Bill Text: NH HB1542 | 2022 | Regular Session | Introduced
Bill Title: Relative to documentation required to prove a voter's eligibility to vote.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2022-03-09 - Committee Report: Inexpedient to Legislate (Vote 20-0; Consent Calendar) [HB1542 Detail]
Download: New_Hampshire-2022-HB1542-Introduced.html
HB 1542-FN - AS INTRODUCED
2022 SESSION
22-2752
11/05
HOUSE BILL 1542-FN
AN ACT relative to documentation required to prove a voter's eligibility to vote.
SPONSORS: Rep. Abramson, Rock. 37; Rep. Ankarberg, Straf. 10
COMMITTEE: Election Law
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ANALYSIS
This bill requires voters to show certain documentation in order to cast a vote.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2752
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to documentation required to prove a voter's eligibility to vote.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Election Procedure; Obtaining a Ballot. Amend RSA 659:13, I(c) to read as follows:
(c)(1) If the voter does not have a valid photo identification, the ballot clerk shall inform the voter that he or she may [execute] cast a [challenged voter affidavit] provisional ballot in accordance with RSA 659:23-a. The voter shall receive an explanatory document prepared by the secretary of state explaining the proof of identity requirements. If the voter [executes] casts a [challenged voter affidavit] provisional ballot, the ballot clerk shall mark the checklist in accordance with uniform procedures developed by the secretary of state.
(2) If the voter [executes] casts a [challenged voter affidavit] provisional ballot, the moderator or the moderator's designee shall take a photograph of the voter and [immediately print and attach the photograph to, and thus make it a part of, the affidavit form. However, if a photograph was taken under RSA 654:12, then a notation shall be made on the challenged voter affidavit stating that the photograph is attached to the qualified voter affidavit or sworn statement on the general election day registration form] retain such photograph for later verification. The photograph shall be 2 inches by 2 inches, or larger, and may be in color or in black and white. [The moderator or his or her designee who took the photograph and the voter shall then sign the challenged voter affidavit.] The moderator or designee shall delete the photograph from the camera in the presence of the voter. If the moderator or his or her designee is unable to take the voter's photograph due to equipment failure or other cause beyond the moderator's or his or her designee's reasonable control, the voter may [execute] cast a [challenged voter affidavit] provisional ballot without a photograph.
(3) If the voter objects to the photograph requirement because of religious beliefs, he or she may execute an affidavit of religious exemption in accordance with RSA 659:13-b, which shall be attested to by an election officer and [attached to the challenged voter affidavit] retained by the moderator.
(4) The person entering voter information into the centralized voter registration database shall cause the records to indicate when a voter has not presented a valid photo identification and has [executed] cast a [challenged voter affidavit] provisional ballot.
2 Election Procedure; Obtaining a Ballot. Amend RSA 659:13, II(b) to read as follows:
(b) In addition to the forms of photo identification authorized in subparagraph (a), the identification requirements of paragraph I may be satisfied by verification of the person's identity by a moderator or supervisor of the checklist or the clerk of a town, ward, or city, provided that if any person authorized to challenge a voter under RSA 659:27 objects to such verification, identifies the reason for the objection in writing, and states the specific source of the information or personal knowledge upon which the challenge of the photo identification is based, the voter shall be required to [execute] cast a [challenged voter affidavit] provisional ballot as if no verification was made.
3 Obtaining a Ballot. Amend RSA 659:13, IV to read as follows:
IV.(a) The secretary of state shall cause a letter of identity verification to be mailed by first class mail to each voter who executed [a challenged voter affidavit or] an affidavit of religious exemption in accordance with paragraph I, unless the same person is sent letter of identity verification pursuant to RSA 654:12, V(b). The letter shall be mailed by January 10 in every odd-numbered year in the case of persons executing [challenged voter affidavits or] affidavits of religious exemption at a state primary or general election, or within 90 days after any other election. The secretary of state shall mark the envelope with instructions to the United States Post Office not to forward the letter and to provide address correction information. The letter shall notify the person that a person who did not present valid photo identification voted using his or her name and address and instruct the person to return the letter within 30 days with a written confirmation that the person voted or to contact the attorney general immediately if he or she did not vote. The letter shall also inform the person of the procedure for obtaining a free nondriver's picture identification card for voting purposes.
(b) The secretary of state shall conduct an inquiry regarding any letters mailed pursuant to subparagraph (a) that are returned as undeliverable by the United States Post Office and of voters who were mailed letters under subparagraph (a) and have not responded to the secretary of state. The inquiry may include consulting with, and examining public records held by, municipal officials, which contain information relevant to a person's qualifications to vote in New Hampshire, and interviewing persons living at the address listed on the letters. After such inquiry, the secretary of state shall prepare and forward to the attorney general for investigation a list of those people whose identity or eligibility to vote could not be confirmed. The attorney general shall cause an investigation to be made to determine whether fraudulent voting occurred.
(c) Within 60 days after any election held after November 1, 2012, the secretary of state shall compile a report by voting district of the number of voters who registered or voted on election day but did not present valid photo identification, and forward the report to the speaker of the house of representatives, the president of the senate, and the chairpersons of the appropriate house and senate standing committees with jurisdiction over election law.
4 Verification of In-Person Absentee Voter. Amend RSA 657:17-a to read as follows:
657:17-a Verification of In-Person Absentee Voter.
I. An absentee voter who returns his or her completed absentee ballot to the clerk's office in person shall be treated as a verified voter provided:
(a) The voter voluntarily shows the clerk a photo identification that meets the requirements of RSA 659:13; or
(b) The voter voluntarily [completes a challenged voter affidavit] casts a provisional ballot in the same manner as is required for an election day voter who does not present a qualified voter identification.
II. The clerk shall mark the absentee ballot affidavit enveloped "voter verified" and note on the clerk's list of absentee voters that the voter has been verified. The verified voter's signatures on the application for an absentee ballot shall not be compared to the voter's signature on the absentee ballot affidavit on election day.
III. A voter who does not present a qualified photo identification and who does not [complete a challenged voter affidavit] cast a provisional ballot shall not be treated as a verified voter, and his or her signatures on the application for an absentee ballot shall be compared to his or her signature on the absentee ballot affidavit on election day in the same manner as other absentee voters.
5 Election Procedure; Wrongful Voting; Penalties for Voter Fraud. Amend RSA 659:34, I(a) to read as follows:
(a) When registering to vote; when obtaining an official ballot; when casting a vote by official ballot; or when applying for a photo identification card for voting purposes, purposely or knowingly makes a false material statement regarding his or her qualifications as a voter to an election officer or submits a voter registration form, an election day registration affidavit, a qualified voter affidavit, [a challenged voter affidavit,] an affidavit of religious exemption, an identification card voucher, or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter;
6 New Section; Election Procedure; Provisional Ballot. Amend RSA 659 by inserting after section 23 the following new section:
659:23-a Provisional Ballot for Voters without Proof of Identity.
I. If a voter does not present proof of identity in accordance with RSA 659:13, I(b), such voter shall be permitted to cast a provisional ballot. The provisions of RSA 659:15 through RSA 659:22 shall apply to any voter casting a ballot in accordance with this section.
II. Such voter shall be provided a unique sticker with barcode to place on the ballot, as well as a receipt containing a matching barcode. The voter shall retain the receipt.
III. The moderator, upon receiving a provisional ballot, shall place such ballot in a separate storage location with other provisional ballots until such time as the voter returns with documentation complying with RSA 659:13, II(a).
IV. After casting a provisional ballot pursuant to paragraph III, and before all votes have been counted, a voter casting a provisional ballot shall return to the polling place where such ballot was cast to provide documentation complying with RSA 659:13, II(a). If such voter provides sufficient documentation to complete registration, the moderator shall match the receipt provided by the voter with the provisional ballot cast by such voter by comparing barcode identification, and shall then count such voter's provisional ballot. If such a voter does not return to provide sufficient documentation before the moderator has concluded counting the votes, such provisional ballot shall not be counted.
7 Effective Date. This act shall take effect January 1, 2023.
22-2752
Redraft 12/6/21
HB 1542-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to documentation required to prove a voter's eligibility to vote.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill requires the use of provisional ballots for voters who do not present valid identification. The Department of State indicates the fiscal impact of this bill will be an indeterminable increase to State General Fund expenditures. The Department states they will need to design and print provisional ballots as well as have instructions on how to vote using a provisional ballot and on taking photographs of provisional voters. The Department also indicates extensive training of local election officials and voter education will be necessary.
The New Hampshire Municipal Association states this has no fiscal impact on local revenues or expenditures.
AGENCIES CONTACTED:
Department of State and New Hampshire Municipal Association
