New election data from New Hampshire is raising new conservative claims of voter fraud. In a Breitbart column, Kansas Secretary of State Kris Kobach, who’s leading President Donald Trump’s “election integrity” commission, argued that “facts have come to light that indicate that a pivotal, close election was likely changed through voter fraud” in New Hampshire.

But these claims are based on a major factual error that misrepresents state election law.

As New Hampshire Public Radio reported, the data shows more than 5,000 people who voted in the 2016 election registered to vote on Election Day with out-of-state IDs and did not get in-state IDs or register a vehicle in the state in the months after. According to Kobach, this is proof of voter fraud because, he claims, under New Hampshire law “a new resident has 60 days to obtain a New Hampshire driver’s license.” Since these people didn’t obtain in-state IDs, the claim goes, they weren’t residents; they were people showing up from outside the state on Election Day to vote illegally.

If true, that would suggest that voter fraud may have played a big role in the elections last year in New Hampshire, where Democrat Maggie Hassan beat Republican Kelly Ayotte by 1,017 votes in the Senate race and Hillary Clinton beat Trump by 2,736 votes in the presidential race.

But Kobach is misinterpreting New Hampshire law. The state doesn’t necessarily require that someone become an official resident to register to vote. And, in fact, students — who make up majority of these voters with out-of-state IDs — are placed in a different category (“domiciled”) since they don’t plan to stay in the state long-term but do spend most of their time in New Hampshire while they’re in school. This category lets them vote without ever obtaining an in-state ID.

ProPublica reporter Jessica Huseman explained in a series of tweets:

1/10 Theres been off-base reporting frm Fox, Washington Times & Kobach in Breitbart on those w out-of-state licenses voting in New Hampshire — Jessica Huseman (@JessicaHuseman) September 8, 2017

2/ Much in the stories is misleading, but lets focus on 1 crucial *factual* error: Each says NH requires residents to get in-state DLs.False pic.twitter.com/vWrAp5bht0 — Jessica Huseman (@JessicaHuseman) September 8, 2017

3/That's important—each article relies on the idea that voters are breaking the law by not applying for an in-state license. — Jessica Huseman (@JessicaHuseman) September 8, 2017

4/ But in NH law, there is a distinction between "residents" and those who are "domiciled" in the state. — Jessica Huseman (@JessicaHuseman) September 8, 2017

5/ "residents" plan to live in NH permanently. Those "domiciled" do not, but do presently live in NH for most of their time. — Jessica Huseman (@JessicaHuseman) September 8, 2017

6/ NH "residents" must get an in-state DL. Those "domiciled" don't have to, but by law can vote in the state. — Jessica Huseman (@JessicaHuseman) September 8, 2017

7/ So this, written by Kobach in Breitbart, is flat wrong. pic.twitter.com/dmrD0qIYOt — Jessica Huseman (@JessicaHuseman) September 8, 2017

8/ Before penning this op-ed, Kobach could have read this 2015 NH court decision, spelling out this difference. https://t.co/CxQn3TJV8J pic.twitter.com/2g4HeH3149 — Jessica Huseman (@JessicaHuseman) September 8, 2017

9/ As has been established by correct reporting, most of those who cast votes w out-of-state licenses were students. https://t.co/UieghQACa7 — Jessica Huseman (@JessicaHuseman) September 8, 2017

10/ Students aren't "residents" are are thus NOT ACTUALLY REQUIRED to get a license in the state. — Jessica Huseman (@JessicaHuseman) September 8, 2017

11/ I spoke this AM to Andrew Smith, a prof at U of NH, who is testifying at the voter fraud commission meeting being held in NH next week. — Jessica Huseman (@JessicaHuseman) September 8, 2017

12/ He told me Kobach misinterpreted the law, and he'd say as much if asked in the meeting Kobach will be chairing. — Jessica Huseman (@JessicaHuseman) September 8, 2017

13/13 (sorry went past 10) I've put in a request for comment w Kobach's office. I'll let you know if I hear back. — Jessica Huseman (@JessicaHuseman) September 8, 2017

Good add from an attny involved in the case cited above: If you intend to leave NH, you can't even get a license. https://t.co/dbx03HTv76 — Jessica Huseman (@JessicaHuseman) September 8, 2017

In short, the claim that this new data is proof of voter fraud rests on a factual error and misinterpretation of New Hampshire law. Given that research studies have found time and time again that voter fraud is extremely rare to nonexistent, conservative media and Kobach’s claims simply don’t hold up to scrutiny.

For more on voter fraud and Trump’s “election integrity” commission, read Vox’s explainer.