional right to vote while they attend school in New Hampshire from exercising that right,” said Joan Flood Ashwell, an election law specialist for the New Hampshire chapter of the League of Women Voters, in a prepared statement.

“The duty of a democracy is to enable and encourage citizens to register and to vote,” said Claire Ebel, executive director of the New Hampshire Civil Liberties Union. “This law is an insult to every New Hampshire citizen.”

The petition, filed Wednesday in Strafford County Superior Court, seeks declaratory judgment and injunctive relief from the law, in time for the November general election.

The law, originally filed as Senate Bill 318, requires people registering to vote to sign a statement on the voter registration form saying, “In declaring New Hampshire as my domicile, I am subject to the laws of the state of New Hampshire which apply to all residents, including laws requiring a driver to register a motor vehicle and apply for a New Hampshire driver's license within 60 days of becoming a resident.”

In the past, students were permitted to vote in New Hampshire while maintaining residency in other states. SB 318 switched back voter registration regulations to pre-2007 language, stating that only “domiciled” New Hampshire citizens are allowed to vote in elections in the state.

The bill was vetoed by Gov. John Lynch in June. In his veto statement, Lynch wrote, “Persons who are 18 and older who attend college in New Hampshire should be able to vote regardless of where they drive or have a license. This provision is overly broad and will effectively require resident seniors, as well as retirees and young persons coming from out of state, to register a car and apply for a New Hampshire license in order to vote. There is no compelling state interest for this requirement.”

The Senate overrode the veto, 18 to 5, last June, with the House voting 232 to 110 to override.

“The language and content of both SB 318 and the voter ID law was reviewed by the Department of Justice, just as all our voter laws are,” said Sen. Sharon Carson, R-Londonderry, the prime sponsor of SB 318. “If there was a problem with the law, it would have been brought up by the department. All we did was revert the law back to the language we had in place from 1979 to 2007. If there was something wrong with the law, why were there no lawsuits brought forth then? And there weren't any then.”

Opponents say the law is a direct attempt to prevent college students from voting because it refers to the words “domicile” and “residence” as having the same meaning, while they argue the terms have different legal definitions.

Ebel said the new law violates the state' constitution.

“The voter registration law that we challenged today violates equal protection,” said Ebel. “Every out-of-state student who attends school in New Hampshire has the constitutional right to register and to vote in New Hampshire. In 1972, the U.S. Supreme Court struck down a decision where a Dartmouth student who was a resident of Hawaii wasn't allowed to vote in Hanover. This law treats students differently, based solely on their decision to register and vote in New Hampshire.”

“State law requires citizens to register to vote in the town or ward where they are domiciled, and the law specifically says that students may claim domicile and register to vote while they attend school. They meet the definition of being domiciled even if they intend to leave after they graduate,” said Ashwell.

“Motor vehicle laws are based on the state's definition of residence,” she said, “which requires an intention to stay indefinitely, the opposite of the definition of domicile. That's why students who are domiciled in New Hampshire but who intend to leave at a certain time do not have to register their cars. The Legislature did not change the definition of domicile when the registration form was changed, so some people, students for instance, are being asked to sign a statement that is incorrect and misleading about their responsibilities. That's why we are asking the court to block enforcement of the law.”

Ebel said the petition is scheduled for a hearing at 2 p.m. on Sept. 19 in Strafford County Superior Court.

“The court understands this is an issue that has to be expedited,” said Ebel.

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Paul Feely may be reached at pfeely@unionleader.com.pfeely@unionleader.com