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New Hampshire HouseSB 268

permitting classification of individuals based on biological sex under certain limited circumstances.

Passed 185–159Party-line

What it does: On the version voted Aug 19, 2026: Provides that classifying people by biological sex (male or female) is not unlawful sex or gender-identity discrimination, by public or private entities, in multi-user restrooms and locker rooms, sports where strength, speed or endurance favors males, and prisons and involuntary-commitment facilities; separation is not required. (AI-written summary of the bill; the official record shows the exact version voted)

Question before the chamber: OTP (Ought to Pass)

Read the official record ↗

The tally

Yes 185 · No 159 · Not voting 50

Bar: green = yes, brown = no, striped = not voting.

Votes by party
PartyYesNoNot voting
Democrats115620
Republicans183230
Other or unknown party110

Most Democrats voted no; most Republicans voted yes. 3 members voted against their party’s majority.

Voted against their party’s majority

The full roll (394)

Yes 185

No 159

Not voting 50

“Not voting” is a recorded non-vote, not a reason for the absence. Parties come from public rosters; how we count.