Revision: Jan. 26, 2009, midnight
HB 623 – AS INTRODUCED
2009 SESSION
03/04
HOUSE BILL 623
AN ACT making various changes to the election laws.
This bill makes various changes to the election laws.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0825
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT making various changes to the election laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Disposition and Retention Schedule. Amend RSA 33-A:3-a, XXXVI-XXXVIII to read as follows:
XXXVI. Elections-federal elections ballots in contested elections, by the town clerk: until the contest is settled or all appeals have expired or at least 22 months after the election, whichever is longer.
XXXVII. Elections-not federal, all other ballots in contested elections, by the town clerk: until the contest is settled or all appeals have expired or at least 60 days after the election, whichever is longer.
XXXVIII. Elections-challenge:
(a) Affidavits in contested elections, by the town clerk: until the contest is settled or all appeals have expired or at least one year after the election, whichever is longer.
(b) Forms in contested elections, by the town clerk: until the contest is settled or all appeals have expired or at least one year after the election, whichever is longer.
2 Disposition and Retention Schedule. Amend RSA 33-A:3-a, CXLI to read as follows:
CXLI. Voter registration:
(a) [Purged record cards] Form: until voter is removed from checklist plus 5 years.
(b) Same day, returned to undeclared status, report from statewide centralized voter registration database: 5 years.
(c) Same day, returned to undeclared status, form: until voter is removed from checklist plus 5 years.
(d) Party change form: until voter is removed from checklist plus 5 years.
(e) Form, rejected: 5 years.
(f) Citizenship affidavit: until voter is removed from checklist plus 5 years.
(g) Domicile affidavit: until voter is removed from checklist plus 5 years.
(h) Challenged voter affidavit used on election day for identification: until voter is removed from checklist plus 5 years.
(i) Overseas absentee application: until voter is removed from checklist plus 5 years.
(j) Absentee ballot voter application form in the federal post card application format, for voters not previously on the checklist: until voter is removed from checklist plus 5 years.
(k) Absentee ballot affidavit envelope for voters not previously on the checklist: until voter is removed from checklist plus 5 years.
(l) Notice of removal, 30-day notice: until voter is removed from checklist plus 5 years.
(m) Report of death: until voter is removed from checklist plus 5 years.
(n) Report of change of address: until voter is removed from checklist plus 5 years.
(o) Report of transfer: until voter is removed from checklist plus 5 years.
3 New Paragraphs; Disposition and Retention Schedule. Amend RSA 33-A:3-a by inserting after paragraph CLIV the following new paragraphs:
CLV. Absentee ballot application, contested elections, clerk copy, by the town clerk: until the contest is settled or all appeals have expired or at least one year after the election, whichever is longer.
CLVI. Absentee ballot application, supervisors of the checklist copy: until voter is removed from checklist plus 5 years.
CLVII. Election returns: permanently.
CLVIII. Rejected absentee ballots:
(a) Contested federal elections, by the town clerk: until the contest is settled or all appeals have expired or at least 22 months after the election, whichever is longer.
(b) Contested non-federal elections, by the town clerk: until the contest is settled or all appeals have expired or at least 60 days after the election, whichever is longer.
CLIX. Successfully challenged absentee ballots:
(a) Contested federal elections, by the town clerk: until the contest is settled or all appeals have expired or at least 22 months after the election, whichever is longer.
(b) Contested non-federal elections, by the town clerk: until the contest is settled or all appeals have expired or at least 60 days after the election, whichever is longer.
4 Election Manual. Amend RSA 652:22 to read as follows:
652:22 Authority; Format; Distribution. The secretary of state, with the advice and approval of the attorney general, shall prepare or cause to be prepared [by June 1] preceding each state general election an up-to-date manual on the New Hampshire election laws and procedures for conducting elections. The manual shall be written in nontechnical language. The manual shall be distributed free of charge to each moderator, board of selectmen, city council, and board of supervisors of the checklist and to each town, city, and ward clerk. The secretary of state may distribute the manual in either electronic or printed format. The secretary of state may distribute said manual to any other person who requests it.
5 Determining Qualifications of Applicant. Amend RSA 654:12, I(a)-(c) to read as follows:
(a) CITIZENSHIP. The supervisors of the checklist, or the town or city clerk, shall accept from the applicant any one of the following as proof of citizenship: the applicant’s birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, a citizenship affidavit, or any other reasonable documentation which indicates the applicant is a United States citizen. The citizenship affidavit shall be in the following form, and shall be retained in accordance with RSA 33-A:3-a:
Date: ____________________
CITIZENSHIP AFFIDAVIT
Name: ______________________________
Name at birth if different: ______________________________
Place of birth: ______________________________
Date of birth: __________
Date and Place of Naturalization: ____________________________
I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am a United States citizen and that to the best of my knowledge and belief the information above is true and correct.
____________________
(Signature of applicant)
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.
On the date shown above, before me, ____________________ (print name of notary public, justice of the peace, election officer), appeared ____________________ (print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.
____________________
Notary Public/Justice of the
Peace/Official Authorized by RSA 659:30
(b) AGE. Any reasonable documentation indicating the applicant [is] will be 18 years of age or older at the next election.
(c) DOMICILE. Any reasonable documentation which indicates that the applicant has a domicile and intends to maintain a domicile, as defined in this chapter, in the town, city or ward in which he or she desires to vote, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, an affidavit in the following form, which shall be retained in accordance with RSA 33-A:3-a:
DOMICILE AFFIDAVIT
Date: __________
Name: ____________________
Current Domicile Address: ____________________
Street Ward Number
____________________
Town or City Zip Code
Date when current domicile was established: Month: _______ Year:_______
Place and date of birth: ____________________
Address of last previous domicile: ____________________
Street Ward Number
____________________
Town or City Zip Code
I hereby swear and affirm, under the penalties for voting fraud set forth below, that my established domicile is at the current domicile address I have entered above and that to the best of my knowledge and belief the information above is true and correct.
____________________
(Signature of applicant)
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.
On the date shown above, before me, __________ (print name of notary public, justice of the peace, election officer), appeared __________ ( print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.
____________________
Notary Public/Justice of the
Peace/Official Authorized by RSA 659:30
6 Determining Qualifications of Applicant. Amend RSA 654:12, III to read as follows:
III. To prove the qualifications set forth in paragraphs I and II, an applicant for registration as a voter must prove his or her identity to establish that the evidence used to prove age, citizenship, and domicile relate to the applicant. A person who has in his or her immediate possession a photo identification approved for use by paragraph II must present that identification when applying for registration. A person who does not have an approved photo identification with him or her may establish identity through any reasonable means, including, but not limited to: photo identification not approved by paragraph II, but determined to be legitimate by the supervisors of the checklist or clerk, verification of the person’s identity by another person registered as a voter and known to the supervisor or clerk, or completion of the affidavit to be completed by a challenged voter, which shall be retained in accordance with RSA 33-A:3-a. Residents of a nursing home or similar facility may prove their identity through verification of identity by the administrator of the facility or by his or her designee. For the purposes of this section, the application of a person whose identity has been verified by an official of a nursing home or similar facility shall be treated in the same manner as the application of a person who proved his or her identity with a photo identification.
7 Actions by Supervisors. Amend RSA 654:13, I to read as follows:
I. If the supervisors decide to add the name of the applicant to the checklist, then they shall retain the original of the registration form for their own file, which shall be retained in accordance with RSA 33-A:3-a, forward one copy to the supervisors of the checklist of the city or town of the applicant’s last voting address if said address is in the state of [New Hampshire,] Vermont, Maine, Massachusetts, Connecticut, or Rhode Island, and send another copy to the clerk of their town or city. Upon entry of the voter record in the statewide centralized voter registration database, the supervisors of the checklist in another New Hampshire city or town will receive notice through the statewide centralized voter registration database that the voter has moved.
8 Overseas Absentee Registration Affidavit. Amend RSA 654:20 to read as follows:
654:20 Overseas Absentee Registration Affidavit. Any person qualified to vote as an overseas voter in a city or town as provided in RSA 654:3, because he or she is domiciled outside the United States, may apply to the city or town clerk or to the secretary of state for an overseas citizens federal election absentee registration affidavit. Such affidavit shall be prepared by the secretary of state and shall be in substantially the following form:
Overseas Absentee Registration Affidavit
I, __________, do hereby swear or affirm, under the penalties for voting fraud set forth below, the following:
1) That I am a United States citizen; Place of Birth: City:__________ State:__________ Country:__________;
2) That I have been domiciled in Canada or Mexico or any other country outside the continental United States since __________;
(month) (year)
3) That I hold a valid passport or card of identity with Registration No. _________ issued by the United States Secretary of State;
4) That, immediately prior to my departure from the United States, I was legally domiciled in the state of New Hampshire at the following address:
____________________
Street and Number or Rural Route, etc.
___________________
City or Town
5) That I will be of the age of 18 years or older on election day, have complied with all applicable qualifications and requirements of the state of New Hampshire, and am entitled to vote in the next subsequent federal election to be held in said state; Date of Birth: ____(mm)/____(dd)/____(yyyy);
6) That I do NOT maintain a domicile, am NOT registered to vote, and am NOT voting in any other state, territory, or possession of the United States, or election district thereof;
7) That my party affiliation (if any) is ____________________
8) That my permanent address outside the continental United States is:
____________________
Street or Route Number
___________________
City, Province, County
9) That I hereby make application for the addition of my name to the checklist of _________________________, New Hampshire, as an overseas citizen living outside the continental United States entitled to vote in any federal election held therein.
____________________
Signature of Applicant
____________________
Date
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 Change of Registration. Amend RSA 654:34, V to read as follows:
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 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 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 [ ]
Signed under the pains and penalties of perjury.
___________________________
(b) The supervisors of the checklist, upon receipt of such a card, shall keep it [until] in accordance with RSA 33-A:3-a and at their next session of supervisors of the checklist [for changing party registration at which time the sender’s party registration] shall [be changed] change the party of the voter as indicated on the card.
10 Changes of Registration. Amend RSA 654:34-a, VII to read as follows:
VII. The town or city clerk shall present to the next meeting of the supervisors of the checklist, in accordance with the checklist guidelines as provided by RSA 654:25, the name of any person who made application to him or her for a change of party affiliation and the name of the party with which [he] the person desires to be affiliated or that he or she desires to be affiliated with no party. The supervisors of the checklist shall cause the party affiliation of the applicant to be changed on the checklist. Any change submitted which is prohibited by the provisions of RSA 654:34, IV shall be [retained] kept by the supervisors until acted upon; and the change shall be made as soon as permitted by law. Forms shall be retained in accordance with RSA 33-A:3-a.
11 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, or any other state, 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 in accordance with RSA 33-A:3-a as proof of their reasoning in striking the name from the checklist.
12 Request to Correct Checklist. Amend RSA 654:36-a, II to read as follows:
II. If the supervisors of the checklist determine that it is more likely than not that the person’s qualifications are in doubt, they shall send a notice to the person and afford the person at least 30 days to provide proof of his or her qualifications. If the person fails to respond to the 30-day notice or responds but fails to provide proof that establishes that it is more likely than not that the person is qualified to vote in the town or ward, the person's name shall be removed from the checklist. The supervisors of the checklist shall retain a copy of the notice in accordance with RSA 33-A:3-a.
13 Reports of Change of Address. Amend RSA 654:36-b to read as follows:
654:36-b Reports of Change of Address. If the supervisors of the checklist receive a report from the United States Postal Service or the department of safety directly or as communicated by the secretary of state through the centralized voter registration database that a voter has permanently changed his or her address to another town, city, or state, they shall strike that name from the checklist at the next session for the correction of the checklist. The supervisors of the checklist shall retain the report in accordance with RSA 33-A:3-a. As an alternative, the supervisors of the checklist may first send a 30-day notice letter and then shall remove the name from the checklist if the voter does not respond to that notice as set forth in RSA 654:44.
14 Reports of Death. Amend RSA 654:37 to read as follows:
654:37 Reports of Death. Whenever there is filed in [his] the office of the clerk 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 shall examine the checklist; and, if the name of said deceased person appears thereon, it shall be removed [prior to the next election]. The notice shall be retained in accordance with RSA 33-A:3-a. 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.
15 Verification Every 10 Years. Amend RSA 654:39, IV to read as follows:
IV. For the purpose of this section, a person shall be deemed reregistered and need not appear before the supervisors if[:
(a)] the person voted in [either of the 2 previous state general elections] any election 4 years and 6 months immediately preceding a 10-year verification[; or
(b) The person voted in the annual town election in the year of a 10-year verification or, if in a city, the most recent regular city election held prior to the verification].
16 Removing Names from Checklist. Amend RSA 654:44, I to read as follows:
I. The supervisors shall remove no person's name from the checklist of their town or ward unless they shall send notice by mail to the last known address of the person whose name they wish to remove from the checklist stating the reason they are considering removing such person's name from the checklist. Such notice shall also state the time and the place at which the supervisors shall meet to consider the removal of that person's name and shall give the date of such meeting which shall be at least 30 days after they send such notice. At such meeting, the person whose name the supervisors wish to remove shall have a chance as he or she wishes to state in person or to present in writing personally, or by mail or other messenger, or by any such combination of these as [he] the person chooses, the reasons why his or her name should be left on the checklist. The supervisors shall not remove a person's name from the checklist until after the completion of the written or oral statement, if any, of the person whose name they wish to remove from the checklist at the meeting held at least 30 days after they sent the notice this section requires. The supervisors shall keep records [as proof of compliance with this paragraph] in accordance with RSA 33-A:3-a.
17 Personal Filing. Amend RSA 655:16 to read as follows:
655:16 Personal Filing. Except for those who must file with a town or city clerk, any person who files [for a primary] on the last day of the filing period must do so in person before the secretary of state; provided, however, that this requirement shall not apply to the filling of vacancies by party committees.
18 Disqualification or Death of Candidate. Amend RSA 655:38 and RSA 655:39 to read as follows:
655:38 Disqualification of Candidate. If a candidate to be voted for at the general election shall make oath between the date of the candidate’s nomination and the day of the election that he or she does not qualify for the public office which he or she seeks because of age, domicile, or incapacitating physical disability acquired subsequent to the primary, the secretary of state may remove said person’s name from the ballot. A new candidate may be substituted by the appropriate party committee by submitting the name of the new candidate to the secretary of state within [5] 3 days of the notice of disqualification. The name of the substitute candidate shall be placed on the ballots as provided in RSA 656:21.
655:39 Death of Candidate. If any candidate to be voted for at the general election shall die between the date of nomination and the day of election, a new candidate may be substituted by the appropriate party committee by submitting the name of the new candidate to the secretary of state within [5] 3 days of the notice of death. The name of the substitute candidate shall be placed on the ballots as provided in RSA 656:21.
19 Nomination Papers; General Provisions. Amend RSA 655:40 to read as follows:
655:40 General Provisions. As an alternative to nomination by party primary, a candidate may have his or her name placed on the ballot for the state general election by submitting the requisite number of nomination papers. Such papers shall contain the name and domicile of the candidate, the office for which the candidate is nominated, and the political organization or principles the candidate represents. Nomination papers shall be signed by such persons only as are registered to vote at the state general election. No voter shall sign more than one nomination paper for each office to be voted for, and no nomination paper shall contain the names of more candidates than there are offices to be filled. Each voter shall sign and date an individual nomination paper. Nomination papers shall be dated in the year of the election.
20 Number of Nomination Papers. Amend RSA 655:42, I-II to read as follows:
I. It shall require the names of 3,000 registered voters, 1,500 from each United States congressional district in the state, to nominate by nomination papers a candidate for president, [vice-president,] United States senator, or governor.
II. It shall require the names of 1,500 [registered] voters registered in the district to nominate by nomination papers a candidate for United States representative; 750 to nominate a candidate for councilor or state senator; and 150 to nominate a candidate for state representative or county officer.
21 Filing Deadline. Amend RSA 655:43, II to read as follows:
II. No candidate who intends to run for any state or federal office in the state general election by means of nomination papers shall have his or her name placed on the ballot unless the candidate files a declaration of intent, as provided in RSA 655:17-a or 655:17-b, within the filing deadline required by RSA 655:14-a. Any person who files on the last day of the filing period must do so in person before the secretary of state.
22 Substitute Candidates. Amend RSA 656:21 to read as follows:
656:21 Pasters; Substitute Candidates. In the event that a candidate dies or is disqualified as provided in RSA 655:38 or 655:39, the name of the substitute candidate shall be printed on the state general election ballot. If the state general election ballots have already been prepared and time will permit, the secretary of state may authorize adhesive slips or pasters with the name of the substitute candidate thereon to be printed and sent to the town or city clerks representing the territory wherein the deceased or disqualified candidate was to be voted for. Such paster shall be affixed to the ballots as provided in RSA 658:34. The name of the substitute candidate shall be received by the secretary of state no later than the second Tuesday prior to the election in order for a substitute name to be placed on the ballot.
23 Refusal to Certify; Procedure. Amend RSA 657:16 to read as follows:
657:16 Refusal to Certify; Procedure. If he or she refuses to certify the application, the town or city clerk shall notify the applicant in writing within 7 days to that effect. The town or city clerk shall provide the applicant with an absentee ballot and a notice that the ballot will not be counted unless the applicant submits the documents necessary to complete an absentee registration. The applicant shall be advised in writing what documents, if any, have been received in proper form and which the applicant must submit in the return envelope that contains the absentee ballot affidavit envelope. The town or city clerk shall mark the exterior of the absentee ballot affidavit envelope with the words “Not Registered.” If the applicant returns the required documents in proper form with the absentee ballot and if the applicant is found to be qualified, [he or she] the town or city clerk shall forward the registration forms to the supervisors of the checklist and the applicant shall be registered and his or her absentee ballot shall be processed in the same manner as the absentee ballot of a previously registered voter. If the ballot is returned without the required documents in proper form, the ballot shall be marked and preserved in the manner set for forth by [law for successfully challenged absentee ballots] RSA 33-A:3-a. The clerk shall preserve the application of any applicant who is not registered as a voter until the time set by law for the destruction of the ballots after the election at which time the application shall be destroyed. Any justice of the superior court has jurisdiction in equity upon such notice as he or she may order to require that the name of the person making application for an absentee ballot be placed upon the checklist or registered as a member of any party and be sent an absentee ballot.
24 Sending Ballots. Amend RSA 657:19 to read as follows:
657:19 Sending Ballots. Upon receipt of a properly executed application for an official armed services absentee ballot or an overseas citizens federal election absentee ballot, whether the form supplied by the secretary of state, the federal post card application, or a written statement containing the information required by RSA 657:4, a town or city clerk shall send the materials provided for in RSA 657:8 or 657:9, as applicable, regardless of whether the applicant appears on the checklist, and if the applicant requests that the application be considered an application for an absentee ballot for each subsequent election for federal office through the next 2 regularly scheduled general elections, including primaries, for federal office, the town or city clerk shall provide an absentee ballot to the applicant for each such subsequent election. The town or city clerk shall forward a copy of the applicant’s registration forms to the supervisors of the checklist. Whenever an armed services voter or overseas citizen federal voter requests a state general election ballot prior to October 1 to be mailed to an address outside of the United States, he or she shall be sent the same ballot as provided in RSA 656:34. No town or city clerk shall refuse to accept or process an otherwise valid voter registration application or absentee ballot application submitted by an absent armed services voter or federal overseas citizen voter on the grounds that the application was submitted before the first date on which the state otherwise accepts or processes such applications for that election submitted by absentee voters. A town or city clerk who does not certify a voter registration application or absentee ballot application shall provide the absent armed services voter or federal overseas citizen voter the reason for not certifying a voter registration application or an absentee ballot application.
25 Federal Post Card Application. Amend RSA 657:19-a to read as follows:
657:19-a Federal Post Card Application. An armed services voter or federal overseas citizen voter who is domiciled outside the United States qualified to vote in New Hampshire may request an absentee ballot by completing a federal post card application form provided by the United States government, and sending it to the town or city clerk of his or her last domicile. [The applicant may request an absentee ballot for all elections in which he or she is qualified to cast a ballot during the calendar year.] The town or city clerk shall forward a copy of the armed services voter or federal overseas citizen voter’s registration forms to the supervisors of the checklist.
26 Registration of Voters. Amend RSA 657:21 to read as follows:
657:21 Registration of Voters. Upon receipt of a return envelope containing an armed services or overseas citizen federal election absentee ballot, the clerk of the city or town shall open and retain said envelope and deliver the affidavit envelope to the supervisors of the checklist of the voting place indicated thereon. If the voter is not registered, the appropriate affidavit appearing on said envelope, if properly executed, shall be prima facie evidence of the voter's qualifications to become a voter and his or her name shall be added to the checklist at the next session of the supervisors of the checklist. The supervisors of the checklist shall [then] retain a copy of the affidavit in accordance with RSA 33-A:3-a and return the affidavit envelopes unopened to the city or town clerk who shall see that they agree in number with the mailing envelopes. Said clerk shall attach the application for an armed services or overseas citizen federal election absentee ballot submitted by said voter to the 2 corresponding envelopes and retain them until election day.
27 Obtaining a Ballot. Amend RSA 659:13 to read as follows:
659:13 Obtaining a Ballot. A person desiring to vote shall, before being admitted to the enclosed space within the guardrail, announce his or her name to one of the ballot clerks who shall thereupon repeat the name; and, if the name is found on the checklist by the ballot clerk, the ballot clerk shall put a checkmark beside it and again repeat the name. The ballot clerk shall state the address listed on the checklist for the voter, and ask if the address is correct; if the address on the checklist is not correct, the ballot clerk shall correct the address in red on the paper checklist and the supervisors of the checklist shall cause the centralized voter registration database to reflect the correction. If the voter indicates that his or her name has changed, the ballot clerk shall refer the voter to the supervisors of the checklist and await their decision whether to place the changed name on the checklist prior to permitting such voter to obtain a ballot. If the voter indicates, at a general election, that his or her party has changed, the ballot clerk shall refer the voter to the supervisors of the checklist and await their decision whether to change the person’s party affiliation on the checklist. The voter, if still qualified to vote in the town or ward and unless challenged as provided for in RSA 659:27-33, shall then be allowed to enter the space enclosed by the guardrail. After the voter enters the enclosed space, the ballot clerk shall give the voter one of each ballot to be voted on in that election which shall be folded as it was upon receipt from the secretary of state.
28 Voting on Questions. Amend RSA 659:19 to read as follows:
659:19 Voting on Questions. A voter shall vote on questions submitted to voters by making [a cross (X) in the square] an appropriate mark as instructed on the ballot next to the answer he or she desires to give.
29 Affidavits Preserved. Amend RSA 659:33 to read as follows:
659:33 Affidavits Preserved. The town clerk shall preserve all affidavits of challenged voters as provided in RSA [659:103] 33-A:3-a.
30 Challenges. Amend RSA 659:51 to read as follows:
659:51 Challenges. All absentee ballots are subject to challenge after the moderator publicly announces the name of the absentee voter but not after the ballot is removed from the envelope. A person who makes a challenge shall state the reason for the challenge. If the ballot is challenged, the moderator shall write on the affidavit envelope containing the ballot the word “challenged” and the name and address of the person who makes the challenge and the basis of the challenge. The moderator shall also number each challenged envelope consecutively by marking, for example, the first challenged ballot “Challenged Ballot No. 1.” The moderator shall then determine if the challenge to the ballot is well grounded. If the moderator decides the challenge is well grounded, [he] the moderator shall not open the envelope but shall preserve it with the other ballots cast at the election as provided in RSA [659:101] 659:95. If the moderator decides that the challenge is not well grounded, [he] the moderator shall open the affidavit envelope so the affidavit thereon is not destroyed and proceed first to mark on the reverse of the folded ballot the corresponding challenge number as previously marked on the envelope. [He] The moderator shall then proceed to deposit the ballot as provided in RSA 659:52.
31 Opening Envelope; Depositing Ballot. Amend RSA 659:52 to read as follows:
659:52 Opening Envelope; Depositing Ballot. If the absentee ballot is not challenged, the moderator shall, after announcing the name of the voter, open the affidavit envelope containing the ballot so the affidavit on the envelope is not destroyed. [He] The moderator shall then take the ballot out of the envelope without unfolding the ballot or without permitting the ballot to be examined, and [he] shall [preserve] deliver the affidavit envelope [with the ballots cast at the election as provided in RSA 659:101] to the town or city clerk upon the closing of the polls. The moderator shall [then] have a checkmark placed beside the name of the absentee voter on the checklist and write therewith the letters “A.V.” in red ink and shall then deposit the ballot in the ballot box.
32 Forms Not in Order. Amend RSA 659:53 to read as follows:
659:53 Forms Not in Order. If the moderator finds that the absentee voter is not entitled to vote, [he] the moderator shall not open the envelope and shall mark across the face of the envelope the reason the ballot is rejected, such as “rejected as not a voter”, “voted in person”, “affidavit improperly executed”, “not signed by proper person”, or whatever the reason is. The moderator shall save all the unopened envelopes and shall preserve the envelopes with the ballots cast at the election as provided in RSA [659:101] 659:95 and RSA 33-A:3-a.
33 Reference Changed. Amend RSA 659:61 to read as follows:
659:61 Votes Counted After Processing of Absentee Ballots. After all absentee ballots have been processed, or processed and counted, as provided in RSA 659:49-55 and after the polls have closed, the election officials, except those disqualified in accordance with RSA [659:58] 658:24, shall, under the supervision of the moderator, immediately begin counting the votes cast at the election.
34 Forwarding; Retaining Copies of Return. Amend RSA 659:75 to read as follows:
659:75 Forwarding; Retaining Copies of Return. One copy of the election return shall be forwarded by the town or ward clerk to the secretary of state no later than the Monday following a state election unless the secretary of state orders them sooner. The other shall be kept by the town or city clerk in accordance with RSA 33-A:3-a and shall be open to public inspection at reasonable times. If an official state election return is sealed along with the ballots, the clerk having custody of the sealed ballots shall, at the request of the secretary of state, and in the presence of a state election official, unseal the ballots and retrieve the election return. The ballots shall be immediately resealed and the election return shall be delivered to the secretary of state by the election official.
35 Presidential Primary; Notice of Apportionment. Amend RSA 659:93, V to read as follows:
V. After determining the apportionment of delegates according to this section, the secretary of state shall send by mail notice to each candidate the number of delegates to which he or she is entitled pursuant to this section. The candidate shall within [10] 30 days after notice is sent to him or her notify the secretary of state of which delegates and alternates on the list filed pursuant to RSA 655:50 that he or she chooses to be his or her delegation at the national convention. The secretary of state shall then notify by mail each delegate and alternate chosen by the candidate to support his or her candidacy at the national convention.
36 Sealing and Certifying Ballots. Amend RSA 659:95 to read as follows:
I. Immediately after the ballots cast at a state election have been tabulated and the result has been announced and the return has been made, the moderator or the moderator's designee, in the presence of the selectmen or their designee, shall place the cast, cancelled, and uncast ballots, including such ballots from any additional polling places, and further including the successfully challenged and rejected absentee ballots still contained in their envelopes, in the containers provided by the secretary of state as required by RSA 659:97 and shall seal such container with the sealer provided by the secretary of state as required by RSA 659:97. The moderator or the moderator's designee shall then enter in the appropriate blanks on such sealer on each container the number of cast, cancelled, and uncast ballots in such container and shall endorse in the appropriate place on such sealer a certificate in substance as follows: Enclosed are the ballots from the state election in the town of ______________ (or in ward _______________ in the city of _________________) held on __________, 20___, required by law to be preserved. The moderator shall identify on each sealer what number the container is and the total number of ballot containers from that town or ward as follows: Box ___ of ___. The moderator and the selectmen or their designee shall sign their names in the appropriate blanks on the sealer.
II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged and rejected absentee ballots still contained in their envelopes, prepared or preserved in accordance with the election laws shall be exempt from the provisions of RSA 91-A. This exemption shall apply to any ballots or absentee voter affidavit envelopes prepared for or used in any election conducted by the state or any political subdivision, including federal elections.
37 Delivery of Ballots to Town Clerk. Amend RSA 659:98 to read as follows:
659:98 Delivery of Ballots to Town Clerk. The moderator, or [his] the moderator’s designee, and the selectmen, or their designee, after they have sealed and certified the state election ballots as provided in RSA 659:95 and [96] RSA 659:96, shall deliver the sealed containers to the town or city clerk, or to [his] the clerk’s designee, who shall in their presence enter in the appropriate place on each sealer the time of day and shall sign his or her name in the appropriate blank on the sealer. The clerk or [his] the clerk’s designee shall, without breaking the seals or otherwise changing the condition of the containers, deposit the containers in the town or city hall, where the ballots shall be kept for a period [of 60 days] set forth in RSA 33-A:3-a.
38 Destruction of Ballots. Amend RSA 659:100 to read as follows:
659:100 Destruction of Ballots. All state election ballots remaining in the possession of the town or city clerk may be destroyed [at the expiration of 60 days after a state election] in accordance with RSA 33-A:3-a.
39 Preservation of Voting Materials. Amend RSA 659:101 to read as follows:
659:101 Preservation of Absentee Voting Materials, Election Day Affidavits, and Domicile Affidavits. The affidavit envelopes and application forms processed by the moderator as provided in RSA 659:50, and the citizenship affidavits and domicile affidavits as provided in RSA 654:12 and any other documentary proof of qualifications retained by the town or city clerk, the supervisors of the checklist, or other election official [may] shall be preserved in [the same manner that ballots are preserved] accordance with RSA 33-A:3-a. Citizenship, voter registration, and domicile affidavits shall be retained for [3 years after the election in which they are used] the period set forth in RSA 33-A:3-a, and other materials may be destroyed [one year after the first state general election at which the individual may vote] after the election is settled and all appeals have expired or at least one year after the election, whichever is longer.
40 Preservation of Checklists. Amend RSA 659:102 to read as follows:
659:102 Preservation of Checklists. No later than the second Friday after each regular state general election, and for each presidential primary election, the supervisors of the checklist in the towns, and the corresponding officers in the cities, shall send one of the marked checklists which were used in that election, certified by the officers, to the state archives. In addition, they shall send one of the unmarked checklists which were used in the state general election at which a president was elected to the clerk of the federal district court for the district of New Hampshire. One marked copy of every checklist used in any election shall be turned over to the town or city clerk by the supervisors. The clerk shall preserve such checklists in his or her custody for a public record for a period [of no less than 5 years] set forth in RSA 33-A:3-a.
41 Repeal. RSA 659:58, relative to disqualification of officials, is repealed.
42 Effective Date. This act shall take effect 60 days after its passage.