HB614 (2009) Detail

(New Title) relative to domicile of students for voting purposes and relative to absentee ballot application forms.


CHAPTER 288

HB 614 – FINAL VERSION

25Mar2009… 0728h

05/27/09 1613s

2009 SESSION

09-0291

03/09

HOUSE BILL 614

AN ACT relative to domicile of students for voting purposes and relative to absentee ballot application forms.

SPONSORS: Rep. Pierce, Graf 9; Rep. Nordgren, Graf 9; Rep. Benn, Graf 9; Rep. Weed, Ches 3; Rep. M. Smith, Straf 7; Sen. Houde, Dist 5

COMMITTEE: Election Law

AMENDED ANALYSIS

This bill authorizes a student at an institution of learning to claim domicile for voting purposes in the town or city in which he or she lives while attending the institution of learning. This bill also deletes the date of birth reference on absentee ballot application forms.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25Mar2009… 0728h

05/27/09 1613s

09-0291

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to domicile of students for voting purposes and relative to absentee ballot application forms.

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

288:1 New Paragraph; Voters and Checklists; Eligibility; Domicile; Students. Amend RSA 654:1 by inserting after paragraph I the following new paragraph:

I-a. A student of any institution of learning may lawfully claim domicile for voting purposes in the New Hampshire town or city in which he or she lives while attending such institution of learning if such student’s claim of domicile otherwise meets the requirements of RSA 654:1, I.

288:2 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

288:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 29, 2009

Effective Date: September 27, 2009