New Hampshire Question 2, Right to Live Free from Governmental Intrusion in Private and Personal Information Amendment (2018)

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New Hampshire Question 2
Flag of New Hampshire.png
Election date
November 6, 2018
Topic
Constitutional rights
Status
Approveda Approved
Type
Constitutional amendment		Origin
State legislature

New Hampshire Question 2, the Right to Live Free from Governmental Intrusion in Private and Personal Information Amendment, was on the ballot in New Hampshire as a legislatively referred constitutional amendment on November 6, 2018.[1] The measure was approved.

A "yes" vote supported this amendment to provide that individuals have a right to live free from governmental intrusion in private or personal information.
A "no" vote opposed this amendment to provide that individuals have a right to live free from governmental intrusion in private or personal information.
Supermajority requirement: In New Hampshire, a constitutional amendment needs a two-thirds (66.67%) vote vote of electors to be approved.

Election results

New Hampshire Question 2

Result Votes Percentage

Approved Yes

409,325 81.00%
No 96,019 19.00%
Results are officially certified.
Source

Overview

What did Question 2 add to the state constitution?

Question 2 added language to the New Hampshire Constitution stating that "An individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent."[1]

How did Question 2 get on the ballot?

Rep. Neal Kurk (R-Hillsborough 2) and Rep. Robert Cushing (D-Rockingham 21) sponsored the amendment in the New Hampshire General Court. Question 2 was introduced into the state legislature as Constitutional Amendment Concurrent Resolution 16 (CACR 16) on November 6, 2017. On February 22, 2018, the New Hampshire House of Representatives voted 235 to 96, with 37 members absent, to pass the amendment. On May 2, 2018, the New Hampshire Senate voted 15 to nine to pass CACR 16.

Text of measure

Ballot title

The ballot title was as follows:[1]

“

Are you in favor of amending the first part of the constitution by inserting after article 2-a new article to read as follows:

[Art.] 2-b. [Right to Privacy.] An individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.[2]

”

Constitutional changes

See also: Article 2 of New Hampshire Constitution

The measure added an Article 2-b to the New Hampshire Constitution. The following text was added:[1]

Article 2-b. Right to Privacy.

An individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.[2]

Readability score

See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 10, and the FRE is 44. The word count for the ballot title is 47, and the estimated reading time is 12 seconds.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Rep. Neal Kurk (R-Hillsborough 2) and Rep. Robert Cushing (D-Rockingham 21) sponsored the amendment in the New Hampshire General Court.[3]

Opposition

Opponents

  • Cornerstone Action PAC[4]

Arguments

  • Cornerstone Action PAC said, "Privacy matters. So does the right to life. Don’t let a ballot question trick you into picking

the former over the latter. If we are to have a right to privacy explicitly recognized in the New Hampshire constitution, it must be abortion neutral. Say no to Question 2."[5]

Campaign finance

See also: Campaign finance requirements for New Hampshire ballot measures
Total campaign contributions:
Support: $0.00
Opposition: $0.00

No ballot question committees registered to support or oppose the bond measure.[6]

Media editorials

Support

Ballotpedia had not identified any media editorial boards in support of the ballot measure. If you are aware of an editorial, please send an email with a link to editor@ballotpedia.org.

Opposition

  • The Kenne Sentinel: "It’s a concept we think almost anyone would find appealing. Who doesn’t want protection from government spying or the release of personal information? But the devil is in the details, and with Question 2, there are none. There’s no caveat giving police the right to a search warrant, nor protecting the public’s right to know. There’s no real way of knowing how a court would interpret the terms “essential” or “inherent.”... Voters should say no to Question 2."[7]

Background

Referred amendments on the ballot

From 1996 through 2016, the state legislature referred 9 constitutional amendments to the ballot. Voters approved three and rejected six of the referred amendments. All of the amendments were referred to the ballot for general elections during even-numbered election years. The average number of amendments appearing on the general election ballot was less than one. The approval rate of referred amendments at the ballot box was 33.3 percent during the 20-year period from 1996 through 2016. The rejection rate was 66.67 percent.

Legislatively-referred constitutional amendments, 1996-2016
Total number Approved Percent approved Defeated Percent defeated Annual average Annual median Annual minimum Annual maximum
9 3 33.33% 6 66.67% 0.41 1.00 0 2

Path to the ballot

See also: Amending the New Hampshire Constitution

In New Hampshire, a constitutional amendment must be passed by a 60 percent vote in each house of the New Hampshire General Court during one legislative session.

The constitutional amendment was introduced into the state legislature as Constitutional Amendment Concurrent Resolution 16 (CACR 16) on November 6, 2017.

On February 22, 2018, the New Hampshire House of Representatives voted 235 to 96, with 37 members absent, to pass the amendment.[3] Note: The partisan vote in the state House is not available.

On May 2, 2018, the New Hampshire Senate voted 15 to nine to pass CACR 16.[3] Note: The partisan vote in the state Senate is not available.

As the CACR 15 was approved in both chambers of the New Hampshire General Court, the measure was referred to the ballot for the election on November 6, 2018.

How to cast a vote

See also: Voting in New Hampshire

Poll times

In New Hampshire, polling place hours of operation vary. According to state law, polling places must be open between 11:00 a.m. and 7:00 p.m. Eastern Time. Localities may set their own polling hours as long as they are open during those hours prescribed by state law.[8] Anyone in line when the polls close must be allowed to vote.[9] To search for the hours your polling place is open, click here.

Registration requirements

Check your voter registration status here.

To register to vote in New Hampshire, each applicant must provide documentary proof of United States citizenship, be a resident of New Hampshire, and be at least 18 years old by the next election. Individuals may register to vote at the local clerk's office, with the community's supervisors of the checklist or registrar of voters, or at the polling place on the day of the election.[10][11] Absentee registration is allowed for those who meet the following criteria:

“

You may register to vote by absentee (by mail) if one of the following is true:

  • You will be absent from the town or city on the dates/times when the Supervisors of the Checklist meet to receive voter registration applications;
    • Absence includes an employment obligation that prevents you from attending a session of the supervisors. The term “employment” includes the care of children and infirm adults, with or without compensation.
  • You are unable to register in person due to a physical disability; or
  • You are confined to a penal institution for a misdemeanor or while awaiting trial but otherwise qualified.[2]
 ”

Absentee registration requires mailing a voter registration form and a witnessed absentee voter registration affidavit to the local clerk. Absentee registrants must still provide proof of citizenship and age unless they were previously or currently registered to vote.[10][12]

Automatic registration

See also: Automatic voter registration

New Hampshire does not practice automatic voter registration.[13]

Online registration

See also: Online voter registration

New Hampshire does not permit online voter registration.

Same-day registration

See also: Same-day voter registration

New Hampshire allows same-day voter registration.[10]

Residency requirements

In New Hampshire, citizens can register to vote the day they move to the state.[10]

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

New Hampshire requires voters to provide proof of citizenship when registering to vote. Gov. Chris Sununu (R) signed HB 1569 into law on September 17, 2024. The legislation required voter registration applicants to provide one of the following at the time of registration:[14]

  • A birth certificate,
  • A passport,
  • Naturalization papers if the applicant is a naturalized citizen, or
  • Any other reasonable documentation which indicates the applicant is a United States citizen.[15]

Voters moving to a different town or city do not need to provide proof of citizenship if the clerk "confirms through the centralized voter registration database ... or other official records that the applicant was previously or is currently registered to vote in New Hampshire."[14]

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[16] Eight states — Alabama, Arizona, Kansas, Louisiana, New Hampshire, South Dakota, Utah, and Wyoming — have laws requiring individuals provide proof of citizenship at the time of voter registration, whether in effect or not. Two states, Georgia and Mississippi, require a person provide proof of citizenship if their citizenship status cannot be verified by other means. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The New Hampshire Secretary of State’s office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

New Hampshire requires voters to present photo identification while voting.[17]

The following list of accepted ID was current as of December 2025. Click here for the New Hampshire Secretary of State page on accepted ID to ensure you have the most current information.

“
  • Driver’s license issued by any state or federal government;
  • Non-driver ID card issued by NH DMV or motor vehicle agency of another state;
  • Photo ID card for “voting identification only” issued by NH DMV;
  • United States armed services identification card;
  • United States passport or passcard;
  • NH student ID card (Dated within the past 5 years. Must be from a school on the approval list provided to the Secretary of State each year by the Department of Education.)[2]
 ”

To view New Hampshire law pertaining to voter identification, click here.

Additionally, a moderator or other election official may verify the voter’s identity.[17]

A voter may obtain a free photo ID for voting purposes by presenting a voucher from their local clerk or the New Hampshire Secretary of State to any New Hampshire Department of Motor Vehicles office that issues identification.[17]


See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 New Hampshire General Court, "Constitutional Amendment Concurrent Resolution 16," accessed February 23, 2018
  2. ↑ 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  3. ↑ 3.0 3.1 3.2 New Hampshire General Court, "CACR 16 Overview," accessed February 23, 2018
  4. ↑ Cornerstone Action PAC, "Home," accessed November 15, 2018
  5. ↑ Cornerstone Action PAC, "Cornerstone Advises 'No' on Question 2," accessed November 15, 2018
  6. ↑ New Hampshire Secretary of State, "Campaign Finance," accessed September 16, 2018
  7. ↑ The Kenne Sentinel, "Ballot questions: Voters should say 'yes' to Question 1, 'no' to Question 2," October 28, 2018
  8. ↑ New Hampshire General Court, "N.H. Rev. Stat. Ann. § 659:4," accessed December 10, 2025
  9. ↑ New Hampshire Bulletin, "What to expect on Election Day in New Hampshire," November 4, 2024
  10. ↑ 10.0 10.1 10.2 10.3 New Hampshire Secretary of State, “How to Register to Vote,” accessed December 10, 2025
  11. ↑ New Hampshire Secretary of State, “Register to Vote,” accessed December 10, 2025
  12. ↑ New Hampshire Secretary of State, "Absentee Voter Registration," accessed December 10, 2025
  13. ↑ National Conference of State Legislatures, "Automatic Voter Registration," accessed December 10, 2025
  14. ↑ 14.0 14.1 "N.H. Rev. Stat. Ann. § 654:12," accessed March 16, 2026
  15. ↑ General Court of New Hampshire, "CHAPTER 378 HB 1569-FN - FINAL VERSION," accessed January 27, 2026
  16. ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  17. ↑ 17.0 17.1 17.2 State of New Hampshire, "Voter ID Law Explanatory Document," accessed December 10, 2025
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