With just over five weeks to go before the presidential election, Secretary of State William Gardner says he’ll wait until Monday to decide whether to fully implement a court order he says misinterprets the state’s voter registration requirements.

“In the end, I’m going to do what I believe is right, and I’ll make that decision then,’’ said Gardner. “We do have the rule of law, and we do have our conscience.’’

Last week, Strafford County Superior Court Judge John M. Lewis ordered Gardner’s office to strike the following language from new state voter registration forms that were distributed in August:

“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.”

The Attorney General’s Office on Friday asked the state Supreme Court to intervene in the case and stay Lewis’ order. It also asked Lewis to reconsider his order.

According to Gardner, the same language appeared on such forms in New Hampshire from 2003 to 2007, when lawmakers voted to remove it; the Legislature reinstated the sentence this year. “It may be a new law, but it’s not a new policy,” Gardner said Friday.

“The whole idea of this form is to at least put enough information there to help people understand what it means when you say you are establishing a new domicile,” he explained.

And he said that’s especially important in a “battleground” state like New Hampshire, where voting could affect the outcome of the upcoming election.

However, in the court case filed on behalf of four out-of-state students, Judge Lewis ruled that the state had offered “no compelling justification for this paragraph,” which he said “presents an inaccurate expression of the law” and “has a clear harmful effect on the exercise of voting rights and education....”

The judge directed Gardner’s office to strike that paragraph from voter registration forms.

Lewis also directed the Secretary of State’s Office to add a statement by Monday to its website indicating that out-of-state students attending school in New Hampshire “do not, as a consequence of choosing to vote in New Hampshire, have to obtain a New Hampshire driver’s license or register their car in New Hampshire.”

Late Friday afternoon, Gardner’s office did notify all municipal clerks that they should start using a revised version of the state’s voter registration form — one that removes the controversial sentence — according to Patricia Piecuch, president of New Hampshire City and Town Clerks Association.

But Gardner said he’ll wait until Monday to decide whether to post the other statement.

Gardner, who is a national figure because of his ferocious defense of the New Hampshire presidential primary, said “it’s not easy” to contemplate posting a statement he believes is inaccurate.

“We’ve had the struggle of balancing the access to voting with the integrity of the process, and it’s a delicate balancing act,” he said.

It’s not just about college students, Gardner said; many campaign workers move here for the duration of the election season with no intention of remaining. Some people move here for temporary jobs or to work for agencies such as AmeriCorps.

“This applies to everyone voting,” he said. “The goal is that voting laws apply equally to everyone.”

Someone can have multiple residences but only one domicile, Gardner said. “That’s the place where you vote; that’s the place where you become subject to the laws of that place,” he said.

By signing the voter registration form declaring New Hampshire as your domicile, Gardner said, “You say this is your home now, you’re a New Hampshire person, and when you say that, you assume the responsibilities that go with the rights that you’re given here.”

Gardner says he’s troubled by the prospect of adding to his website the section saying college students don’t have to get driver’s licenses or register their vehicles here.

“In a free society like this, we all share the responsibilities of self-governing. And if you’re going to pick those who are going to make the decisions, shouldn’t you have some stake in those decisions?” Gardner asked. “Or should you be able to pick those people, knowing you’re getting the heck out?”

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Shawne Wickham may be reached at swickham@unionleader.com.