SB 220-FN - AS INTRODUCED

2023 SESSION

23-0876

08/10

SENATE BILL 220-FN

AN ACT modifying the absentee voter registration process, absentee ballot application, and absentee ballot voting process.

SPONSORS: Sen. Soucy, Dist 18; Sen. D'Allesandro, Dist 20; Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4; Sen. Prentiss, Dist 5; Sen. Whitley, Dist 15; Sen. Rosenwald, Dist 13; Sen. Chandley, Dist 11; Sen. Fenton, Dist 10; Sen. Altschiller, Dist 24; Rep. Simpson, Rock. 33; Rep. Muirhead, Graf. 12; Rep. Wilhelm, Hills. 40

COMMITTEE: Election Law and Municipal Affairs

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ANALYSIS

This bill allows for no-excuse absentee registration and voting, and partial processing of absentee ballots prior to election day.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0876

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT modifying the absentee voter registration process, absentee ballot application, and absentee ballot voting process.

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

1  Absentee Voter Registration; Applicability.  Amend RSA 654:16 and 654:17 to read as follows:

654:16  Applicability.  Any person who has his or her domicile in any town or city in this state and is qualified to vote therein at the next subsequent election to be held in said town or city except for the fact that his or her name does not appear on the checklist to be used at the election, and who is temporarily absent therefrom[ or who by reason of physical disability is unable to attend a meeting of the supervisors of the checklist,] may cause his or her name to be added to such checklist by applying to the city or town clerk or the secretary of state for a voter registration form provided for in RSA 654:7 and an appropriate absentee registration affidavit provided for in RSA 654:17.

654:17  Absentee Registration Affidavit.  

I.  The absentee registration affidavit shall be prepared by the secretary of state and shall be in substantially the following form:

Affidavit (Absence from town)

I, __________________ do hereby swear or affirm, under the penalties for voting fraud set forth below, the following:

1) That my legal domicile is in the town of _______________, New Hampshire, I will be of the age of 18 years or over on election day and am entitled to vote in the election to be held in said town on _______________, _________ (date), except for the fact that my name does not appear on the checklist to be used in said town at such election;

2) That I do not intend to be present within said town at such time prior to said election as shall enable me personally to appear before the supervisors of the checklist of said town in their regular sessions for the correction of the checklist for said election;

3) That I am temporarily residing in __________ (city and state or city, province, and country);

4) That I hereby enclose one of the following as proof of identity and domicile:

(a) A copy of a current and valid New Hampshire driver's license or an armed services identification or other photo identification issued by the United States government that shows my name and address; or

(b) A copy of a current and valid photo identification and a copy of a current utility bill, bank statement, government check, paycheck, other government document that shows my name and address, or a letter from the administrator of a nursing home or similar facility affirming that I am a resident of that facility that was provided to me at my request pursuant to the administrator's duty to provide such a letter upon my request;

5) That I acknowledge that if I do not provide a copy of proof of identity and domicile as required by section 4) above, this application may not be approved; and

6) That I hereby make application for the addition of my name to the checklist of said town to be used at said election.

Signature of Applicant

Date

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.

[Affidavit (Physical Disability)

I, _____________________ do hereby swear or affirm, under the penalties for voting fraud set forth below, the following:

1) That my legal domicile is in the town of ________________, New Hampshire, I will be of the age of 18 years or over on election day, and am entitled to vote in the election to be held in said town on ________________, ___ (date), except for the fact that my name does not appear on the checklist to be used in said town at such election;

2) That I am unable by reason of physical disability personally to appear before the supervisors of the checklist of said town in their regular sessions for the correction of the checklist for said election;

3) That I hereby enclose one of the following as proof of identity and domicile:

(a) A copy of a current and valid New Hampshire driver's license or an armed services identification or other photo identification issued by the United States government that shows my name and address; or

(b) A copy of a current and valid photo identification and a copy of a current utility bill, bank statement, government check, paycheck, other government document that shows my name and address, or a letter from the administrator of a nursing home or similar facility affirming that I am a resident of that facility that was provided to me at my request pursuant to the administrator's duty to provide such a letter upon my request;

4) That I acknowledge that if I do not provide a copy of proof of identity and domicile as required by section 3) above, this application may not be approved; and

5) That I hereby make application for the addition of my name to the checklist of said town to be used at said election.

Signature of Applicant

Date

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.

II.  There shall be printed below each of the foregoing affidavits the following affirmation:

Affirmation

I, __________, the undersigned witness, do hereby swear or affirm, under the penalties for voting fraud set forth below, that on the __________ day of __________, ___ (date), the above named, __________, having satisfied me as to his or her identity, signed the foregoing affidavit in my presence, and did before me swear to (or affirm) the truth of the statements therein contained.

Signature of Witness

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  Absentee Voting Based on Official Absence, Religious Observance, and Disability, Illness, or Other Medical Condition.  Amend RSA 656:33 to read as follows:

656:33  Official Absence[, Religious Observance, and Disability Absentee Ballots].  Prior to any state election, the secretary of state shall prepare, in such quantity as the secretary of state may deem necessary,[ absence, religious observance, and disability] absentee ballots in the same form as nearly as practicable as the official ballot to be used at said election.  Said absentee ballots shall have the words "absentee ballot" printed on them and shall be similarly endorsed and printed on paper of the same color as that used for official ballots.

3  Absentee Voting.  Amend the section heading of RSA 657:1 and RSA 657:1, I to read as follows:

657:1  [Absence, Religious Observance, and Disability] Absentee Voting.  

I.  Any person who will be absent on the day of any state election from the city, town, or unincorporated place in which he or she is registered to vote or who cannot appear in public on any election day [because of his or her observance of a religious commitment] or who is unable to vote there in person [by reason of physical disability] may vote at such elections as provided in this chapter.  [A person who is unable to appear at any time during polling hours at his or her polling place because of an employment obligation shall be considered absent for purposes of this chapter.  For the purposes of this section, the term "employment" shall include the care of children and infirm adults, with or without compensation.]

4  Absentee Voting; Forms.  Amend RSA 657:4, I to read as follows:

I.  Prior to any state election, the secretary of state shall prepare the appropriate application forms for absentee ballots worded in substantially the following form.  The secretary of state shall insert the names of all parties qualified as set forth in RSA 652:11 in the list of parties on the application form.  The secretary of state shall prepare the application forms in such quantity as he or she deems necessary:

Absence (Excluding Absence Due to Residence Outside the United States[), Religious Observance, and Disability]:

I hereby declare that (check one):

(MM/DD/YYYY)

(The date may appear as blank when the date is not known.)

_____ State Primary to be held on ____________________

(MM/DD/YYYY)

_____ General Election

For primary elections, I am a member of or I am now declaring my affiliation with the (check one):

_____ Republican Party

_____ Democratic Party

_____ (name of any party determined by the secretary of state to have achieved official status under RSA 652:11)

and am requesting a ballot for that party's primary.

Please print:

Applicant's Name:

____________________

(Last) (First) (Middle) (Sr., Jr., II., III)

Applicant's Voting Domicile (home address):

____________________

(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)

Mail the ballot to me at this address (if different than the home address):

____________________

(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)

Applicant's Phone Number : ____________________

Applicant's Email Address : ____________________

Applicant's Signature: ____________________

Date Signed: ____________________

 MM/DD/YYYY)

I attest that I assisted the applicant in executing this form because he or she has a disability.

Signature ____________________ Print Name ____________________

If your absentee ballot application or affidavit envelope has the printed name and signature of a person who assisted you with voting, your signature will not be compared to your signature on the absentee ballot affidavit to verify your identity.  Otherwise, if your signatures do not appear to be made by the same person, your absentee ballot may not be counted.

The applicant must sign this form to receive an absentee ballot.  Any person who witnesses and assists a voter with a disability in executing this form shall print and sign his or her name in the space provided on the application form.  The moderator will not compare the voter's signature on the application with the signature on the absentee ballot affidavit when a person assisting the voter has signed the statement on the absentee ballot application or affidavit envelope that assistance was provided.

5  Absentee Ballots.  Amend the introductory paragraph of RSA 657:7 and RSA 657:7, I and II to read as follows:

657:7  Absence[, Religious Observance, and Disability].  Prior to any state election, the secretary of state shall prepare the following forms in such quantity as he or she deems necessary:

I.  [Absence, religious observance, and disability] Absentee ballots as provided in RSA 656:33.

II.  Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the following:

YOUR COMPLETED ABSENTEE BALLOT MUST BE SEALED IN THIS ENVELOPE

I do hereby certify under the penalties for voting fraud set forth below that:

I am a voter in the city or town of _______________, New Hampshire.

I will be absent or unable to vote in person on election day.  [Absence includes:

a) I will be out-of-town on election day.

b) I will be unable to vote in person because I will be working.

c) I will be unable to vote in person because I will be caring for children or infirm adults, with or without compensation.

d) I am voting absentee on the Monday immediately before the election, the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning that applies to my town/ward, and I have concerns for traveling in the storm.

2) I am unable to vote in person due to disability.

3) I am unable to vote in person due to observance of a religious commitment, which prevents me from voting in person.

4) I am confined to a penal institution for a misdemeanor or while awaiting trial.]

I have carefully read or had read to me the absentee voting instructions.  I personally marked the absentee ballot enclosed in this envelope or, due to a disability, I had assistance in marking the absentee ballot.

Voter Signature_______________

Voter Address ________________

A person assisting a voter with a disability shall sign this statement on this envelope acknowledging the assistance.

I attest that I assisted (print voter name) ____________________ because the voter is a person with a disability.  I marked the ballot and/or this form as instructed by the voter.

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.

6  Subdivision Heading Amended.  Amend the subdivision heading preceding RSA 657:12 to read as follows:

Procedure for Absence[, Religious Observance, and Disability] and Overseas Voting

7  Town Elections; Absentee Voting.  Amend RSA 669:26 to read as follows:

669:26  Absentee Voting.

[I.]  Every town which has adopted an official ballot system for town elections as provided in RSA 669:12 or 669:13 shall provide for absentee voting.  Any eligible voter who is absent from such a town on the day of a town election, or who cannot appear in public on election day [because of his or her observance of a religious commitment, or who, by reason of physical disability is unable to vote in person] may vote at a town election in accordance with the provisions of this section and RSA 669:27-669:29.  [A person who is unable to appear at any time during polling hours at his or her polling place because of an employment obligation shall be considered absent for purposes of this section and RSA 669:27-669:29.  For the purposes of this section, the term "employment" shall include[ the care of children and infirm adults, with or without compensation.]

II.  When the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning for election day applicable to the town:

(a)  A person who is elderly or infirm or who has a physical disability, who otherwise would have voted in person but has concerns for his or her safety traveling in the storm, shall be considered absent for purposes of this section and RSA 669:27-669:29 and may vote absentee on the Monday immediately prior to the election.

(b)  A person who cares for children or infirm adults who reasonably anticipates that school, child care, or adult care will be canceled, who otherwise would have voted in person but will be deterred from voting by the need to care for children or infirm adults, shall be considered absent for purposes of this section and RSA 669:27-669:29 and may vote absentee on the Monday immediately prior to the election.

(c)  As required by RSA 652:20, the clerk's office shall be open to receive applications for absentee ballots, to provide voters the opportunity to complete absentee ballots, and to receive returned ballots on the Monday immediately prior to an election at a minimum from 3:00 p.m. to 5:00 p.m.  The clerk may designate a deputy clerk or assistant to provide this service, provided the individual has taken the oath of office and has been trained in the requirements for using an absentee ballot and the procedures for issuing and receiving absentee ballots.]

8  Effective Date.  This act shall take effect 60 days after its passage.

LBA

23-0876

1/17/23

SB 220-FN- FISCAL NOTE

AS INTRODUCED

AN ACT modifying the absentee voter registration process, absentee ballot application, and absentee ballot voting process.

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

The Legislative Budget Assistant is still awaiting information from the Department of State in response to this bill. The Department of State was contacted on 1/13/23 for a fiscal note worksheet.

METHODOLOGY:

This bill allows for no-excuse absentee registration and voting, and partial processing of absentee ballots prior to election day.

The New Hampshire Municipal Association states this bill will require additional training of election officials, increasing costs in the form of wages and compensation to officials resulting in an increase in local expenditures starting in FY 2024 and forward.

It is assumed any fiscal impact would occur after FY 2023.

AGENCIES CONTACTED:

Department of State and New Hampshire Municipal Association