CHAPTER 366
HB 1477 – FINAL VERSION
05/12/10 1845s
02Jun2010… 2242cofc
02Jun2010… 2435eba
2010 SESSION
03/04
HOUSE BILL 1477
AN ACT relative to checklist information and relative to challenges of voters.
SPONSORS: Rep. Bates, Rock 4; Rep. Splaine, Rock 16; Rep. Horrigan, Straf 7; Rep. Perry, Straf 3; Sen. Carson, Dist 14
This bill modifies requirements relating to voter address information. This bill also establishes additional requirements for challenging voters, including a challenge affidavit.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/12/10 1845s
02Jun2010… 2242cofc
02Jun2010… 2435eba
10-2306
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to checklist information and relative to challenges of voters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
366:1 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, domicile address, mailing address, and party 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, domicile address, mailing address, and party affiliation, if any, of each voter on the checklist. The paper checklists used by ballot clerks on election day need not include mailing addresses. 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, domicile 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.
366:2 Checklist and Voter Information. Amend RSA 654:31, IV to read as follows:
IV. The secretary of state shall, upon request, provide to a political party, as defined in RSA 664:2, IV, or to a political committee, as defined in RSA 664:2, III, a list of the name, [street] domicile address, mailing address, town or city, voter history, and party affiliation, if any, of every registered voter in the state. The secretary of state shall, upon request, provide to a candidate for county, state, or federal office a list of the name, [street] domicile address, mailing address, town or city, voter history, and party affiliation, if any, of every registered voter in the state or in the candidate’s district. In this section, “voter history” means whether the person voted and, for primary elections, in which party’s primary the person voted, in each state election for the preceding 2 years. The secretary of state shall charge a fee of $25 plus $0.50 per thousand names or portion thereof in excess of 2,500 plus shipping charges for each copy of the list provided under this section. In addition, the secretary of state shall charge and collect on behalf of and remit to the supervisors of the checklist of each city and town the amount that such supervisors would have charged had the public checklist of their city or town been purchased from them. The secretary of state may provide lists as prescribed in this section on paper, computer disk, computer tape, electronic transfer, or any other form.
366:3 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] domicile address, mailing address, town or city, and party 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.
366:4 Challenge of Voter; Affidavit. RSA 659:27 is repealed and reenacted to read as follows:
659:27 Challenge of Voter; Affidavit.
I. A voter offering to vote at any state election may be challenged by any other voter registered in the town or ward in which the election is held, an election official, a challenger appointed by a political committee pursuant to RSA 666:4, or a challenger appointed by the attorney general pursuant to RSA 666:5.
II. Upon receipt of a written challenge, the moderator shall determine if the challenge to the ballot is well grounded. If the moderator determines that the challenge is well grounded, the moderator shall not receive the vote of the person so challenged until the person signs and gives to the moderator an affidavit in the following form: I, ______________________, do solemnly swear (or affirm) under penalties of voter fraud, that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), and have a legal domicile therein. If the moderator determines that the challenge is not well grounded, the moderator shall permit the voter to proceed to vote.
III. No voter or appointed challenger shall challenge a person’s qualifications to be a voter at the election day voter registration table.
366:5 New Section; Asserting a Challenge. Amend RSA 659 by inserting after section 27 the following new section:
659:27-a Asserting a Challenge.
I. No challenge may be asserted except in the form of a signed affidavit, under oath administered by an election official, in the following form:
INFORMATION ON THE PERSON MAKING THE CHALLENGE
Name of Person Making the Challenge:
___________________________________________________________________________________
Last Name First Name Middle Name/Initial
___________________________________________________________________________________
Party affiliation
___________________________________________________________________________________
If person making a challenge is a voter: Physical Address – Street Name & Number
___________________________________________________________________________________
If person is a political party or attorney general appointee: mailing address & phone number
___________________________________________________________________________________
The challenger’s qualifications to assert the challenge
INFORMATION ON THE VOTER BEING CHALLENGED: The person making the challenge shall complete the following:
Name being used by the voter who you wish to challenge:
_________________________________________________________________________________
Last Name First Name Middle Name
GROUNDS FOR THE CHALLENGE: The person making the challenge shall indicate the ground on which the challenge is made (check all grounds that apply).
___ The person seeking to vote is not the individual whose name he or she has given
___ The person seeking to vote has already voted in the election at (name polling place) ____________ at approximately (state time if known) __________
___ The person seeking to vote is disqualified as a voter by conviction of a willful violation of the elections laws (state offense, court, and date of conviction) _______________________________________
___ The person seeking to vote is under 18 years of age
___ The person seeking to vote is not a United States Citizen
___ The person seeking to vote is not domiciled in the town or ward where he or she is seeking to vote (state person’s true domicile —town/city) _____________________________________
___ The person seeking to vote does not reside at the address listed for that person on the checklist
___ The person seeking to vote is an incarcerated convicted felon who is currently sentenced to incarceration (state name of institution person is in) _________________________________________
___ This is a primary and the person seeking to vote in the (state political party name) __________ primary is not a declared member of the party he or she claims to be affiliated with
___ The person seeking to vote is ineligible to vote pursuant to the following state or federal statute or constitutional provision: _________________________________________
BASIS FOR THE CHALLENGE: The person making the challenge shall state the specific source of the information or personal knowledge upon which the challenge of the particular individual is based:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
OATH: The person making the challenge shall complete the following:
I hereby swear and affirm, under the penalties of perjury, that to the best of my knowledge and belief the information above is true and correct.
____________________
(Signature of challenger)
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
TO BE COMPLETED BY THE MODERATOR: Ruling on the challenge:
If the ground at issue is age, citizenship, or domicile: The supervisors of the checklist have ruled that the challenged voter is: qualified as a voter; not qualified as a voter.
The moderator rules on challenges based on other grounds. The moderator rules that the challenge is: well grounded; not well grounded. If it is ruled that the voter is not qualified or that the challenge is well grounded, the challenged person may vote only if he or she completes and swears to a challenged voter affidavit.
II. A challenge may be asserted only upon personal knowledge or other basis of probable cause that the challenged voter is ineligible to vote. No challenge may be accepted unless one of the following grounds is asserted and specific facts are offered in support of such grounds:
(a) The person seeking to vote is not the individual whose name he or she has given.
(b) The person seeking to vote has already voted in the election at the time and place specified in the challenge.
(c) The person seeking to vote is disqualified as a voter by conviction of a willful violation of the elections laws, such conviction having been for the offense specified in the challenge.
(d) The person seeking to vote is under 18 years of age.
(e) The person seeking to vote is not a United States citizen.
(f) The person seeking to vote is not domiciled in the town or ward where he or she is seeking to vote because the person’s true domicile is in the town or city specified in the challenge.
(g) The person seeking to vote does not reside at the address listed for that person on the checklist.
(h) The person seeking to vote is an incarcerated convicted felon who is currently sentenced to incarceration in the institution specified in the challenge.
(i) The person is attempting to vote in a primary and the person is not a declared member of the party with which he or she claims to be affiliated.
(j) The person is ineligible to vote pursuant to some other state or federal statute or constitutional provision specified in the challenge.
366:6 Absentee Ballots; Announcement by Moderator and Challenges. Amend RSA 659:50 and RSA 659:51 to read as follows:
659:50 Announcement by Moderator. The moderator shall begin processing absentee ballots by clearly announcing that he or she is about to open the envelopes which were delivered to him or her. The moderator shall then remove the affidavit envelope containing the ballots of each absentee voter and shall compare the signature on the affidavit envelope with the signature on the application for the ballot. If:
I. The name of the voter is on the checklist, except for voters provided for in RSA 7:46; and
II. The affidavit on the envelope appears to be properly executed; and
III. The signature on the affidavit appears to be executed by the same person who signed the application; and
IV. The signatures appear to be the signatures of a duly qualified voter who has not voted at the election; then the moderator shall publicly announce the name of the absentee voter, except for voters provided for in RSA 7:46. If these conditions are not met, the moderator shall follow the procedure provided in RSA 659:53.
659:51 Challenges.
I. All absentee ballots are subject to challenge after the moderator publicly announces the name of the absentee voter, except for voters provided for in RSA 7:46, but not after the ballot is removed from the envelope. [A person who makes a challenge shall state the reason for the challenge.] No challenge to an absentee ballot may be asserted except in conformity with the requirements of RSA 659:27-a.
II. 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.”
III. The moderator shall then determine if the challenge to the ballot is well grounded. If the moderator decides the challenge is well grounded, 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 and shall record next to the name of the absentee voter on the clerk’s list of absentee voter applicants prepared pursuant to RSA 657:15 the word “challenged” and the reason for the challenge. The clerk shall record this information in the statewide centralized voter registration database. If the moderator decides that the challenge is not well grounded, he or she 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. The moderator shall then proceed to deposit the ballot as provided in RSA 659:52.
366:7 Nullification. Section 2 of HB 1528 of the 2010 regular legislative session shall not take effect.
366:8 Challenges. Amend RSA 659:51 to read as follows:
659:51 Challenges.
I. All absentee ballots are subject to challenge after the moderator publicly announces the name of the absentee voter, except for voters provided for in RSA 7:46, but not after the ballot is removed from the envelope. [A person who makes a challenge shall state the reason for the challenge.] No challenge to an absentee ballot may be asserted except in conformity with the requirements of RSA 659:27-a.
II. If the ballot is challenged, the moderator shall write on the 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.”
III. The moderator shall then determine if the challenge to the ballot is well grounded. If the moderator decides the challenge is well grounded, 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 and shall record next to the name of the absentee voter on the clerk’s list of absentee voters prepared pursuant to RSA 657:15 the word “challenged” and the reason for the challenge. The clerk shall record this information in the statewide centralized voter registration database. If the moderator decides that the challenge is not well grounded, he or she shall open the envelope so the affidavit 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. The moderator shall then proceed to deposit the ballot as provided in RSA 659:52.
366:9 Contingency. If HB 1535-FN if the 2010 regular legislative session of the general court becomes law, section 6 of this act shall not take effect and section 8 of this act shall take effect upon its passage; provided that, if HB 1535-FN becomes law after this act, section 8 of this act shall take effect at 12:01 a.m. on the effective date of HB 1535-FN. If HB 1535-FN does not become law, section 8 of this act shall not take effect and section 6 of this act shall take effect upon its passage.
366:10 Effective Date.
I. Sections 6 and 8 shall take effect as provided in section 9 of this act.
II. The remainder of this act shall take effect upon its passage.
Approved: July 23, 2010
Effective Date: I. Sections 6 and 8 shall take effect as provided in section 9.
II. Remainder shall take effect July 23, 2010.