HB 669-FN – AS INTRODUCED
2009 SESSION
03/05
HOUSE BILL 669-FN
AN ACT relative to registering to vote.
SPONSORS: Rep. G. Katsakiores, Rock 5
This bill eliminates election day voter registration and enacts provisions of the National Voter Registration Act. This bill also eliminates domicile affidavits.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0814
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to registering to vote.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Voter Registration Form. Amend RSA 654:7 to read as follows:
654:7 Voter Registration Form. A standard registration application form shall be used throughout the state. The registration form shall be no larger than 8½ inches by 11 inches. The secretary of state shall prescribe the form of the voter registration form, which shall be in substantially the following form:
Date ______________
VOTER REGISTRATION FORM
(Please print or type)
1. Name __________________________________________________________________________
Last (suffix) First Full Middle Name
2. Address ________________________________________________________________________
Street Ward Number
____________________________________________________________________
Town or City Zip Code
3. Mailing Address if ______________________________________________________________
different than in 2 Street Ward Number
_________________________________________________________
Town or City Zip Code
4. Place and Date of Birth __________________________________________________________
Town or City State
Date _______________________
5. If a naturalized citizen, give name of court where and date when naturalized ______________________________________________________________________________________
6. Place last registered to vote _____________________________________________________
Town or City
______________________________________________________________________________________
Street Ward Number
7. Name under which previously registered, if different from above ______________________________________________________________________________________
8. Party Affiliation (if any) _________________________________________________________
9. Driver’s License Number _________________________________State _____
If you do not have a valid driver’s license, provide the last four digits of your social security number ___ ___ ___ ___
My name is ___________________. I am today registering to vote in the city/town of ____________________, New Hampshire.
I understand that to vote in this city/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this city/town.
I understand that I can claim only one city/town as my domicile at a time. A domicile is that place, more than any other, where I sleep most nights of the year, or to which I intend to return after a temporary absence. By registering or voting today, I acknowledge that I am not registering to vote or voting in any other city/town.
I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town[, and, if registering on election day, that I have not voted and will not vote at any other polling place this election].
___________________________ _________________________________________
Date 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.
2 Voters and Checklists; Determining Qualifications of Applicant; Domicile Affidavits. Amend RSA 654:12, I to read as follows:
I. When determining the qualifications of an applicant, the supervisors of the checklist, or the town or city clerk, shall require the applicant to present proof of citizenship, age, and domicile, as provided in the following categories:
(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:
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 18 years of age or older.
(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:
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 RSA659:30].
3 New Subdivision; Additional Voter Registration Procedures. Amend RSA 654 by inserting after section 46 the following new subdivision:
Additional Voter Registration Procedures
654:47 Definitions. In this subdivision:
I. “Motor vehicle driver’s license” means any personal identification document issued by the department of safety.
II. “Voter registration agency” means an office designated to perform specific voter registration activities.
654:48 Voter Registration Agencies.
I. There are designated the following voter registration agencies:
(a) The department of health and human services.
(b) The department of education.
II. At each voter registration agency, the following services shall be available:
(a) Distribution of voter registration application forms in accordance with this chapter.
(b) Assistance to applicants in completing voter registration application forms, unless the applicant refuses the assistance.
(c) Acceptance of completed voter registration application forms for transmittal to the appropriate supervisors of the checklist.
III. If a voter registration agency designated under the provisions of this section provides services to a person with a disability at the person’s home, the agency shall provide the services described in paragraph II at the person’s home.
IV. A person who provides services described in paragraph II shall not:
(a) Seek to influence an applicant’s political preference;
(b) Display a political preference or party allegiance;
(c) Make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote; or
(d) Make any statement to an applicant or take any action, the purpose or effect of which is to lead the applicant to believe that a decision to register to vote has any bearing on the availability of services or benefits.
V. A voter registration agency that is an office that provides service or assistance in addition to conducting voter registration shall:
(a) Distribute to each applicant for the service or assistance, and with each recertification, renewal, or change of address form relating to the service or assistance, the voter registration application form, including a statement that:
(1) Specifies each eligibility requirement (including citizenship);
(2) Contains an attestation that the applicant meets the requirement; and
(3) Requires the signature of the applicant, under penalty of perjury; or
(b) Provide a form that includes:
(1) The question, “If you are not registered to vote where you live now, would you like to apply to register to vote here today?”
(2) If the agency provides public assistance, the statement, “Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.”
(3) Boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote (failure to check either box being considered to constitute a declination to register for purposes of paragraph VI), together with the statement (in close proximity to the boxes and in prominent type), “IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.”
(4) The statement, “If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.”
(5) The statement, “If you believe that someone has interfered with your right to register or decline to register to vote, your privacy in deciding whether to register, or in applying to register to vote, you may file a complaint with the State Attorney General.” The name, address, and telephone number of the attorney general shall be printed on the form.
(c) Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses the assistance.
VI. No information relating to a declination to register to vote in connection with an application made at voter registration agency may be used for any purpose other than voter registration.
VII.(a) A completed registration application accepted at a voter registration agency shall be transmitted to the appropriate supervisors of the checklist not later than 10 days after acceptance.
(b) If a registration application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate supervisors of the checklist not later than 5 days after the date of acceptance.
654:49 Driver’s License Application.
I. Each state motor vehicle driver’s license application, including a renewal application, submitted to the department of safety, division of motor vehicles, serves as an application for voter registration unless the applicant fails to sign the voter registration application. Failure to sign the voter registration portion of the driver’s license application serves as a declination to register.
II. An application for voter registration submitted under paragraph I shall be considered to update any previous voter registration by the applicant.
III. No information relating to the failure of an applicant for a state motor vehicle driver’s license to sign a voter registration application may be used for any purpose other than voter registration.
IV. The department of safety, division of motor vehicles, shall include a voter registration form as part of an application for a state motor vehicle driver’s license.
V. The voter registration application portion of an application for a state motor vehicle driver’s license:
(a) Shall not require any information that duplicates information required in the driver’s license portion of the form, other than a second signature or other information necessary under subparagraph (c);
(b) Shall require only the minimum amount of information necessary to:
(1) Prevent duplicate voter registrations; and
(2) Enable a board of supervisors of the checklist to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;
(c) Shall include a statement that:
(1) States each eligibility requirement, including citizenship;
(2) Contains an attestation that the applicant meets each requirement; and
(3) Requires the signature of the applicant under penalty of perjury;
(d) Shall include in print identical to that used in the attestation portion of the application:
(1) The information required in subparagraph (c);
(2) A statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and
(3) A statement that, if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes; and
(e) Shall be made available, as submitted by the applicant, to the appropriate supervisors of the checklist.
VI. A change of address form submitted in accordance with state law for purposes of a state motor vehicle driver’s license serves as notification of change of address for voter registration unless the qualified elector states on the form that the change of address is not for voter registration purposes.
VII.(a) A completed voter registration portion of an application for a state motor vehicle driver’s license accepted at a state motor vehicle authority must be transmitted to the appropriate supervisors of the checklist no later than 10 days after the date of acceptance.
(b) If a registration application is accepted within 5 days before the last day for registration to vote in an election, the application must be transmitted to the appropriate supervisors of the checklist not later than 5 days after the date of acceptance.
654:50 Deadlines and Administration.
I. In the case of registration with a motor vehicle application under RSA 654:48, the valid voter registration form of the applicant must be completed at the department of safety, division of motor vehicles, no later than 30 days before the date of the election.
II. In the case of registration by mail under RSA 654:50, the valid voter registration form of the applicant must be postmarked no later than 30 days before the date of the election.
III. In the case of registration at a voter registration agency, the valid voter registration form of the applicant must be completed at the voter registration agency no later than 30 days before the date of the election.
IV. In any other case, the valid voter registration form of the applicant must be received by the appropriate supervisors of the checklist no later than 30 days before the date of the election.
V.(a) The appropriate supervisors of the checklist shall:
(1) Send notice to each applicant of the disposition of the application; and
(2) Ensure that the identity of the voter registration agency through which a particular voter is registered is not disclosed to the public.
(b) If the notice sent pursuant to the provisions of subparagraph (a)(1) is returned to the supervisors of the checklist as undeliverable, the elector to whom it was sent shall be reported by the supervisors to the secretary of state. The secretary of state shall place the elector in an inactive status on the centralized voter registration database and may remove this elector upon compliance with the provisions of paragraph VI.
VI.(a) The secretary of state may not remove the name of a qualified elector from the official list of eligible voters on the ground that the qualified elector has changed residence unless the qualified elector:
(1) Confirms in writing that the qualified elector has changed residence to a place outside the town in which the qualified elector is registered; or
(2)(A) Has failed to respond to a notice described in subparagraph (b); and
(B) Has not voted or appeared to vote and, if necessary, correct the appropriate supervisors of the checklist’s record of the qualified elector’s address, in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice.
(b) “Notice,” as used in this paragraph, means a postage prepaid and preaddressed return card, sent by forwardable mail, on which the qualified elector may state his or her current address, together with a statement to the following effect:
(1) If the qualified elector did not change his or her residence, or changed residence but remained in the same town, the qualified elector shall return the card no later than 30 days before the date of the election. If the card is not returned, affirmation or confirmation of the qualified elector’s address may be required before the qualified elector is permitted to vote during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice, and if the qualified elector does not vote in an election during that period, the qualified elector’s name must be removed from the list of eligible voters;
(2) If the qualified elector has changed residence to a place outside the town in which the qualified elector is registered, information as to how the qualified elector can re-register to vote.
(c) The appropriate supervisors of the checklist shall correct an official list of eligible voters in accordance with change of residence information obtained pursuant to the provisions of this paragraph.
(d) The requirements of this section must be completed no later than 90 days before the date of a statewide primary or general election.
(e) Each elector whose name has been deleted has 20 days from the date the notice is mailed to appeal. The appeal shall be to the ballot law commission. If the ballot law commission determines that the elector’s name should not have been deleted, it shall instruct the secretary of state to restore his or her name to the registration books.
654:51 Registration by Mail. Subject to the requirements of this chapter, any qualified citizen may register to vote by mailing or having delivered a completed state registration by mail application form or a completed national registration by mail application form prescribed by the Federal Election Commission not later than 30 days before any election to the appropriate supervisors of the checklist. The postmark date of a mailed application is considered the date of mailing. If the postmark date is missing or illegible, the supervisors of the checklist must accept the application if it is received by mail no later than 5 days after the close of the registration books before any election.
654:52 Application Forms.
I. The secretary of state shall furnish a sufficient number of application forms to the supervisors of the checklist and voter registration agencies so that distribution of the application forms may be made to various locations throughout the state and mailed to persons requesting them.
II. Supervisors of the checklist shall distribute application forms to various locations in their respective towns, including town halls and public libraries, where they must be readily available to the public.
654:53 Notification of Change of Address.
I. A qualified elector who has moved from an address in a town or ward to an address in the same town or ward shall, notwithstanding failure to notify the supervisors of the checklist of the change of address prior to the date of an election, be permitted to vote at that town or ward’s polling place upon oral or written affirmation by the qualified elector of the change of address before an election official at that polling place.
II. A qualified elector who has moved from an address in one town or ward to an address in another town or ward and who has failed to notify the appropriate supervisors of the checklist of the change of address before the date of an election, at the option of the elector shall be permitted to correct the voting records and vote provisional ballots containing only the races for federal and statewide offices pursuant to the provisions of this subdivision at the elector’s former polling place, upon oral or written affirmation by the elector of the new address before an election official at that polling place.
III. If the registration records indicate inaccurately that a qualified elector has moved from an address in the town or ward, the elector shall be permitted to vote at that polling place, upon oral or written affirmation by the elector before an election official at that polling place that the qualified elector continues to reside at his or her address.
654:54 Provisional Voting Requirements. If an individual declares that such individual is a registered voter in the town or ward in which the individual desires to vote and that the individual is eligible to vote in an election for federal office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot as follows:
I. An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election.
II. The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is:
(a) A registered voter in the town or ward in which the individual desires to vote; and
(b) Eligible to vote in that election.
III. An election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under paragraph II to an appropriate state or local election official for prompt verification under paragraph IV.
IV. If the appropriate state or local election official to whom the ballot or voter information is transmitted under paragraph III determines that the individual is eligible under state law to vote, the individual’s provisional ballot shall be counted as a vote in that election in accordance with state law.
V.(a) At the time that an individual casts a provisional ballot, the appropriate state or local election official shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system established under subparagraph (b) whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted.
(b) The appropriate state or local election official shall establish a free access system (such as a toll-free telephone number or an Internet website) that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted.
4 Appointment. Amend RSA 658:7 to read as follows:
658:7 Appointment. For all state elections, the moderator is authorized to appoint an assistant moderator who shall take the oath of office in the same manner as the moderator. The moderator may also appoint such other election officials as he or she deems necessary and request the town clerk to appoint an assistant town clerk. The assistant moderator, assistant town clerk, and said other election officials shall take the oath of office and perform such duties and have such powers as the moderator may delegate to them, except that the power of making the declaration of the vote cast shall not be delegated to them. [The supervisors of the checklist are authorized to appoint assistant supervisors of the checklist who shall be assistant election officials and have the powers of supervisors for the purpose of registering voters on election day.] The provisions of this section shall apply only to the appointment of assistant election officials to serve at the central polling place. Appointment of officers to act at additional polling places shall be accomplished as provided in RSA 658:14.
5 Statutes Posted; References Deleted. Amend RSA 658:29 to read as follows:
658:29 Statutes Posted. The secretary of state shall prepare and distribute copies of the following RSA sections which the selectmen shall post or cause to be posted outside the guardrail in the polling place at all elections: [RSA 654:7-a, RSA 654:7-b;] RSA 659:27, RSA 659:30, RSA 659:31, RSA 659:32, RSA 659:34, RSA 659:35, RSA 659:37, RSA 659:38, RSA 659:40, RSA 659:41, RSA 659:103; RSA 666:4, RSA 666:5, RSA 666:8. In addition, the secretary of state shall include any other statutes or regulations that are required to be posted by state or federal law. The secretary of state may also include statutes or regulations that, in the secretary of state's judgment, would aid a voter in casting a vote or in contacting the appropriate official if the voter believes that his or her voting rights are being violated.
6 Election Procedure; Affidavit. Amend RSA 659:30 to read as follows:
659:30 Affidavit. The affidavit of a challenged voter, a voter citizenship affidavit, [a voter domicile affidavit,] or any other affidavit required by the election statutes may be sworn before any person authorized by law to administer oaths or before any election officer.
7 Penalties for Voter Fraud. Amend RSA 659:34, I(a) to read as follows:
(a) When registering to vote; when obtaining an official ballot; or when casting a vote by official ballot, makes a false material statement regarding his or her qualifications as a voter to an election officer or submits a voter registration form, an election day registration affidavit, a citizenship affidavit, [a domicile affidavit,] or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter;
8 Preservation of Absentee Voting Materials and Election Day Affidavits. 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 be preserved in the same manner that ballots are preserved. Citizenship[,] and voter registration[, and domicile] affidavits shall be retained for 3 years after the election in which they are used, and other materials may be destroyed one year after the first state general election at which the individual may vote.
9 Preparation of Special Ballots. Amend RSA 668:5 to read as follows:
668:5 Preparation of Special Ballots. For any state election, the secretary of state shall prepare special ballots for the voters of all unincorporated places. For purposes of this section, "special ballots'' shall mean the ballots to be used by all unincorporated places in the same state representative district as opposed to separate ballots for each unincorporated place. These special ballots shall have no location printed on them, but shall have a space where the name of an unincorporated place shall be entered by the town clerk of the designated town. The secretary of state shall print only the names of candidates for offices for which the voters of the unincorporated place are entitled to vote, as provided in RSA 668:4. It shall be the duty of the town clerk to make ready in advance a sufficient number of ballots for each person on the official checklist of the unincorporated places. [If it is necessary because of election day registrations, extra ballots shall be prepared and the number attested to at the end of the voting.] In all other respects, such special ballots shall be printed and forwarded to the town clerk in the same manner as the other ballots for the designated town.
10 Repeal. The following are repealed:
I. RSA 654:7-a, relative to election day registration.
II. RSA 654:7-b, relative to effect of registration on election day.
11 Effective Date. This act shall take effect 60 days after its passage.
LBAO
09-0814
01/23/09
HB 669-FN - FISCAL NOTE
AN ACT relative to registering to vote.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.