Although turnout was higher than expected, the state primary demonstrated confusion and controversy over New Hampshire’s new voting laws.

Nearly 200,000 voters cast ballots in the state primary on Sept. 11. That’s a lot more than the 168,000 Secretary of State William Gardner had predicted, but it still represents only about 25 percent of registered voters in the state. 

Many of those who cast ballots in the primary did not present photo identification at the polls. Under the state’s new voter ID law, the primary was the last election at which voters were not required to show ID. During the general election on Nov. 6, voters must either present an ID or sign a qualified voter affidavit confirming their identity.

The primary served as a trial run, of sorts, for the new law. Poll workers were instructed to ask voters whether they brought an ID. If they did not, they were still permitted to vote, but were advised that the new law would be in effect in November.

According to reports from around the state, there was some confusion about the voter ID law among both voters and election officials. Some poll workers mistakenly told voters they had to show ID in order to vote in the primary. And some communities posted signs or sent out mailers instructing voters to bring ID to the polls.

The secretary of state’s office will spend the next six weeks trying to identify problem areas and educate voters about the new voter ID law.

Meanwhile, the state is facing a lawsuit over changes made to voter registration forms this year. It all amounts to significant confusion and controversy over new reforms that, according to opponents, were not needed to begin with.

As of late last week, the secretary of state’s office was still tallying the total number of voters who did not present ID at the primaries. Deputy Secretary of State David Scanlan said the numbers varied across the state.

“Just at a glance, there’s a fairly wide range of how many people presented an ID or not,” Scanlan said. “Some (poll workers) reported everybody did, and others it might have been as high as 15 percent did not.”

In Portsmouth, a total of 3,318 ballots were cast, representing almost 24 percent of the city’s 14,028 registered voters. According to the city clerk’s office, 353 voters did not present ID—nearly 11 percent of those who voted.

In Rye, 1,247 ballots were cast, representing 29 percent of registered voters. As of about 5:30 p.m. on primary day, an hour and a half before the polls closed, more than 60 voters had failed to show an ID, according to town moderator Rob Eaton. The reasons varied. Some people lacked a valid ID, others had left their ID at home, and still others refused to show an ID in order to protest the new law, Eaton said. 

In Newmarket, 1,511 ballots were cast, representing 25 percent of registered voters. Town clerk Becky Benvenuti said 60 people did not show IDs, many of whom refused out of protest.

“There were very few people that said, ‘Oh shoot, I forgot my wallet.’ There were more that wanted to register their displeasure with the new law,” Benvenuti said.

Newmarket faced scrutiny for posting electronic signs at either end of town with the words “new law, bring photo ID,” a week before the primary. Some residents complained to state officials, saying the signs were misleading since ID was not required at the primary. The attorney general’s office asked the town to take down the signs, and they were removed on the morning of Sept. 10, Benvenuti said.

But, according to Benvenuti, the secretary of state’s office was more concerned about towns that posted signs using the phrase, “photo ID required.” She said most voters who commented on the signs in Newmarket were supportive.

“I received many more positive comments at the elections, thanking us for the signs and saying they appreciated being informed, than I did negative.”

She said the town was simply trying to inform voters about the new law without misleading them about the rules.

“We did the best we could,” she said.

Scanlan confirmed his office received reports of several towns that used inaccurate signs or mailings to inform people about the law.

“We became aware of it, and as soon as we did we issued a memo to the local election officials that just cautioned them on the wording they used.”

He said the office also received some reports from around the state of poll workers who incorrectly told voters they were required to show ID at the primary.

“We are going to look into it and kind of take a look at where the problem areas seem to be around the state,” he said.

The voter ID law passed the Republican-led New Hampshire Legislature earlier this year and withstood a veto from Gov. John Lynch. Beginning with the general election on Nov. 6, voters will be required to show a photo ID or else sign a qualified voter affidavit verifying their identity.

The law becomes more stringent in September 2013, when only five forms of identification will be acceptable: a driver’s license, a non-driver ID card, a passport, an armed services ID card, or a state voter ID card. Also at that time, those who do not have ID will have their photo taken to accompany the affidavit.

Supporters say the law is aimed at preventing voter fraud, but opponents note that voter fraud has never been a problem in New Hampshire, and the law could deter some eligible voters who do not have proper identification.

Opponents have also raised objections to a new law that amends the language on voter registration forms. The bill, which also survived a veto from Lynch, requires voters to sign a form acknowledging that they are subject to state laws, “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 League of Women Voters of New Hampshire and the New Hampshire Civil Liberties Union recently filed a lawsuit in Strafford County Superior Court asking it to block enforcement of the law. They contest the notion that people domiciled in New Hampshire must register their vehicles here or obtain a state driver’s license in order to vote. They worry the law will disenfranchise out-of-state college students who are domiciled here for school but might leave when they graduate.

“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 in the fall elections,” said Joan Flood Ashwell, an election law specialist for the League of Women Voters, in a statement.

The plaintiffs say the law is especially onerous for low-income students who lack the money to register a car here or pay for a state driver’s license.

“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.”