The New Hampshire Supreme Court [official website] found [opinion, PDF] Wednesday that a proposed bill redefining the definition of residency in New Hampshire is constitutional under both the state and US Constitutions despite the fact that it would require those who declare themselves residents in order to vote to abide by other requirements of residency such as obtaining a New Hampshire driver’s license if they drive.

After receiving a request from the governor for an advisory opinion on the matter, three of the court’s justices noted that, “HB 1264 [text] is narrowly drawn to advance the compelling government interest that voters are full members of the electoral community.” The other two justices on the court did not reach the same conclusion as their colleagues. They said that they were unable to answer the governor’s questions because they don’t have a “developed factual record” of the bill’s effects because it is only proposed legislation.

This bill is not yet law, and the governor retains the ability to sign or veto the bill until Tuesday when the bill would automatically become law if he takes no action.