CHAPTER 212
HB 272 – FINAL VERSION
27Mar2007… 0629h
05/31/07 1790s
2007 SESSION
03/01
HOUSE BILL 272
AN ACT relative to presidential primary elections and relative to election affidavits.
AMENDED ANALYSIS
This bill:
I. Modifies dates for the filing names of addresses of presidential delegates and for mailing special overseas and armed services election write-in ballots.
II. Permits a person to request an absentee ballot for a presidential primary election before the date of the election has been announced.
III. Permits the secretary of state to schedule the presidential primary on a day other than Tuesday.
IV. Eliminates the requirement that election affidavits be sworn before an election officer.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0629h
05/31/07 1790s
07-0332
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to presidential primary elections and relative to election affidavits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
212:1 Presidential Nominations; Selection of Delegates. Amend RSA 655:50 to read as follows:
655:50 Selection of Delegates. Each presidential candidate who has filed pursuant to RSA 655:47 shall file with the secretary of state [between the first Monday in December and the first Monday after the first Wednesday in January before] no later than the third Friday following the last day of the filing period for the presidential primary the names and addresses in alphabetical order of the delegates and their alternates, one alternate per delegate, who shall represent [him] the candidate as his or her delegation to the national convention.
212:2 Absentee Voting; Application; Forms. Amend RSA 657:4, I to read as follows:
I. Absence (Excluding Absence Due to Residence Outside the Continental United States), Religious Observance, and Disability:
New Hampshire law requires that you vote in person at the polling place for your town or ward unless you:
a. Plan to be absent on the day of the election from the city, town, or unincorporated place in which you are registered to vote.
b. Cannot appear in public on election day because of observance of a religious commitment.
c. Are unable to vote in person due to a disability.
d. Cannot appear at any time during polling hours at your polling place because an employment obligation requires you to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close.
RSA 657:1. Any person who votes or attempts to vote using an absentee ballot who is not entitled to vote by absentee ballot shall be guilty of a misdemeanor. RSA 657:24.
I am requesting an absentee ballot for the following election:
___ State Primary. I am member of the:
___ Republican Party
___ Democratic Party
or I am now declaring my affiliation with that party and am requesting a ballot for that party’s primary.
___ General Election
Applicant’s Name ________________________________
(Last) (First) (Middle) (DOB)
Applicant’s Voting Domicile (home address):
________________________________________
(Street) (City/Town) (zip)
Mail the ballot to me at this address: ____________________________
_____________________________
_____________________________
I hereby declare that:
___ I am a duly qualified voter who is currently registered to vote in this town/ward.
___ I am absent from the town/city where I am domiciled and will be until after the next election, or I am unable to register in person due to a disability, and request that the forms necessary for absentee voter registration be sent to me with the absentee ballot.
I will be entitled to vote by absentee ballot at the election designated above because:
___ I plan to be absent on the day of the election from the city, town, or unincorporated place where I am domiciled.
___ I am requesting a ballot for the presidential primary election and I may be absent on the day of the election from the city, town, or unincorporated place where I am domiciled, but the date of the election has not been announced. I understand that I may only make such a request 14 days after the filing period for candidates has closed, and that if I will not be absent on the date of the election I am not eligible to vote by absentee ballot.
___ I cannot appear in public on election day because of observance of a religious commitment.
___ I am unable to vote in person due to a disability.
___ I cannot appear at any time during polling hours at my polling place because an employment obligation requires me to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close.
This application form must be signed by the applicant. The absentee ballot forms you receive will require you to sign an affidavit confirming that you are entitled to vote by absentee ballot due to one of the reasons stated above. The moderator is required to compare the signature on the affidavit to your signature on this form. The absentee ballot will not be counted if the affidavit and this form do not appear to have been signed by the same person. RSA 659:50.
____________________________
Signature of the Applicant
212:3 Special Overseas and Armed Services Election Write-In Ballot; Presidential Primary Election. Amend RSA 657:10-a to read as follows:
657:10-a Special Overseas and Armed Services Election Write-In Ballot. Notwithstanding any other provision of the election laws, a qualified absentee voter may apply to a city or town clerk for a special write-in absentee ballot. These ballots shall be mailed by the town or city clerk no later than July 15 for voting in a state primary election, no later than November 1 for voting in a presidential primary election, and no later than the date of the state primary for voting in a state general election, to overseas citizens and armed services personnel who state they are unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas outside the United States and Canada. The ballot shall be prepared by the secretary of state and shall be, as nearly as practicable, the same as the official overseas citizens federal election ballot except that there shall be no candidate’s names printed on it.
212:4 Election Dates; Presidential Primary Election. Amend RSA 653:9 to read as follows:
653:9 Presidential Primary Election. The presidential primary election shall be held on the second Tuesday in March or on a [Tuesday] date selected by the secretary of state which is 7 days or more immediately preceding the date on which any other state shall hold a similar election, whichever is earlier, of each year when a president of the United States is to be elected or the year previous. Said primary shall be held in connection with the regular March town meeting or election or, if held on any other day, at a special election called by the secretary of state for that purpose.
212:5 Challenges; Swearing of Affidavit. Amend RSA 659:30 to read as follows:
659:30 Affidavit. The affidavit of a challenged voter, a voter citizenship 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.
212:6 Effective Date. This act shall take effect upon its passage.
Approved: June 25, 2007
Effective: June 25, 2007