Bill Text: NH HB466 | 2013 | Regular Session | Introduced


Bill Title: Relative to determining qualifications of voters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-11-22 - Committee Report: Ought to Pass with Amendment #2013-2222h for Jan 8 (Vote 17-0; Consent Calendar) [HB466 Detail]

Download: New_Hampshire-2013-HB466-Introduced.html

HB 466-FN – AS INTRODUCED

2013 SESSION

13-0801

03/10

HOUSE BILL 466-FN

AN ACT relative to determining qualifications of voters.

SPONSORS: Rep. Long, Hills 42

COMMITTEE: Election Law

ANALYSIS

This bill eliminates the qualified voter and domicile affidavits and permits voters to prove qualifications by swearing to a statement on the voter registration form.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0801

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to determining qualifications of voters.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Voter Registration Form. Amend RSA 654:7, III-IV to read as follows:

III. If an applicant is unable to provide the proof of qualifications as required in RSA 654:12, he or she may register by completing the [necessary affidavits, pursuant to RSA654:12, and completing the] form in paragraph IV under oath, which oath may be witnessed by an election official or any other person authorized by law to administer oaths, including, but not limited to, any justice of the peace or notary public. Should the applicant not otherwise have proof of identity and therefore be relying upon the form for proof of identity, the act of swearing to the form shall constitute sufficient proof of identity for the purposes of any person administering the oath, notwithstanding any language to the contrary in any laws relating to the administering of oaths for other purposes.

IV. A standard registration application form shall be used throughout the state. The registration form shall be no larger than 8 1/2 inches by 11 inches. The secretary of state shall prescribe the form of the voter registration form, which shall be in substantially the following form:

Date _________________

VOTER REGISTRATION FORM

(Please print or type)

1. Name ____________________________________________________________________

Last (suffix) First Full Middle Name

2. Domicile Address __________________________________________________________

Street [Ward Number]

_____________________________________________________________________________

Town or City Zip Code

3. Mailing Address if different than in 2 ________________________________________

Street [Ward Number]

______________________________________________________________________________

Town or City Zip Code

4. Place and Date of Birth ______________________________________________________

[Town or City State

Date____________________]

5. If a naturalized citizen, give name of court where and date when naturalized _______________________________________________________________________________

6. Place last registered to vote __________________________________________________

Street Ward Number

7. Name under which previously registered, if different from above

_______________________________________________________________________________

8. Party Affiliation (if any) ______________________________________________________

9. Driver’s License Number __________________________State ______________________

If you do not have a valid driver’s license, provide the last four digits of your social security number ___ ___ ____

My name is ____________________. I am today registering to vote in the city/town of ____________________, New Hampshire.

I understand that to vote in this city/town, I must be at least 18 years of age, I must be a UnitedStates citizen, and I must be domiciled in this city/town.

I understand that a person can claim only one state and one city/town as his or her domicile at a time. A domicile is that place, to which upon temporary absence, a person has the intention of returning. By registering or voting today, I am acknowledging that I am not domiciled or voting in any other state or any other city/town.

[In declaring New Hampshire as my domicile, I am subject to the laws of the state of New Hampshire which apply to all residents, including laws requiring a driver to register a motor vehicle and apply for a New Hampshire’s driver’s license within 60 days of becoming a resident.]

In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.

If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a supervisor of the checklist is available to address my questions or concerns.

I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town, and, if registering on election day, that I have not voted and will not vote at any other polling place this election.

____________________ ___________________________________________________

Date Signature

If this form is used in place of proof of identity, age, citizenship, or domicile, I hereby swear that such information is true and accurate to the best of my knowledge.

______________________________________

Applicant

This form was executed for purposes of proving (check all that apply):

[ ] Identity

[ ] Citizenship

[ ] Age

[ ] Domicile

________________________________

Notary Public/Justice of the Peace/Official Authorized by RSA 659:30

In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.

2 Determining Qualifications of Applicant. Amend RSA 654:12, I(a)-(c) to read as follows:

(a) CITIZENSHIP. The supervisors of the checklist, or the town or city clerk, shall accept from the applicant any one of the following as proof of citizenship: the applicant’s birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, [a qualified voter affidavit,] sworn statement on the voter registration form, or any other reasonable documentation which indicates the applicant is a United States citizen. [The qualified voter affidavit shall be in the following form, and shall be retained in accordance with RSA 33-A:3-a:

Date: ____________________

QUALIFIED VOTER AFFIDAVIT (Identity, Citizenship, Age)

Name: ____________________

Name at birth if different: ____________________

Place of birth: ____________________

Date of birth: __________

Date and Place of Naturalization: ____________________

Domicile Address: __________________________________

Mailing Address (if different): __________________________________

I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am not in possession of some or all of the documents necessary to prove my identity, citizenship, and age and that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), that I am a United States citizen, that I am at least 18 years of age as of this date or will be at the next election, and that to the best of my knowledge and belief the information above is true and correct.

________________________

(Signature of applicant)

In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.

On the date shown above, before me, ____________________ (print name of notary public, justice of the peace, election officer), appeared ____________________ (print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.

This affidavit was executed for purposes of proving (check all that apply):

Identity

Citizenship

Age

________________________________

Notary Public/Justice of the Peace/Official Authorized by RSA 659:30]

(b) AGE. Any reasonable documentation indicating the applicant will be 18 years of age or older at the next election, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, a [qualified voter affidavit, which shall be retained in accordance with RSA 33-A:3-a] sworn statement on the voter registration form.

(c) DOMICILE. Any reasonable documentation which indicates that the applicant has a domicile and intends to maintain a domicile, as defined in this chapter, in the town, city, or ward in which he or she desires to vote, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, [an affidavit in the following form, which shall be retained in accordance with RSA 33-A:3-a:

DOMICILE AFFIDAVIT

Date: ______________

Name: ______________________________________

Current Domicile Address: _________________________________________________

Street Ward Number

__________________________________________________

Town or City Zip Code

Current Mailing Address (if different): _______________________________________

Street Ward Number

__________________________________________

Town or City Zip Code

Date when current domicile was established: Month: ____ Year: ____

Place and date of birth: ____________________

Address of last previous domicile: ____________________

Street Ward Number

____________________

Town or City Zip Code

I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am not currently in possession of necessary documents to prove my domicile and that my established domicile is at the current domicile address I have entered above. I understand that a person can claim only one state and one city/town as his or her domicile at a time. A domicile is that place, to which upon temporary absence, a person has the intention of returning. By registering or voting today, I am acknowledging that I am not domiciled or voting in any other city/town, and that to the best of my knowledge and belief the information above is true and correct.

____________________

(Signature of applicant)

In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.

On the date shown above, before me, ____________________ (print name of notary public, justice of the peace, election officer), appeared ____________________ (print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.

____________________

Notary Public/Justice of the Peace/Official Authorized by RSA 659:30] a sworn statement on the voter registration form.

3 Reference Changed. Amend the introductory paragraph of RSA 654:12, II(b) to read as follows:

(b) Any one of the following is presumptive evidence of the identity of an applicant sufficient to satisfy the identity requirement for an official authorized by RSA 659:30 to take the oath of an applicant swearing to a [qualified voter, domicile, or election day affidavit] statement on the voter registration form:

4 Reference Changed. Amend RSA 654:12, III to read as follows:

III. To prove the qualifications set forth in paragraphs I and II, an applicant for registration as a voter must prove his or her identity to establish that the evidence used to prove age, citizenship, and domicile relate to the applicant. A person who has in his or her immediate possession a photo identification approved for use by paragraph II must present that identification when applying for registration. A person who does not have an approved photo identification with him or her may establish identity through completion of the [qualified voter affidavit, which shall be retained in accordance with RSA 33-A:3-a] voter registration form. Residents of a nursing home or similar facility may prove their identity through verification of identity by the administrator of the facility or by his or her designee. For the purposes of this section, the application of a person whose identity has been verified by an official of a nursing home or similar facility shall be treated in the same manner as the application of a person who proved his or her identity with a photo identification.

5 Reference Changed. Amend RSA 654:12, V(a) to read as follows:

V.(a) The election official approving the application for registration as voter of a person who does not present an approved form of photo identification as proof of identity when registering, shall mark the voter registration form to indicate that no photo identification was presented and shall inform the person that, if he or she is a first-time election day registrant in New Hampshire, he or she will receive a letter of identity verification. The person entering the voter information into the centralized voter registration database shall determine if the person is listed in the system as having been previously registered in the town or ward reported by the applicant on the voter registration form. If the person is a new registrant who has not been previously registered anywhere in New Hampshire or if the centralized voter registration database does not confirm a previous registration claimed on the voter registration form, the election official shall cause the record created in the centralized voter registration database to indicate that the person is a new applicant in New Hampshire and that no photo identification was presented. When municipalities enter information on people who register on election day into the centralized voter registration database, to the extent practical applicants who are registering for the first time in New Hampshire and who also register without presenting an approved photo identification shall be entered first. The person entering the voter information of election day residents into the centralized voter registration database shall cause the records to indicate if the voter executed a [domicile affidavit] sworn statement on his or her registration form.

6 Reference Changed. Amend RSA 654:12, V(d) to read as follows:

(d) Within 90 days of each election, the secretary of state shall cause a list of persons executing [domicile affidavits] sworn statements on their registration forms since the prior election to be forwarded to the attorney general and the division of motor vehicles. The secretary of state shall send a letter to each such person informing him or her of a driver's obligation to obtain a New Hampshire driver's license within 60 days of becoming a New Hampshire resident. The letter shall be mailed within 60 days after the election, except that if the election is a state primary election, the letter shall be mailed 60 days after the general election, and if the election is a regularly scheduled municipal election, the letter shall be mailed by the July 1 or January 1 next following the 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.

7 References Deleted. Amend RSA 654:31-a to read as follows:

654:31-a Right to Know Exemption. The information contained on the checklist of a town or city, specifically, the name, domicile address, mailing address, town or city, and party affiliation, if any, of registered voters, except as otherwise provided by statute, is public information subject to RSA 91-A. All other information on the voter registration form, absentee registration affidavit, [qualified voter and domicile affidavits,] affidavit of religious exemption, and application for absentee ballot shall be treated as confidential information and the records containing this information shall be exempt from the public disclosure provisions of RSA 91-A, except as provided by statutes other than RSA 91-A. [Notwithstanding the foregoing, qualified voter and domicile affidavits are public records subject to RSA 91-A for the sole purpose of challenging an individual registering to vote or voting, challenging ballots to be recounted, to the extent that such ballot challenges are specifically authorized by law, or determining the accuracy of any qualified voter or domicile affidavit.] Election officials and law enforcement personnel in furtherance of their official duties may access and may disclose information from the voter registration form, [qualified voter and domicile affidavits,] affidavits of religious exemption, absentee registration affidavits, and applications for absentee ballots, if necessary to resolve a challenge to an individual registering to vote or voting, or if necessary to investigate or prosecute election law violations or any crime. Law enforcement access and use of such records for the investigation or prosecution of crimes unrelated to election law violations shall be limited to the records of the specific individuals who are the subject of the investigation or prosecution.

8 References Deleted. Amend RSA 659:30 to read as follows:

659:30 Affidavit. The affidavit of a challenged voter, an asserting a challenge form, [a qualified voter affidavit, a voter domicile affidavit,] or any other affidavit required by the election statutes may be sworn before any person authorized by law to administer oaths or before any election officer.

9 References Deleted. 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 domicile 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;

10 References Deleted. Amend RSA 659:101 to read as follows:

659:101 Preservation of Absentee Voting Materials[, Election Day Affidavits, and Domicile Affidavits] and Registration Documents. The absentee ballot affidavits and application forms processed by the moderator as provided in RSA 659:50, the absentee ballots challenged and rejected as provided in RSA 659:51 and RSA 659:53, and [the qualified voter affidavits and domicile affidavits as provided in RSA 654:12 and] any [other] documentary proof of qualifications retained by the town or city clerk, the supervisors of the checklist, or other election official shall be preserved in accordance with RSA 33-A:3-a. [Qualified voter,] Voter registration[, and domicile] affidavits shall be retained for the period set forth in RSA 33-A:3-a, and other materials may be destroyed after the election is settled and all appeals have expired or one year after the election, whichever is longer.

11 Repeal. RSA 33-A:3-a, CXLI(e) and (f), relative to retention of affidavits, is repealed.

12 Effective Date. This act shall take effect January 1, 2014.

LBAO

13-0801

Revised 02/13/13

HB 466 FISCAL NOTE

AN ACT relative to determining qualifications of voters.

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2013 through 2017.

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