SB 485 – AS INTRODUCED
2008 SESSION
03/05
SENATE BILL 485
AN ACT relative to party designations for voters.
SPONSORS: Sen. Burling, Dist 5; Sen. Cilley, Dist 6; Rep. Clemons, Hills 24
COMMITTEE: Election Law and Internal Affairs
This bill changes references to voters who are registered as a member of no political party from “undeclared” to “independent.”
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2814
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to party designations for voters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Disposition and Retention of Municipal Records; Voter Registration. Amend RSA 33-A:3-a, CXLI(b) to read as follows:
(b) Same day, returned to [undeclared] independent status: 5 years.
2 Terms and Definitions. Amend RSA 652:16-a to read as follows:
652:16-a [Undeclared] Independent Voter. The term “[undeclared] independent voter” shall mean a voter who is registered as a member of no political party.
3 Change of Registration. Amend RSA 654:34, II-V to read as follows:
II. Change of registration of a voter who has been registered as an [undeclared] independent voter.
(a) Any legal voter who has been registered as an [undeclared] independent voter may register as a member of the party of the voter’s choice by appearing before the supervisors of the checklist for the voter’s town or ward any time they meet, except as prohibited by paragraph IV, and stating to them, under oath or affirmation, if required, that the voter intends to affiliate with and generally supports the candidates of the party with which the voter offers to register, in which case the voter shall be registered as a member of such party.
(b) A voter may also register as a member of a party at any primary by requesting to be registered as a member and voting the ballot of the party of the voter’s choice. A voter may also register once again as an [undeclared] independent voter after voting in a primary as a registered member of a party by returning the card provided for in paragraph V to the person at the polls designated by the town or city clerk to accept the card. All such cards shall be in the possession of the supervisors of the checklist at the close of the polls on election day.
III. Notwithstanding any provision of paragraphs I and II to the contrary, no person who has voted in a primary may thereafter on the day of said primary change the person’s party registration, unless, prior to voting in the primary, the person was registered as an [undeclared] independent voter, in which case the person may once again register as an [undeclared] independent voter, as provided in subparagraph II(b).
IV. No person, who is already registered to vote, whether his or her party membership has been previously registered or not, shall affiliate with a party or disaffiliate from a party between the first Wednesday in June and the day before the state primary election.
V.(a) At any primary, the supervisors of the checklist shall make available within the polling place a card to enable a voter who was registered as an [undeclared] independent voter but who changed registration on the day of the primary in order to vote as a registered member of a party to change registration so that the voter is registered once again as an [undeclared] independent voter. The card shall be in substantially the following form:
Name ___________________________________________
(Print)
Address _________________________________________
_____________________________________________
_____________________________________________
I hereby request that my political party registration be changed as follows:
From: Democrat [ ] or Republican [ ] or Libertarian [ ]
To: [Undeclared] Independent [ ]
Signed under the pains and penalties of perjury.
_________________________________________________
(b) The supervisors of the checklist, upon receipt of such a card, shall keep it until their next session of supervisors of the checklist for changing party registration at which time the sender’s party registration shall be changed as indicated on the card.
4 Special Provisions for State and Presidential Primary Elections. Amend RSA 659:14 to read as follows:
659:14 Special Provisions for State and Presidential Primary Elections.
I. A person desiring to vote at a state or presidential primary election shall, at the time of announcing the person’s name, also announce the name of the party to which the person belongs or whether the person is registered as an [undeclared] independent voter. If the person’s party membership has been registered before, the person shall be given only the ballot of the party with which the person is registered, unless the person desires to vote the ballot of a party not having official existence at the time the person’s party membership was previously registered, in which case the person may vote the ballot of such a party in the state primary election immediately following the political organization’s official existence as a party, and not in any subsequent state primary election. A person may also vote the ballot of such a party in the presidential primary election only if the presidential primary election precedes the state primary election to be held in that same year. If the rules of a party permit a person who is registered as an [undeclared] independent voter to vote in the party’s primary, any person desiring to vote in that party’s primary shall also announce the name of that party at the time of announcing the person’s name. No person shall be permitted to vote in any more than one party primary during any primary election.
II. The secretary of state shall include on the voter instruction cards required by RSA 658:28 whether a party rule has been adopted which permits a person who is registered as an [undeclared] independent voter to vote in the party’s primary. The party chairman shall notify the secretary of state in writing prior to the filing period for state offices whether the party has adopted such a rule. This rule shall not be changed or rescinded by a party until the results of the primary have been announced, and any change or rescission shall be mailed to the secretary of state by the party chairman.
5 Effective Date. This act shall take effect 60 days after its passage.