Bill Text: NH HB515 | 2012 | Regular Session | Introduced
Bill Title: Relative to voter registration and relative to procedures for absentee voting.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Failed) 2012-01-04 - House Inexpedient to Legislate: Motion Adopted Voice Vote; House Journal 7, PG.382 [HB515 Detail]
Download: New_Hampshire-2012-HB515-Introduced.html
HB 515-FN – AS INTRODUCED
2011 SESSION
03/04
HOUSE BILL 515-FN
AN ACT relative to voter registration and relative to procedures for absentee voting.
SPONSORS: Rep. J. Belanger, Hills 5; Rep. Drisko, Hills 5; Rep. Jasper, Hills 27
This bill eliminates the option to use an affidavit to prove identity or citizenship. This bill also requires the clerk to verify the identity of persons requesting absentee ballots.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0326
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to voter registration and relative to procedures for absentee voting.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Reference Changed. Amend RSA 33-A:3-a, CXLI(e) to read as follows:
(e) [Qualified voter] Age affidavit: until voter is removed from checklist plus 7 years.
2 Determining Qualifications of Applicant. Amend RSA 654:12, I(a)-(b) 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, or naturalization papers if the applicant is a naturalized citizen, [a qualified voter affidavit, or any other reasonable documentation which indicates] or any official state or federal document stating that 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: ____________________
I hereby swear and affirm, under the penalties for voting fraud set forth below, 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.
____________________
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] an age affidavit, which shall be retained in accordance with RSA 33-A:3-a. The age affidavit shall be in the following form:
Date: ____________________
AGE AFFIDAVIT
Name: ____________________
Name at birth if different: ____________________
Place of birth: ____________________
Date of birth: __________
I hereby swear and affirm, under the penalties for voting fraud set forth below, 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.
____________________
Notary Public/Justice of the Peace/
Official Authorized by RSA 659:30
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] an age, domicile, or election day affidavit:
4 Reference Deleted. 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 any reasonable means, including, but not limited to: photo identification not approved by paragraph II, but determined to be legitimate by the supervisors of the checklist or clerk[,] or verification of the person’s identity by another person registered as a voter and known to the supervisor or clerk[, or completion of the qualified voter affidavit, which shall be retained in accordance with RSA 33-A:3-a]. 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 654:31-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] age and domicile affidavits, 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] age 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] age 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] age and domicile affidavits, 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.
6 Absentee Voting Procedure. Amend RSA 657:12 and RSA 657:13 to read as follows:
657:12 Provisions for General Election. Upon receipt of a properly executed application for an official absentee ballot for a general election, whether the form supplied by the secretary of state, the federal official post card form, or a written statement containing the information required by RSA 657:4, I, a town or city clerk shall forthwith ascertain if the applicant is on the checklist of the town or city. If the applicant delivers the application in person, the clerk shall verify the applicant’s identity by examining his or her driver’s license or nondriver’s picture identification card; if the applicant delivers the application by mail or facsimile, the clerk shall verify the applicant’s identity by comparing the signature on the application with the signature on the applicant’s voter registration form. If the applicant is on the checklist and the clerk is able to verify his or her identity, the clerk shall send the materials provided for in RSA 657:15 to the applicant and record the information pursuant to RSA 657:15; if not, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile to a town or city clerk.
657:13 Provisions for State or Presidential Primary Elections. Upon receipt of a properly executed application for an official absentee ballot for a state or presidential primary election, whether the form supplied by the secretary of state or a written statement containing the information required by RSA 657:4, I, a town or city clerk shall forthwith ascertain if the person is on the checklist of the town or city and is properly registered as to party designation. If the applicant delivers the application in person, the clerk shall verify the applicant’s identity by examining his or her driver’s license or nondriver’s picture identification card; if the applicant delivers the application by mail or facsimile, the clerk shall verify the applicant’s identity by comparing the signature on the application with the signature on the applicant’s voter registration form. If such person is found to be on the checklist and to be properly registered or if such person is found to be on the checklist but is not registered as a member of any party, but the information supplied states he or she is applying for a ballot of a political party, the person shall be registered as a member of said party; and, in either case, if the clerk is able to verify his or her identity, the clerk shall send the materials provided for in RSA 657:15. If the person is not on the checklist or is registered as a member of a party different from the one whose ballot he or she is applying for, or if the clerk is unable to verify his or her identity, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile to a town or city clerk.
7 Reference Changed. Amend RSA 659:30 to read as follows:
659:30 Affidavit. The affidavit of a challenged voter, [a qualified voter] an age 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.
8 Reference Changed. Amend RSA 659:34, I(a) to read as follows:
(a) When registering to vote; when obtaining an official ballot; or when casting a vote by official ballot, 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] an age affidavit, a domicile affidavit, or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter;
9 Reference Changed. Amend RSA 659:101 to read as follows:
659:101 Preservation of Absentee Voting Materials, Election Day Affidavits, and Domicile Affidavits. 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] age 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] Age, 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.
10 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0326
Revised 01/27/11
HB 515 FISCAL NOTE
AN ACT relative to voter registration and relative to procedures for absentee voting.
FISCAL IMPACT:
The Department of State states there will be no fiscal impact on state revenues or expenditures. The New Hampshire Municipal Association states there will be no fiscal impact on local revenues or expenditures. There will be no fiscal impact on county revenues or expenditures.
METHODOLOGY:
The Department of State states this bill would eliminate the use of the qualified voter affidavit and create an age affidavit. The Department states aside from changing affidavit forms, which would be costs absorbed in its current budget, this bill will have no fiscal impact on state revenues or expenditures.
The New Hampshire Municipal Association states this bill appears to have no direct fiscal impact on local revenues or expenditures.
