HB 1264 – AS INTRODUCED
2010 SESSION
03/09
HOUSE BILL 1264
AN ACT relative to the definition of “party” for election purposes.
SPONSORS: Rep. Winters, Hills 17
This bill establishes alternative methods for political organizations to be recognized as parties for election purposes other than primary elections.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2386
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the definition of “party” for election purposes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Terms and Definitions; Party. Amend RSA 652:11 to read as follows:
652:11 Party.
I. For purposes of laws relating to primary elections, including, but not limited to, RSA 653:5, RSA 653:6, RSA 655, RSA 656:25 through RSA 656:31, RSA 657, RSA 659:14, RSA 659:29, RSA 659:69, RSA 659:86 through RSA 659:94, RSA 660:7 through RSA 660:9-a, RSA 662:6, RSA 665:8, and RSA 667:21 through RSA 667:23, “party’’ shall mean any political organization which at the preceding state general election received at least 4 percent of the total number of votes cast for any one of the following: the office of governor or the offices of United States Senators.
II. For all other purposes, “party’’ shall mean any political organization which:
(a) At the preceding state general election received at least 2 percent of the total number of votes cast for any one of the following: the office of governor or the offices of United States Senators; or
(b) Has its name placed on the state general election ballot by submitting nomination papers in accordance with RSA 655:40-a; or
(c) Has at least 3,000 voters registered as affiliates according to the statewide centralized voter registration database.
2 Terms and Definitions; Undeclared Voter. Amend RSA 652:16-a to read as follows:
652:16-a Undeclared Voter. The term “undeclared voter’’ shall mean a voter who is registered as a member of no political party or political organization.
3 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. Political Organization/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.
4 Party or Political Organization Registration. Amend RSA 654:15 to read as follows:
654:15 Party or Political Organization Registration. Whenever names are added to the checklist the supervisors shall register the party or political organization membership of the voter [if he desires such membership registered] to match the voter registration form. The party or political organization membership of each voter may be registered by writing in ink, printing, or rubber stamping after the name of such voter the first 3 letters of the name of the party or political organization with which [he] the voter registers.
5 Overseas Citizens Voting; 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 a country outside the boundaries of the 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 or political organization affiliation (if any) is ____________________________________________________
8) That my permanent address outside the boundaries of the 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 boundaries of the 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.
6 Preparing Checklist. Amend RSA 654:25 to read as follows:
654:25 Preparing Checklist. The secretary of state shall issue and distribute guidelines for the composition and style of checklists and for the maintenance of data related to checklists by which the supervisors of the checklist shall compile and correct the checklist. Such guidelines shall specify the information which will be maintained and updated by the supervisors. The secretary shall establish standard forms and procedures for the use of the supervisors for the maintenance of such information. The information to be maintained and updated shall include the full name, address, and party or political organization affiliation, if any, of each voter on the checklist and such other information as the secretary requires. Every checklist used at any election shall contain the full name, address, and party or political organization affiliation, if any, of each voter on the checklist. The name and address of a voter shall not appear on the checklist at the request of the voter if the voter presents to the supervisors of the checklist a valid protective order pursuant to RSA 173-B. The name, address, and mailing address, if different, of such a voter shall be maintained on a separate list of voters, which shall be nonpublic and not subject to RSA 91-A. If it is necessary to establish such a nonpublic list, the public checklist shall be marked at the end with a notation of the number of voters whose names are maintained on the nonpublic list.
7 Right to Know Exemption. Amend RSA 654:31-a to read as follows:
654:31-a Right to Know Exemption. The information contained on the checklist of a town or city, specifically, the name, street address, mailing address, town or city, and party or political organization affiliation, if any, of registered voters, except as otherwise provided by statute, is public information subject to RSA 91-A. All other information on the voter registration form, absentee registration affidavit, qualified voter and domicile affidavits, and application for absentee ballot shall be treated as confidential information and the records containing this information shall be exempt from the public disclosure provisions of RSA 91-A, except as provided by statutes other than RSA 91-A. Notwithstanding the foregoing, qualified voter and domicile affidavits are public records subject to RSA 91-A for the sole purpose of challenging an individual registering to vote or voting, challenging ballots to be recounted, to the extent that such ballot challenges are specifically authorized by law, or determining the accuracy of any qualified voter or domicile affidavit. Election officials and law enforcement personnel in furtherance of their official duties may access and may disclose information from the voter registration form, qualified voter and domicile affidavits, absentee registration affidavits, and applications for absentee ballots, if necessary to resolve a challenge to an individual registering to vote or voting, or if necessary to investigate or prosecute election law violations or any crime. Law enforcement access and use of such records for the investigation or prosecution of crimes unrelated to election law violations shall be limited to the records of the specific individuals who are the subject of the investigation or prosecution.
8 Posting Copies; Notice of Sessions. Amend RSA 654:33 to read as follows:
654:33 Posting Copies; Notice of Sessions. The supervisors shall post copies of the checklist, showing the persons in the town or ward entitled to vote, with their party or political organization registration, so far as such registration has been made, at the office of the town or city clerk or at the town hall at least 10 days prior to any session provided for in RSA 654:32; and notice of the date, hour, and place of the session or sessions to revise such registration shall be given upon such checklist.
9 Change of Registration. Amend RSA 654:34 to read as follows:
654:34 Change of Registration.
I. Change of registration of a voter whose party or political organization membership has been previously registered.
(a) Any legal voter whose party or political organization membership has been registered may change such registration by appearing in person before the supervisors of the checklist for his or her town or ward any time they meet, except as prohibited by paragraph IV, and stating to them under oath or affirmation, if required, that:
(1) He or she intends to affiliate with and generally supports the candidates of the party or political organization with which he or she offers to register, in which case [he] the voter shall be registered as a member of such party or political organization; or
(2) He or she does not wish to be registered as a member of any party or political organization, in which case his or her party or political organization designation shall be removed from the checklist.
(b) [He] A voter may also change such registration at any primary, upon making oath or affirmation to the same effect, but he or she shall not be permitted in such case to vote the ballot of any party at such primary.
II. Change of registration of a voter who has been registered as an undeclared voter.
(a) Any legal voter who has been registered as an undeclared voter may register as a member of the party or political organization of the voter’s choice by appearing before the supervisors of the checklist for the voter’s town or ward any time they meet, except as prohibited by paragraph IV, and stating to them, under oath or affirmation, if required, that the voter intends to affiliate with and generally supports the candidates of the party or political organization with which the voter offers to register, in which case the voter shall be registered as a member of such party or political organization.
(b) A voter may also register as a member of a party at any primary by requesting to be registered as a member and voting the ballot of the party of the voter’s choice. A voter may also register once again as an undeclared voter after voting in a primary as a registered member of a party by returning the card provided for in paragraph V to the person at the polls designated by the town or city clerk to accept the card. All such cards shall be in the possession of the supervisors of the checklist at the close of the polls on election day.
III. Notwithstanding any provision of paragraphs I and II to the contrary, no person who has voted in a primary may thereafter on the day of said primary change the person’s party or political organization registration, unless, prior to voting in the primary, the person was registered as an undeclared voter, in which case the person may once again register as an undeclared voter, as provided in subparagraph II(b).
IV. No person, who is already registered to vote, whether his or her party or political organization membership has been previously registered or not, shall affiliate with a party or political organization or disaffiliate from a party or political organization between the first Wednesday in June and the day before the state primary election.
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 their next session of supervisors of the checklist for changing party or political organization registration at which time the sender’s party registration shall be changed as indicated on the card.
10 Application to Town or City Clerk; Changes to be Forwarded. Amend RSA 654:34-a to read as follows:
654:34-a Application to Town or City Clerk; Changes to be Forwarded.
I. A town or city shall permit changes in party or political organization affiliation to be registered with a town or city clerk.
II. In addition to the methods of changing party or political organization affiliation provided in RSA 654:34, any person whose name appears on the checklist of a town or ward may apply to the town or city clerk for the purpose of having his or her party or political organization affiliation changed. A person desiring to change his or her party or political organization affiliation shall state to the town or city clerk under oath or affirmation that:
(a) He or she intends to affiliate with and generally supports the party or political organization with which he or she offers to register; or
(b) He or she does not wish to be registered as a member of any party or political organization.
III. No application for a change of party or political organization affiliation shall be accepted on the day of a primary election, except as provided in RSA 654:34, I and II.
IV. Any application made under the provisions of this section shall be made during the regular office hours of the town or city clerk.
V. Town and city clerks shall have power to administer oaths to the applicants that appear before them for the purposes of this section.
VI. Any application made under the provisions of this section shall be signed and dated by the applicant.
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 or political organization affiliation and the name of the party or political organization with which [he] the applicant desires to be affiliated or that [he] the applicant desires to be affiliated with no party or political organization. The supervisors of the checklist shall cause the party or political organization 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 by the supervisors; and the change shall be made as soon as permitted by law.
11 Verification of Checklists. Amend RSA 654:38, I to read as follows:
I. Between April 1 and August 1 in the next even-numbered year, the supervisors shall advertise notice of their sessions at least twice in a newspaper of general circulation in the town or city and hold sufficient sessions for verification of the checklist as in their opinion will enable all eligible voters in said town or ward to appear before them and register or reregister as the case may be. Whenever a person is reregistered, his or her party or political organization designation, if any, on the checklist undergoing revision shall not be changed except as provided in RSA 654:34.
12 Verification Every 10 Years. Amend RSA 654:39, II to read as follows:
II. Between April 1 and August 1 of 1981 and thereafter in each year ending with a one, the supervisors shall advertise and post notice of their sessions at least twice in a newspaper of general circulation and at the office of the town or city clerk or at the town hall and hold sufficient sessions for verification of the checklist as in their opinion will enable all eligible voters in said town or ward to appear before them and register or reregister as the case may be. Whenever a person is reregistered, his or her party or political organization designation, if any, on the checklist undergoing revision shall not be changed except as provided in RSA 654:34.
13 Nomination by Nomination Papers; Number. Amend RSA 655:42, III to read as follows:
III. It shall require the names of 5,000 registered voters [equaling 3 percent of the total votes cast at the previous state general election] to nominate by nomination papers a political organization.
14 Candidate of One Party. Amend RSA 659:91-a, I to read as follows:
I. Any person who runs as a candidate on any party’s state primary election ballot and who is not chosen as the candidate for that party for the elective office for which the person was a candidate shall not under any circumstances run as the nominee of a different party or political organization in the state general election.
15 Effective Date. This act shall take effect 60 days after its passage.