HB 626-FN – AS INTRODUCED
2009 SESSION
03/09
HOUSE BILL 626-FN
AN ACT requiring valid photo identification to vote in person.
SPONSORS: Rep. Boutin, Merr 9; Rep. Jasper, Hills 27; Rep. Hess, Merr 9; Sen. Roberge, Dist 9
This bill requires that a voter present a valid photo identification to vote in person. Voters without photo identification may vote by provisional ballot. This bill also eliminates the fee for nondriver’s picture identification cards.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0322
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT requiring valid photo identification to vote in person.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Obtaining a Ballot. Amend RSA 659:13 to read as follows:
659:13 Obtaining a Ballot.
I. 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. The ballot clerk shall request that the voter present a valid photo identification meeting the requirements of paragraph II. If the voter does not have a valid photo identification, the ballot clerk shall inform the voter that he or she may vote by provisional ballot in accordance with RSA 659:13-a and present a valid photo identification to the city or town clerk within 10 days of the election. The voter, if still qualified to vote in the town or ward and having presented a valid photo identification verifying the voter’s identity, 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.
II. A valid photo identification shall satisfy all the following:
(a) The identification shows the name of the individual to whom the identification was issued, and the name conforms to the name in the individual's voter registration record.
(b) The identification shows a photograph of the individual to whom the identification was issued.
(c) The identification includes an expiration date, and the identification is not expired.
(d) The identification was issued by the United States or the state of New Hampshire.
2 New Section; Provisional Ballot. Amend RSA 659 by inserting after section 13 the following new section:
659:13-a Provisional Ballot.
I. If a voter has not presented a valid voter identification under RSA 659:13 and is otherwise qualified to vote, the voter may cast a provisional ballot. The ballot clerk shall indicate on the checklist that the voter has voted by provisional ballot. The provisional ballot shall be the same as the ballot used at the polling place, but shall be sealed by the voter after he or she has marked the ballot in a provisional ballot envelope. The envelope shall contain an affidavit to be executed by the voter containing the same information as the affidavit of a challenged voter and shall sufficiently identify the voter to allow verification of the ballot once the voter has confirmed his or her identity.
II. The moderator shall retain possession of the provisional ballots in their sealed envelopes until the closing of the polls, at which time the moderator shall cause the provisional ballots to be delivered to the city or town clerk.
III. Within 10 days of the election, a voter who has cast a provisional ballot may appear in person before the city or town clerk and present a valid photo identification meeting the requirements of RSA 659:13, II. Upon satisfaction of the identity of the voter, the clerk shall mark the checklist and provisional ballot envelope to that effect. At the expiration of 10 days from the date of the election, the clerk shall forward all provisional ballots for which verification of identity has been provided to the moderator.
IV. The moderator, upon receipt of the verified provisional ballots, shall open the envelopes and count the votes. The moderator shall prepare an amended election return, which shall be prepared and forwarded in the same manner as any other election return. Provisional ballots shall be sealed and preserved in the same manner as other ballots.
3 Repeal. The following are repealed:
I. RSA 260:21, V, relative to fee for nondriver's picture identification card.
II. RSA 260:22, relative to disposition of fees.
4 Effective Date. This act shall take effect July 1, 2009.
LBAO
09-0322
01/22/09
HB 626-FN - FISCAL NOTE
AN ACT requiring valid photo identification to vote in person.
FISCAL IMPACT:
The Department of State, Department of Safety, and New Hampshire Municipal Association state this bill will increase state general fund and local expenditures by an indeterminable amount and will decrease highway fund revenue by $400,000 and local revenues by $48,000 in FY 2010 and each year thereafter. There will be no fiscal impact on county expenditures or revenues.
METHODOLOGY:
The Department of State states this bill requires voters to present photo identification to vote in person, requires a provisional ballot for voters without photo identification, and removes the fee for nondriver’s picture identification cards. The Department estimates printing special provisional ballot envelopes will increase state expenditures between $10,000 and $40,000 per election depending on the number of voters without photo identification. Also, the Department would be unable to issue official results and conduct recounts until at least 10 days after the election. The Department states this will require additional expenditures to meet statutory post-election deadlines. However, as the Department cannot predict the number of individuals voting without photo identification, the fiscal impact cannot be estimated at this time.
The Department of Safety states approximately 40,000 nondriver’s identification cards are issued annually, at a ten dollar fee. The Department states because the proposed bill removes the associated fee for nondriver’s picture identification cards, this bill would decrease state Highway Fund revenues by approximately $400,000 in FY 2010 and each year thereafter. A decrease in Highway Fund revenues would result in a decrease in highway fund expenditures and local revenue by 12 percent of the decrease in revenues, or $48,000 in FY 2010 and each year thereafter. The Department assumes this bill will not increase the average number of individuals annually obtaining nondriver’s identification cards.
The New Hampshire Municipal Association states the implementation of the provisional ballot and the procedures associated with it will result in increased administrative burden for election officials overseeing use of the ballots and clerks, thereby increasing local expenditures.
LBAO
09-0322
01/22/09
However, as the Association cannot predict the number of individuals voting without photo identification, the fiscal impact cannot be estimated at this time.
This bill does not include an appropriation.