HB 573-FN – AS INTRODUCED
2009 SESSION
03/01
HOUSE BILL 573-FN
AN ACT relative to absentee voting.
SPONSORS: Rep. Borden, Rock 18
This bill eliminates the requirement that a person be absent from the city, town, or unincorporated place or unable to appear because a religious observance or physical disability in order to vote by absentee ballot.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0449
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to absentee voting.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Absentee Ballots. Amend RSA 656:33-656:37 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.
656:34 Official Overseas Citizens Federal Election Absentee Ballot. Prior to any federal election, the secretary of state shall prepare, in such quantity as the secretary of state may deem necessary, overseas citizens federal election absentee ballots as nearly as practicable in the same form as the official ballot to be used at said election. Said ballots shall have the words “official overseas citizens federal election absentee ballot’‘ printed on them and shall be similarly endorsed and printed on paper of the same color as that used for official [absence and disability] absentee ballots. Such ballots shall provide for voting absentee only for candidates seeking election to federal offices and for no other candidates.
656:35 Armed Services Absentee Ballot. Prior to any state election, the secretary of state shall prepare, in such quantity as the secretary of state may deem necessary, armed services absentee ballots in the same form as the [absence and disability] absentee ballot to be used at said election.
656:36 Questions on the Ballot. Whenever a question to voters is printed on an official state election ballot, the secretary of state shall ensure that said question is also printed on the [absence and disability] absentee ballot and on the armed services absentee ballot, except as otherwise provided.
656:37 Constitutional Amendments. Whenever a question to voters related to a proposed constitutional amendment is printed on a special and separate ballot as provided in RSA 663:3, the question shall also be printed on a separate absentee ballot of the same color as the ballot used for constitutional questions by in-person voters, shall be included with each [absence and disability] absentee or armed services absentee ballot, and shall have printed on it the words “absentee ballot.’‘
2 Absentee Voting. Amend RSA 657:1 to read as follows:
657:1 [Absence, Religious Observance, and Disability] Absentee Voting. Any person who [is 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] will not be voting in person at the polling place on election day 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 an employment obligation requires the person 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 shall be considered absent for purposes of this chapter.]
3 Forms. Amend RSA 657:4, I to read as follows:
I. [Absence] Absentee (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] not be voting in person at the polling place on election day.
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
4 Absentee Voting Materials. Amend the section heading of RSA 657:7 to read as follows:
657:7 [Absence, Religious Observance, and Disability] Absentee Voting Materials.
5 Absentee Voting Materials. Amend RSA 657:7, I-II to read as follows:
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:
[(a) Absence from City or Town.] A person voting by absentee ballot [because of absence from the city or town in which he or she is entitled to vote] shall fill out and sign the following certificate:
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, in ward __________; that I will [be unable to appear at any time during polling hours at my polling place because I will be working on election day or will be otherwise absent on election day from said city or town and will be unable to vote in person] not be voting in person at the polling place on election day; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).
(Signature) ____________________
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.
[(b) Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability shall fill out and sign the following certificate:
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, in ward ____________; that I will be observing a religious commitment which prevents me from voting in person or that on account of physical disability I am unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).
(Signature) ____________________
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 Procedure for Absentee Voting. Amend the subdivision heading preceding RSA 657:12 to read as follows:
Procedure for [Absence, Religious Observance, and Disability and Overseas] Absentee Voting
7 Absentee Voting. Amend RSA 669:26 to read as follows:
669:26 Absentee Voting. 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 registered voter or armed services 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 observance of a religious commitment, or who, by reason of physical disability, is unable to vote in person] will not be voting in person at the polling place on election day 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 an employment obligation requires the person 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 shall be considered absent for purposes of this section and RSA 669:27-669:29.]
8 Forms. Amend RSA 669:27, III to read as follows:
III. Envelopes of sufficient size to contain the ballots specified in paragraph I, on which shall be printed the following affidavit:
[Absence.] A person voting by absentee ballot [because of absence from the place in which he or she is entitled to vote] shall fill out and sign the following certificate:
I do hereby certify, under the penalties for voting fraud set forth below, that I am a voter in the town (city, village district, school district) of __________, New Hampshire[,]; that I will [be unable to appear at any time during polling hours at my polling place because I will be working on election day or will be otherwise absent on election day from said town (city, village district, school district) and will be unable to vote in person] not be voting in person at the polling place on election day; that I have carefully read the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the within ballot and enclosed and sealed it in this envelope.
(Signature) _______________
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.
[Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability shall fill out and sign the following certificate:
I do hereby certify, under the penalties for voting fraud set forth below, that I am a voter in the town (city, village district, school district) of __________, New Hampshire, that I will be observing a religious commitment which prevents me from voting in person, or that on account of physical disability I am unable to vote in person; that I have carefully read the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the within ballot and sealed it in this envelope.
(Signature) _______________
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.
9 Effective Date. This act shall take effect 60 days after its passage.
LBAO
09-0449
01/21/09
HB 573-FN - FISCAL NOTE
AN ACT relative to absentee voting.
FISCAL IMPACT:
The New Hampshire Municipal Association and Department of State state this bill will increase local expenditures and decrease state expenditures by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no fiscal impact on state, county and local revenue, or county expenditures.
METHODOLOGY:
The New Hampshire Municipal Association states this bill would allow any voter to vote by absentee ballot at any election, without any requirement that the voter be absent or unable to appear at the polling place. Allowing unrestricted absentee voting is likely to lead to significant increase in the number of voters choosing to vote by absentee ballot. This will require increased time, and therefore possibly increased expenditures for municipal election officials to mail and process applications, mail ballots, and open and process ballots when they are received. It also will require municipalities to pay for additional postage to mail the application and ballots. It is impossible, however, to predict how many more voters will apply for and use absentee ballots, or how much additional time will be required to process applications and ballots. The exact fiscal impact cannot be determined at this time.
The Department of State states this bill eliminates the reasons necessary for a voter to request an absentee ballot. While the bill will not eliminate the forms required to be printed for absentee voting, it would reduce the amount of text printed on those forms. The Department states they are unable to determine the extent to which printing costs would be reduced, but the savings would not be significant.