Bill Text - HB1535 (2010)

Relative to delivery and collection of ballots for armed services voters.


Revision: Dec. 10, 2009, midnight

HB 1535-FN – AS INTRODUCED

2010 SESSION

10-2011

03/05

HOUSE BILL 1535-FN

AN ACT relative to delivery and collection of ballots for armed services voters.

SPONSORS: Rep. Ulery, Hills 27; Rep. K. Roberts, Ches 3; Rep. Baldasaro, Rock 3; Rep. Umberger, Carr 1

COMMITTEE: Election Law

ANALYSIS

This bill requires the secretary of state to establish additional procedures to deliver and collect ballots for armed services voters.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2011

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to delivery and collection of ballots for armed services voters.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Additional Procedures for Delivery and Collection of Armed Services Ballots. Amend RSA 657 by inserting after section 19-a the following new section:

657:19-b Additional Procedures for Delivery and Collection of Armed Services Ballots.

I. The secretary of state shall establish, in cooperation with the Federal Voting Assistance Program, a procedure for collecting marked absentee ballots of absent overseas uniformed services voters registered in the state of New Hampshire in regularly scheduled primary and general elections including absentee ballots prepared by the state and the federal write-in absentee ballot prescribed under federal law, and for delivering the ballots to the appropriate election officials. The cost of such delivery shall be paid by the state, unless a federally funded program for timely delivery that meets the requirements of this section is adopted.

II. Under the procedures established under this section, the secretary of state shall ensure that any marked absentee ballot for a regularly scheduled primary or general election which is collected prior to the deadline described in paragraph IV is delivered to the appropriate election official in the state prior to the time established by the state for the closing of the polls on the date of the election.

III. The secretary of state shall carry out this section by utilizing the express mail delivery services of the United States Postal Service, or if the Postal Service is unable to perform these functions within the required deadlines, or if the secretary of state determines that a competitive bidding process would save taxpayer funds, by a competitive bidding process.

IV.(a) Except as provided in subparagraph (b), the deadline described in this paragraph is noon in the location in which the ballot is collected on the fourth day preceding the date of the election.

(b) If the secretary of state determines that the deadline described in subparagraph (a) is not sufficient to ensure timely delivery of the ballot under paragraph II with respect to a particular location because of remoteness or other factors, the secretary of state, in consultation with the Federal Voting Assistance Program, may establish as an alternative deadline for that location the latest date occurring prior to the deadline described in subparagraph (a) which is sufficient to ensure timely delivery of the ballot under paragraph II.

(c) Under the procedures established under this section, the secretary of state, working in conjunction with the United States Postal Service or other express mail carrier or carriers selected by the state shall implement procedures to enable any individual whose marked absentee ballot for a regularly scheduled primary or general election is collected by such express mail carrier to determine whether the ballot has been delivered to the appropriate election official, using the Internet, an automated telephone system, or such other methods as the secretary of state may provide.

V. The secretary of state, in consultation with the Federal Voting Assistance Program, shall take appropriate actions to inform individuals registered to vote in the state who are anticipated to be absent armed services voters in a regularly scheduled primary or general election to which this section applies of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section, including the manner in which such voters may utilize such procedures for the submittal of marked absentee ballots in the election.

VI.(a) Not later than 180 days after each regularly scheduled general election to which this section applies, the secretary of state shall submit to the standing committees of the house of representatives and senate having jurisdiction over election laws a report on the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to this section during such general election.

(b) Each report under subparagraph (a) shall include, for the general election covered by such report, a description of the utilization of the procedures during such general election, including the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election and the reasons therefor.

VII. The secretary of state shall take such actions as may be required to ensure that absent armed services voters who cast absentee ballots are able to do so in a private and independent manner, and take such actions as may be required to protect the privacy of the contents of absentee ballots cast by absent armed services voters while such ballots are in the possession or control of the secretary of state, an express mail carrier, or any local election official in the state.

2 Report on Status of Implementation. Not later than 180 days after the effective date of this act, the secretary of state shall submit to the standing committees of the house of representatives and senate having jurisdiction over election laws a report on the status of the implementation of the program for the collection and delivery of marked absentee ballots established pursuant to RSA 657:19-b as inserted by section 1 of this act. The report shall include a status of the implementation of the program and a detailed description of the specific steps taken towards its implementation for November 2012.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

10-2011

11/30/09

HB 1535-FN - FISCAL NOTE

AN ACT relative to delivery and collection of ballots for armed services voters.

FISCAL IMPACT:

      The Department of State states this bill will increase state general fund expenditures by an indeterminable amount in FY 2011 and FY 2013. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.

METHODOLOGY:

    The Department of State indicates this bill requires the Department to: 1) pay the express mail cost of returned military absentee ballots, 2) send information to all potential absentee military voters on the express mail absentee ballot return program, and 3) establish an Internet or telephone based system to inform military voters of the status of their absentee ballot.

    The Department states that assuming there are 3,000 military voters for which the Department would have to pay the express mail cost of returned absentee ballots and the cost of express mail is $17.50 per parcel, the per election cost would be $52,500, or $105,000 per election cycle in both FY 2011 and FY 2013. The Department further assumes there are approximately 8,000 military absentee voters who would have to be notified of the expedited absentee voting process. If the cost of mailing each parcel is $2.00, the cost of this notification in both FY 2011 and FY 2013 would be $16,000. The Department states it does not currently have a cost estimate for an Internet or telephone based ballot status system; however, the cost to develop such a system could be in excess of $100,000.

    The Department states federal legislation has passed dealing with the subject matter contained in this bill; therefore, there may be federal funds available to defray costs associated with this bill.

    This bill does not contain an appropriation.