HB366 (2005) Detail

Relative to maintenance of voter checklists.


HB 366 – AS AMENDED BY THE SENATE

30Mar2005… 0871h

06/02/05 1633s

06/02/05 1791s

2005 SESSION

05-0785

03/10

HOUSE BILL 366

AN ACT relative to maintenance of voter checklists.

SPONSORS: Rep. Dorsett, Graf 8; Rep. Maybeck, Graf 8

COMMITTEE: Election Law

AMENDED ANALYSIS

This bill:

I. Establishes requirements for the secretary of state to cause the removal of certain names from voter checklists.

II. Modifies fees and procedures for obtaining copies of voter checklist information.

III. Changes the 10-year checklist verification to a 4-year checklist verification.

IV. Authorizes the secretary of state to assign voter identification numbers.

V. Establishes fees for absentee voter lists.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Mar2005… 0871h

06/02/05 1633s

06/02/05 1791s

05-0785

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to maintenance of voter checklists.

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

1 Reports of Transfer. Amend RSA 654:36 to read as follows:

654:36 Reports of Transfer. If the supervisors of the checklist have received a notice of transfer from another board of supervisors of the checklist in the state of New Hampshire that a voter whose name is on the checklist has been added to the checklist of some other town or city, they shall strike that name from the checklist at the next session for the correction of the checklist. [They shall retain the notice as proof of their reasoning in striking the name from the checklist.] If the secretary of state receives notice from the election officials of any other state that a voter whose name is on the checklist of any town or ward in New Hampshire has been added to the checklist of any voting jurisdiction in any other state, the secretary of state shall cause that voter’s name to be removed from the checklist of the town or ward where the voter had been registered as maintained in the centralized voter registration database established pursuant to RSA 654:45.

2 Reports of Death. Amend RSA 654:37 to read as follows:

654:37 Reports of Death. Whenever there is filed in [his] the secretary of state’s office an official notice of the death of any person or persons of the age of 18 years or over, the [town or city clerk shall notify the supervisors of the checklist of said deaths by submitting a notice of same to the supervisors at their next regular meeting. Upon receipt of such notice, the supervisors] secretary of state shall examine the [checklist] centralized voter registration database established pursuant to RSA 654:45; and, if the name of said deceased person appears thereon, it shall be removed from the checklist of the town or ward where the person was registered to vote prior to the next election. [Any supervisor who shall neglect or refuse to erase the name of such deceased voter from the checklist after receiving such notice from the town or city clerk shall be guilty of a violation] The secretary of state shall notify the town or city where the voter was previously registered of the identity of each voter whose name shall be removed from the checklist of that city or town.

3 Removing Names from Checklist; Notice Required; Exceptions. Amend RSA 654:44, II to read as follows:

II. The provisions of this section do not apply to the removal of the names of persons for whom the supervisors or the secretary of state have received a report of transfer or death as provided in RSA 654:36 or 654:37, nor to the removal of names during the period for verification of the checklist as provided in RSA 654:38 or 654:39, nor to the removal of names of persons for whom they have received a notice from a duly authorized board of registration from a community outside New Hampshire stating that a person whose name is on the checklist of the town or ward in New Hampshire has registered to vote outside New Hampshire.

6 Sending Absentee Ballots. Amend RSA 657:15 to read as follows:

657:15 Sending Absentee Ballots. When the verification required by RSA 657:12 or 657:13 has been made, the clerk shall retain the application and, without delay, personally deliver or mail to the applicant the appropriate ballot and materials as described in RSA 657:7 through 657:9 or designate an assistant to deliver such materials to the applicant. The clerk may not designate as an assistant any person who is a candidate for nomination or office or who is working for such a candidate. Any ballots sent pursuant to the provisions of this section shall be mailed or delivered only by officials from the city or town clerk's office and delivered only to the applicant. If the address to which the absent voter's ballot is sent is outside the United States or Canada, such papers shall be sent by air mail. Said clerks shall keep lists of the names and addresses, arranged by voting places, of all applicants to whom official absent voting ballots have been sent, and shall identify those official absent voting ballots which have been returned to the clerk. Candidates whose names appear on the ballot and persons bearing notarized requests or copies of notarized requests from candidates whose names appear on the ballot may obtain copies of such lists; the lists shall not be available for public inspection at any time without a court order. The clerk may charge candidates for federal office a fee for copies of such lists of up to $3 plus $1 for every 50 names or portion thereof, plus any shipping costs.

7 Centralized Voter Registration Database; Voter Identification Numbers. Amend RSA 654:45, I to read as follows:

I. The secretary of state is authorized to plan, develop, equip, establish, site, and maintain a statewide centralized voter registration database and communications system, hereinafter referred to as the voter database, connecting users throughout the state. The voter database shall include the information on the voter registration form and the voter checklists maintained by each city, ward, and town in the state. The secretary of state is authorized to assign unique voter identification numbers to registered voters in the voter database.

8 Sending Absentee Ballots. Amend RSA 657:15 to read as follows:

657:15 Sending Absentee Ballots. When the verification required by RSA 657:12 or 657:13 has been made, the clerk shall retain the application and, without delay, personally deliver or mail to the applicant the appropriate ballot and materials as described in RSA 657:7 through 657:9 or designate an assistant to deliver such materials to the applicant. The clerk may not designate as an assistant any person who is a candidate for nomination or office or who is working for such a candidate. Any ballots sent pursuant to the provisions of this section shall be mailed or delivered only by officials from the city or town clerk's office and delivered only to the applicant. If the address to which the absent voter's ballot is sent is outside the United States or Canada, such papers shall be sent by air mail. Said clerks shall keep lists of the names and addresses, arranged by voting places, of all applicants to whom official absent voting ballots have been sent, and shall identify those official absent voting ballots which have been returned to the clerk. Candidates whose names appear on the ballot and persons bearing notarized requests or copies of notarized requests from candidates whose names appear on the ballot may obtain copies of such lists; the lists shall not be available for public inspection at any time without a court order. The clerk shall charge a fee for copies of such lists of $3 plus $1 for every 50 names or portion thereof, plus any shipping costs.

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

LBAO

05-0785

6/14/05

HB 366 FISCAL NOTE

AN ACT relative to maintenance of voter checklists.

FISCAL IMPACT:

      The New Hampshire Municipal Association states this bill, as amended by the Senate (Senate Amendments #’2005-1633s and #2005-1791s), will increase local revenue by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on state, county, and local expenditures or state and county expenditures.

METHODOLOGY:

    The New Hampshire Municipal Association states this bill provides that a town or city clerk may charge candidates for federal office a fee for copies of an absentee voter list of up to $3, plus $1 for every 50 names or portion thereof, plus any shipping costs. The Association states it appears that the fee structure would be sufficient to cover the copying costs of providing the information.

The Department of State states this bill will have no fiscal impact on their department.