Bill Text - HB1535 (2010)

(New Title) relative to absentee voting, special elections, election returns, preservation of ballots, recounts, and the ballot law commission.


Revision: Feb. 19, 2010, midnight

HB 1535-FN – AS AMENDED BY THE HOUSE

17Feb2010… 0645h

2010 SESSION

10-2011

03/05

HOUSE BILL 1535-FN

AN ACT relative to absentee voting, special elections, election returns, preservation of ballots, recounts, and the ballot law commission.

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

COMMITTEE: Election Law

AMENDED ANALYSIS

This bill:

I. Makes various changes relating to absentee voting, including authorizing electronic ballots for certain voters and changes procedures for requesting, casting, challenging, and preserving absentee ballots.

II. Changes scheduling requirements for certain special elections.

III. Modifies the requirements for election returns and requires that they be submitted on paper and electronically.

IV. Authorizes the secretary of state to appoint election monitors.

V. Requires the secretary of state to collect all state primary ballots.

VI. Changes eligibility for a state primary recount.

VII. Changes the meeting requirements for the ballot law commission.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17Feb2010… 0645h

10-2011

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to absentee voting, special elections, election returns, preservation of ballots, recounts, and the ballot law commission.

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

1 Reference Changed. Amend RSA 44:5 to read as follows:

44:5 Voters and Checklists. Any person having his or her domicile within the city, qualified to vote as provided in RSA 654:1-654:2 and [654:4] 654:3-654:6 and whose name is on the checklist shall be qualified to vote in city elections. The supervisors of the checklist shall prepare, post, and revise the checklist for city elections in the same manner as for a state election as provided in RSA 654:25-654:31.

2 New Subdivision; Chief Election Officer. Amend RSA 652 by inserting after section 22 the following new subdivision:

Chief Election Officer

652:23 Chief Election Officer. The secretary of state shall be the chief election officer for the state. The secretary of state shall provide information regarding voter registration procedures and absentee ballot procedures for all voters, including absent uniformed services voters and overseas voters. Instructional and informational materials published by the secretary of state for clerks to provide absent uniformed services voters and overseas voters shall include information on how to communicate electronically with election officials.

3 Uniformed and Overseas Citizens Absentee Voting Act Voters. RSA 654:3 is repealed and reenacted to read as follows:

654:3 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) Voters.

I. The secretary of state shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by absent uniformed services and overseas voters (UOCAVA voters) with respect to elections for federal office by all UOCAVA voters who wish to register to vote or vote in any jurisdiction of the state. UOCAVA voters consist of:

(a) Absent uniformed services voters. Notwithstanding any other provision of law to the contrary, a uniformed services voter, being a citizen of the United States and being at least l8 years of age as provided in Article 11 of Part First of the Constitution of New Hampshire, shall have the right to vote absentee in any state election in the town or city in New Hampshire in which he or she had his or her domicile immediately prior to such service, even though he or she no longer maintains domicile in said town or city and even though his or her intent to return thereto is uncertain, provided:

(1) He or she complies with all other applicable requirements and qualifications of the state of New Hampshire.

(2) He or she is not registered to vote in any other state, territory, or possession of the United States.

(b) A United States citizen residing outside the United States borders temporarily.

(c) Overseas citizens. Notwithstanding any other provision of law to the contrary, any United States citizen, being at least l8 years of age as provided in Article 11 of Part First of the Constitution of New Hampshire, who is domiciled outside the United States, shall have the right to register absentee and to vote for federal offices, but not for state or municipal offices or questions in the town or city in New Hampshire in which he or she, or a parent of said voter, had his or her domicile immediately prior to his or her departure from the United States, even though he or she no longer maintains domicile in said town or city and even though his or her intent to return thereto is uncertain, provided:

(1) He or she complies with all other applicable requirements and qualifications of the state of New Hampshire; and

(2) He or she is not domiciled in and is not registered to vote in any other state, territory, or possession of the United States; and

(3) He or she has a valid passport or card of identity issued under the authority of the secretary of state of the United States.

II. In this section:

(a) “Absent uniformed services voter” means:

(1) A member of the uniformed services on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote;

(2) A member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; and

(3) A spouse or dependent of a member referred to in subparagraph (1) or (2) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote.

(b) “Federal office” means the office of president or vice president, or of senator or representative in, or delegate or resident commissioner to, the Congress;

(c) “Member of the merchant marine” means an individual other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes or the inland waterways:

(1) Employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States; or

(2) Enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of any such vessel.

(d) “Overseas voter” means:

(1) An absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved;

(2) A person who resides temporarily outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or

(3) A person who resides outside the United States and but for such residence would be qualified to vote in the last place in which the person was domiciled before leaving the United States.

(e) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.

(f) “Uniformed services” means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.

(g) “United States,” where used in the territorial sense, means the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.

4 Overseas Citizens Voting. Amend the subdivision heading preceding RSA 654:20 and RSA 654:20 to read as follows:

Overseas Citizens Voting: Federal [Elections] Offices Only

654:20 [Overseas Absentee] Registration Affidavit Federal Office Only. 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:

New Hampshire Overseas Citizen Federal Office Only Absentee Registration Affidavit

I, ____________________ (print clearly: last, full first, and middle name), 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, or one of my parents, 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 affiliation (if any) is ____________________

8) That my permanent address outside the boundaries of the United States is:

___________________________________

Street or Route Number

___________________________________

City, Province, Country

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.

5 New Section; Federal Post Card Registration. Amend RSA 654 by inserting after section 20 the following new section:

654:20-a Federal Post Card Application Form for Absent Uniformed Services Voters and Overseas Voters. Notwithstanding any other law to the contrary, as required by federal law, absent uniformed services voters and overseas voters may apply to register to vote and apply for an absentee ballot using the federal official post card form prescribed by 42 U.S.C. section 1973ff(a)(2).

6 Vacancy for Office on Party Ticket. Amend RSA 655:37 to read as follows:

655:37 Vacancy for Office on Party Ticket. If, after the holding of a state primary election, a vacancy exists for any office on a party ticket, such vacancy may be filled as provided in this section. The appropriate party committee shall notify the secretary of state in writing of a person they designate to fill the vacancy. The person so designated shall, no later than the [second] first Friday following the primary election, file with the secretary of state a declaration of candidacy as provided in RSA 655:17 with the understanding that, where the form says primary election, it shall be construed to mean general election. If the candidate is designated for the office of governor, executive councilor, state senator, or state representative, he or she shall also file, no later than 5:00 p.m. on the [second Friday] first Thursday following the primary, the appropriate affidavit as provided in RSA 655:29. Any candidate who has not filed all the forms required by this section within the required period of time shall not have his or her name printed on the state general election ballot for that office.

7 Nominations for Special State Elections. Amend RSA 655:81 to read as follows:

655:81 Nomination of U.S. Representative, Executive Councilor, State Senator and Representative to the General Court. The nomination of candidates for the U.S. House of Representatives or for the executive council or for the state senate or for representative to the general court for special elections shall be accomplished through the holding of special election primaries. The filing of candidates for such primaries and all other matters connected with such primaries shall be the same as for primaries before a state general election except that:

I. The special election shall be held on the Tuesday not less than [80] 131 nor more than [87] 145 days following the day that the governor and council declare that there shall be a special election; provided, however, that if one or more municipalities where a special election for state representative will be held have a regularly-scheduled election occurring between [80] 131 and 180 days following the day that the governor and council declare that there shall be a special election, the governor and council shall set the date of the election to coincide with the regularly-scheduled election if a majority of the towns or wards, as represented by the city, jointly request that day; if towns or wards, as represented by the city, request that the special election coincide with regularly-scheduled elections occurring on different dates, the election shall be held on the Tuesday not less than [80] 131 nor more than [87] 145 days following the day that the governor and council declare that there shall be a special election; and

II. [The time limits in RSA 655:14 shall be changed to not more than 43 days nor less than 36 days prior to the primary] The filing period shall start on the Monday following the date on which the governor and council declare that there shall be a special election and shall end at 5:00 p.m. on the Friday of that week; and

III. Under RSA 655:15, the official with whom state representative candidates shall file shall be the secretary of state, except that a state representative candidate may file with the appropriate town or city clerk under RSA 655:15 or with the secretary of state during the first Monday and Tuesday only of the filing period in towns and cities in which the clerk's office is open on one or both of those days, in which case the town or city clerk shall forward each declaration of candidacy to the secretary of state on the same day on which the declaration is filed; and

IV. The primary shall be held [34] 63 days prior to the special election; and

V. Supplementary primary petitions may be filed as needed [not less than 36 days before the primary] no later than 5:00 p.m. on the last day of the filing period; and

VI. The deadline for filing nomination papers shall be no [more than 34 days prior to the special election] later than 5:00 p.m. on the last day of the filing period; and

VII. The notice of the primary in RSA 655:11 shall be prepared by the secretary of state and distributed to the town and city clerks as soon as practicable after the setting of the date for the special election; and

VIII. Under RSA 655:12, clerks shall post notices of special election primaries as soon as possible after they are received; and

IX. The names of all candidates for a party nomination at a special election primary shall be printed [in alphabetical order] on the ballot in the same order as provided for the state primary election, and the same ballot listing shall be used at all polling places where the special primary election is held; and

X. The publication of the result provided in RSA 659:89 shall not be required; and

XI. The deadline for any candidate to request a recount pursuant to RSA 660:7 shall be [3 days from the day of the primary] 5:00 p.m. on the day after the election.

8 Uncontested Primary. Amend RSA 655:82 to read as follows:

655:82 Uncontested Primary. In the event that no party has more than one candidate file, the primary election shall not be conducted. In such a case, the special election shall be held on the day previously fixed as the day for the holding of the special [primary] election. The deadline for candidates to file nomination papers pursuant to RSA 655:40-45 shall be [32 days prior to the rescheduled special election date] on the date previously set for the special primary.

9 Questions on the Ballot. Amend RSA 656:13 to read as follows:

656:13 Questions on the Ballot. Except as provided in RSA 656:14, whenever a question is submitted to voters at a state general election as provided in RSA 663, the question shall be printed on the state general election ballot following the offices columns. Printed after the question there shall be 2 squares, boxes, or ovals, one with the word ["yes''] “YES” beside it and another with the word ["no''] “NO” beside it.

10 Federal Offices Only Absentee Ballot. Amend RSA 656:34 to read as follows:

656:34 [Official Overseas Citizens] Federal [Election] Offices Only Absentee Ballot. Prior to any [federal] election for a federal office, the secretary of state shall prepare, in such quantity as the secretary of state may deem necessary, [overseas citizens] federal [election] offices only absentee ballots [as nearly as practicable in the same form as the official] in paper and electronic form, similar in form to the election day ballot to be used at said election. Said ballots shall have the words "[official overseas citizens federal election absentee ballot] FEDERAL OFFICES ONLY ABSENTEE BALLOT'' [printed] on them and shall be [similarly] endorsed and the paper version shall be printed on paper of the same color as that used for [official absence and disability] election day ballots. Such ballots shall provide for voting absentee only for candidates seeking election to federal offices and for no other candidates.

11 Uniformed Services and Overseas Voter Absentee Ballot. Amend RSA 656:35 to read as follows:

656:35 [Armed] Uniformed Services Overseas Voter Absentee Ballot. [Prior to any state election,] Absent uniformed services voters and voters who are temporarily absent from the United States, who are subject to the provisions of the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), shall be provided with the absentee ballot prepared under RSA 656:33, provided that the secretary of state shall prepare[, in such quantity as the secretary of state may deem necessary, armed services absentee ballots in the same form as the absence and disability absentee ballot to be used at said election] an electronic version of such ballot for use by any uniformed services or overseas voter who requests that his or her absentee ballot be transmitted to the voter electronically pursuant to UOVACA.

12 Questions on the Ballot. Amend RSA 656:36 to read as follows:

656:36 Questions on the Ballot. Whenever a question to voters is printed on an [official state] election day ballot, the secretary of state shall ensure that said question is also [printed on the absence and disability absentee ballot and on the armed services absentee ballot, except as otherwise provided] on all applicable absentee ballots.

13 Constitutional Amendments. Amend RSA 656:37 to read as follows:

656:37 Constitutional Amendments. Whenever a question to voters related to a proposed constitutional amendment is [printed] placed on a [special and] separate ballot as provided in RSA 663:3, the question shall also be [printed] placed on a separate absentee ballot [of the same color as the ballot used for constitutional questions by in-person voters, shall] to be included with each [absence and disability or armed services absentee ballot and shall have printed on it the words ""absentee ballot.''] absentee ballot other than federal offices only absentee ballots.

14 Overseas Citizen Voters. Amend RSA 657:2 to read as follows:

657:2 Overseas Voters. Any person who is registered as an overseas citizen voter in any city or town as provided in RSA 654:20, 654:21, and 654:23 may vote [in federal elections] as follows:

I. A person whose current domicile is outside the United States may vote in elections for federal offices only as provided in this chapter.

II. A person whose current domicile is in the New Hampshire town or ward where he or she is registered to vote, but who is temporarily residing outside the United States may vote in all state elections.

15 Uniformed Services Voter. Amend RSA 657:3 to read as follows:

657:3 [Armed] Uniformed Services Voter. Regardless of whether he or she is previously registered, any person qualified as [an armed] a uniformed services voter as provided in RSA [654:4] 654:3 may vote absentee at any state election in the New Hampshire city or town which was last his or her home as provided in this chapter.

16 Overseas Citizen Voting. Amend RSA 657:8 to read as follows:

657:8 Overseas Citizen Voting. Prior to any [federal] election for federal office, the secretary of state shall prepare the following forms in such quantity as he or she deems necessary:

I. [Overseas citizens] Federal [election] offices only absentee ballots as provided in RSA 656:34 for citizens who are domiciled outside the boundaries of the United States.

II. Affidavit envelopes of sufficient size to contain the ballots, [on which shall be printed] or an electronic affidavit containing the following:

(a) For Voters Who Are Registered as Federal Offices Only Voters.

[Overseas Citizen.] A person desiring to vote by [overseas citizens] federal [election] offices only absentee ballot who is a registered voter in the town or city in which he or she desires to vote shall fill out and sign the [following certificate:

I do hereby certify under the penalties for voting fraud set forth below that I am an overseas citizen voter registered as such in the city or town of __________, New Hampshire; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the overseas citizens federal election ballot herein enclosed, and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).

(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.] standard oath prescribed by 42 U.S.C. section 1973ff-1(a)5 and 42 U.S.C. section 1973ff(b)(7).

(b) For Voters Not Registered. A person desiring to vote by [overseas citizens] federal [election] offices only absentee ballot who is not registered as such in the town or city in which he or she desires to vote shall fill out and sign the [following certificate:

I do hereby certify under the penalties for voting fraud set forth below that I am a federal overseas voter, that I am at least 18 years of age and a citizen of the United States; and that my last domicile within the United States was in New Hampshire at the following address:

street _______________ and number ____________________

city or town ____________________

I am not registered to vote in any state and am not voting in any other manner in this election.

____________________

Signature of Voter

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.] standard oath prescribed by 42 U.S.C. section 1973ff-1(a)5 and 42 U.S.C. section 1973ff(b)(7).

III. Other forms as provided for in RSA 657:7, III, IV, and V.

17 Uniformed Services and Temporarily Absent Voting. Amend RSA 657:9 to read as follows:

657:9 [Armed] Uniformed Services and Temporarily Absent Voting. Prior to any state election, the secretary of state shall prepare the following forms in such quantity as he or she may deem necessary:

I. [Armed services] Absentee ballots [as provided in RSA 656:35] in paper and electronic form.

II. Affidavit envelopes of sufficient size to contain the ballots, [on which shall be printed] and an affidavit in electronic form containing the following:

(a) For Voters Who Are Registered. [A person voting by armed services absentee ballot] An absent uniformed services voter or temporarily absent voter residing outside the United States voting pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) by absentee ballot who is a registered voter in the town or city in which he or she desires to vote shall fill out and sign the [following certificate:

I do hereby certify under the penalties for voting fraud set forth below that I am a voter in the city or town of __________, New Hampshire, in ward __________; that I will be absent on election day from said city or town and will be unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).

(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.] standard oath prescribed by 42 U.S.C. section 1973ff-1(a)5 and 42 U.S.C. section 1973ff(b)(7).

(b) For Voters Not Registered. A person voting [by armed services] pursuant to the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) by absentee ballot who is not registered in the town or city in which he or she desires to vote shall fill out and sign the [following certificate:

I do hereby certify under the penalties for voting fraud set forth below that I am an armed services voter under the laws of the state of New Hampshire, that I am at least 18 years of age and a citizen of the United States; and that, immediately prior to my service, my domicile was in New Hampshire at the following address:

street _______________ and number ____________________

city or town ____________________

I am not registered to vote in any state and am not voting in any other manner in this election.

____________________

Signature of Voter

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.] standard oath prescribed by 42 U.S.C. section 1973ff-1(a)5 and 42 U.S.C. section 1973ff(b)(7).

III. Other forms as provided for in RSA 657:7, III, IV, and V.

18 Forwarding Forms. Amend RSA 657:10 to read as follows:

657:10 Forwarding Forms. The secretary of state shall retain for his or her own use so many of the absentee ballots and forms provided for in RSA 657:7 through 657:9 as he or she may deem necessary and shall supply each town and city clerk in the state with as many of them as he or she may deem sufficient. The same shall be [sent] provided electronically and in sealed packages [and] which shall be marked on the outside clearly designating the type and number of ballots enclosed. The secretary of state shall keep a record of the [time] date when and the manner in which the absentee ballots [and forms] were sent to said clerks and of the number of ballots so forwarded. The secretary of state shall forward [overseas citizens federal election] write-in absentee ballots to the town or city clerks so as to be received by them no later than [30] 50 days prior to the date of the federal election. Additional absentee ballots of any type may be obtained as required from the secretary of state upon written application by a town or city clerk.

19 Write-In Absentee Ballot. RSA 657:10-a is repealed and reenacted to read as follows:

657:10-a Write-in Absentee Ballot. Notwithstanding any other provision of the election laws, a person entitled to vote as a Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voter or a qualified absentee voter who certifies that he or she will be unable to receive, mark, and return an absentee ballot sent no later than 45 days before an election by election day may apply for a write-in absentee ballot. The secretary of state shall prepare write-in absentee ballots of all types necessary for each election and make them available to town and city clerks. Clerks shall send a write-in absentee ballot to any qualified voter requesting such ballot without delay for any request received more than 60 days before an election. The ballot and associated forms and instructions shall be sent by mail or electronically as requested by the voter. In completing the ballot, the voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party next to the title of the office, in which case the ballot shall be counted for that office for the candidate of the political party.

20 New Section; Federal Write-In Absentee Ballot. Amend RSA 657 by inserting after section 10-a the following new section:

657:10-b Federal Write-In Absentee Ballot. Absent uniformed services voters and overseas voters may use the federal write-in absentee ballot in general, special, and primary elections to vote for federal offices only. As required by federal law, a federal write-in absentee ballot shall not be counted if it is submitted from any location in the United States by an overseas voter. The federal write-in absentee ballot shall not be counted if a state absentee ballot is received from the voter. In completing the ballot, the absent uniformed services voter or overseas voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party next to the title of the office, in which case the ballot shall be counted for that office for the candidate of the political party.

21 Information Furnished. Amend RSA 657:14 to read as follows:

657:14 Information Furnished. The supervisors of the checklist shall furnish to the town or city clerks upon their request any information relative to persons entitled to vote in their ward or town which may be necessary to enable them to determine the proper ballot, affidavit, and voting instructions to be sent to an absentee voter. Whoever violates any provision of this section shall be guilty of a violation.

22 Sending Absentee Ballots. Amend RSA 657:15 to read as follows:

657:15 Sending Absentee Ballots. When the verification required by RSA 657:12 or 657:13 has been made, the clerk shall retain the application and, without delay, personally deliver, e-mail, or mail to the applicant the appropriate ballot and materials as described in RSA 657:7 through 657:9 or designate an assistant to deliver such materials to the applicant. The clerk may not designate as an assistant any person who is a candidate for nomination or office or who is working for such a candidate. Any ballots sent pursuant to the provisions of this section shall be mailed or delivered only by officials from the city or town clerk's office and delivered only to the applicant. If the address to which the absent voter's ballot is sent is outside the United States or Canada, such papers shall be sent by air mail. Said clerks shall keep lists of the names and addresses, arranged by voting places, of all applicants to whom official absent voting ballots have been sent, and shall identify those official absent voting ballots which have been returned to the clerk. Candidates whose names appear on the ballot and persons bearing notarized requests or copies of notarized requests from candidates whose names appear on the ballot may obtain copies of such lists; the lists shall not be available for public inspection at any time without a court order.

23 Refusal to Certify. Amend RSA 657:16 to read as follows:

657:16 Refusal to Certify; Procedure. If he or she refuses to certify the application, the town or city clerk shall notify the applicant in writing within 7 days to that effect. The town or city clerk shall provide the applicant with an absentee ballot and a notice that the ballot will not be counted unless the applicant submits the documents necessary to complete an absentee registration. The applicant shall be advised in writing what documents, if any, have been received in proper form and which the applicant must submit in the return envelope that contains the absentee ballot [affidavit] envelope. The town or city clerk shall mark the [exterior of] absentee ballot application and the absentee ballot affidavit [envelope] with the words "Not Registered.'' If the applicant returns the required documents in proper form with the absentee ballot and if the applicant is found to be qualified, he or she shall be registered and his or her absentee ballot shall be processed in the same manner as the absentee ballot of a previously registered voter. If the ballot is returned without the required documents in proper form, the ballot shall be marked and preserved in the manner set for forth by law for successfully challenged absentee ballots. The clerk shall preserve the application of any applicant who is not registered as a voter until the time set by law for the destruction of the ballots after the election at which time the application shall be destroyed. Any justice of the superior court has jurisdiction in equity upon such notice as he or she may order to require that the name of the person making application for an absentee ballot be placed upon the checklist or registered as a member of any party and be sent an absentee ballot.

24 Procedure by Voter. RSA 657:17 is repealed and reenacted to read as follows:

657:17 Procedure by Voter.

I. A voter receiving a paper ballot shall mark the ballot. The voter shall enclose and seal the ballot in the affidavit envelope provided. The voter shall then complete the affidavit on the outside of the envelope. The voter shall then place the affidavit envelope in the outer envelope provided. The voter shall write the voter’s domicile address in the upper left hand corner of the front of the outer envelope. The voter shall mail the envelope, affixing postage when necessary, or personally deliver the sealed outer envelope to the city or town clerk from whom it was sent. A voter with a disability may receive the assistance of another person in marking the ballot, completing the affidavit, and mailing the envelope.

II. A voter receiving a ballot and affidavit electronically shall print the ballot and affidavit on paper. Using the paper ballot printed from the electronic file, the voter shall mark the ballot. The voter shall complete the affidavit. The voter shall enclose and seal the ballot in an envelope. The voter shall enclose and seal said envelope and the completed affidavit form, in a second plain envelope. The voter shall write on the outside envelope in the upper left hand corner his or her name and domicile address. The voter shall mail the envelope, affixing postage when necessary, to the city or town clerk from whom it was sent. A voter with a disability may receive the assistance of another person in marking the ballot, completing the affidavit, and mailing the envelope.

25 Absentee Voting. Amend the subdivision heading preceding RSA 657:19 to read as follows:

Procedure for [Armed] Uniformed Services, Temporarily Absent Residing

Outside the United States, and Federal [Overseas Citizen] Offices Only Voting

26 Sending Ballots. RSA 657:19 is repealed and reenacted to read as follows:

657:19 Sending Ballots.

I. Upon receipt of a properly executed application for a absentee ballot from a uniformed services voter, a temporarily absent voter residing outside the United States, or a voter qualified to receive a federal offices only absentee ballot, whether the form supplied by the secretary of state, the federal post card application, or a written statement containing the information required by RSA 657:4, a town or city clerk shall retain the application and, without delay, enter the application in the statewide centralized voter registration database.

II. A write-in absentee ballot shall be sent to a voter qualified to vote using a write-in absentee ballot in accordance with RSA 657:10-a without delay using either mail or electronic transmission as requested by the voter, if a request for an absentee write-in ballot is received 60 or more days before an election.

III. If a request for a primary election absentee ballot is received 45 or more days before a primary election, in accordance with the voter’s choice, the appropriate absentee ballot and instructions shall be electronically transmitted or mailed to the applicant no later than the day 45 days prior to the primary election. If a request for a primary election absentee ballot is received less than 45 days before a primary election the appropriate absentee ballot and instructions shall be electronically transmitted or mailed, in accordance with the voter’s choice, without delay.

IV. If a request for a general election absentee ballot is received 45 or more days before a general election the secretary of state shall, on behalf of the clerk and in accordance with the voter’s choice, electronically transmit or mail the appropriate absentee ballot, instructions, and related materials to the voter no later than the day 45 days prior to the general election. The secretary of state shall provide each city and town clerk with a list of all voters sent absentee ballots by the secretary pursuant to this section. Upon receipt of the report from the secretary of state, the clerk shall record the date that the absentee ballot was sent to the voter in the statewide centralized voter registration database.

V. If a request for a general election absentee ballot is received 44 or fewer days before a general election the clerk shall, in accordance with the voter’s choice, electronically transmit or mail the appropriate absentee ballot and instructions to the voter, without delay.

VI. All valid requests for absentee ballots for a general election received by a town and city clerk prior to the Monday before a primary election shall be entered into the statewide centralized voter registration database no later than that Monday and any valid requests received between that Monday and the forty-fifth day prior to a general election shall be entered into the statewide centralized voter registration database on the day received by the clerk. All requests for absentee ballots received after the date that is 45 days prior to an election shall be processed by the city or town clerk, without delay.

VII. The clerk shall send the appropriate ballot and materials as described in RSA 657:8 or 657:9, as applicable, regardless of whether the applicant appears on the checklist, and record the information pursuant to RSA 657:15.

VIII. The town or city clerk shall forward a copy of the applicant’s registration forms to the supervisors of the checklist.

IX. A town or city clerk who finds an absentee ballot application invalid shall provide the absent uniformed services voter, temporarily overseas voter, or federal overseas citizen voter the reason it is invalid within 7 days.

27 Federal Post card Application. RSA 657:19-a is repealed and reenacted to read as follows:

657:19-a Federal Post Card Application. The federal official post card form for simultaneous voter registration application and absentee ballot application shall be valid at any time for voter registration by a person qualified to vote as an absent uniform services voter, temporarily absent voter residing outside the United States, or a federal offices only voter domiciled outside the United States. An absentee ballot request on this postcard or in any other form received within the 18 months prior to the next state general election shall be valid for that state general election and all state and municipal elections to be held prior to that state general election. The town or city clerk shall forward a copy of all such federal post card voter registration forms to the supervisors of the checklist.

28 New Sections; Electronic Applications. Amend RSA 657 by inserting after section 19-a the following new sections:

657:19-b Procedure for Requesting Voter Registration Applications or Absentee Ballot Applications Electronically. Any person authorized in RSA 657:19-a to use the federal post card application may request and receive an absentee voter registration application by downloading the application from the secretary of state’s website, or request that the form be mailed by submitting an electronic request via the e-mail address designated on the website. The secretary shall send the requested application by mail or electronically in accordance with the voter’s choice.

657:19-c E-Mail Account Maintained by Clerks. As required by federal law, to satisfy their obligation to send and receive voting materials electronically, each town and city clerk shall establish and maintain an e-mail account and address, which shall be publically available to voters. Clerks shall notify the secretary of state of their e-mail address and any change to their address without delay.

29 Procedure by Voter. RSA 657:20 is repealed and reenacted to read as follows:

657:20 Procedure by Voter.

I. A voter receiving a paper ballot shall mark the ballot. The voter shall enclose and seal the ballot in the affidavit envelope provided. The voter shall then complete the affidavit on the outside of the envelope. The voter shall then place the affidavit envelope in the outer envelope provided. The voter shall write the voter’s domicile address in the upper left hand corner of the front of the outer envelope. The voter shall mail the envelope, affixing postage when necessary, or personally deliver the sealed outer envelope to the city or town clerk from whom it was sent. A voter with a disability may receive the assistance of another person in marking the ballot, completing the affidavit, and mailing the envelope.

II. A voter receiving a ballot and affidavit electronically shall print the ballot and affidavit on paper. Using the paper ballot printed from the electronic file, the voter shall mark the ballot. The voter shall complete the affidavit. The voter shall enclose and seal the ballot in an envelope. The voter shall enclose and seal said envelope and the completed affidavit form, in a second plain envelope. The voter shall write on the outside envelope in the upper left hand corner his or her name and domicile address. The voter shall mail the envelope, affixing postage when necessary, to the city or town clerk from whom it was sent. A voter with a disability may receive the assistance of another person in marking the ballot, completing the affidavit, and mailing the envelope.

30 Procedure by Clerk. RSA 657:21 is repealed and reenacted to read as follows:

657:21 Procedure by Clerk. Upon receipt of a return envelope purporting to contain an absentee ballot, the clerk of the city or town shall attach thereto the application for an absentee ballot submitted by the voter. All such envelopes shall be preserved unopened until election day.

31 Delivery to Moderator. Amend RSA 657:23 to read as follows:

657:23 Delivery to Moderator. Upon election day, prior to the closing of the polls or the time set for processing absentee ballots in accordance with RSA [659] 659:49, the clerk shall deliver all such envelopes and the applications therefor received by him or her and a list of absentee voter applications compiled pursuant to RSA 657:15 to the moderators in the several voting precincts in which the absentee voters assert the right to vote, taking a receipt from the moderator thereof[; except that no armed services ballot shall be rejected by a moderator for lack of an attached application].

32 Announcement by Moderator. Amend RSA 659:50 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; 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. If these conditions are not met, the moderator shall follow the procedure provided in RSA 659:53.

33 Challenges. Amend RSA 659:51 to read as follows:

659:51 Challenges. All absentee ballots are subject to challenge after the moderator publicly announces the name of the absentee voter but not after the ballot is removed from the envelope. A person who makes a challenge shall state the reason for the challenge. 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”. The moderator shall then determine if the challenge to the ballot is well grounded. If the moderator decides the challenge is well grounded, [he] 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. 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. [He] The moderator shall then proceed to deposit the ballot as provided in RSA 659:52.

34 Opening Envelope. Amend RSA 659:52 to read as follows:

659:52 Opening Envelope; Depositing Ballot. If the absentee ballot is not challenged, the moderator shall, after announcing the name of the voter, open the [affidavit] envelope containing the ballot so the affidavit [on the envelope] is not destroyed. [He] The moderator shall then take the ballot out of the envelope without unfolding the ballot or without permitting the ballot to be examined, and he or she shall preserve the affidavit [envelope] with the ballots cast at the election as provided in RSA 659:101. The moderator shall then have a checkmark placed beside the name of the absentee voter on the checklist and write therewith the letters "A.V.'' in red ink and shall then deposit the ballot in the ballot box.

35 New Section; Immaterial Defects; Electronically Transmitted Absentee Ballots. Amend RSA 659 by inserting after section 54 the following new section:

659:54-a Immaterial Defects; Electronically Transmitted Absentee Ballots. No electronically transmitted absentee ballot shall be rejected by the moderator for any ballot, envelope, or affidavit weight, size, or color, or any ink font size, alignment, or color.

36 Votes Counted After Processing of Absentee Ballots. Amend RSA 659:61 to read as follows:

659:61 Votes Counted After Processing of Absentee Ballots. After all absentee ballots have been processed, or processed and counted, as provided in RSA 659:49-55, and after the polls have closed, the election officials, except those disqualified in accordance with RSA 659:58, shall, under the supervision of the moderator, immediately begin counting the votes cast at the election. The moderator may use the assistance of a person appointed by the secretary of state or the attorney general to assist in the completion of the election return forms.

37 General content of Return. RSA 659:73 is repealed and reenacted to read as follows:

659:73 General Content of Return.

I. The election return forms shall be submitted on paper and electronically immediately after the completion of the vote count in the manner prescribed by the secretary of state. The return of votes shall include, but not be limited to:

(a) The name of each candidate printed on the ballot and the number of votes that candidate received for the listed office including any write-in votes for the same office on the same ballot where the voter did not mark the printed candidate name.

(b) For each office the number of seats for which a voter did not cast a vote.

(c) For each office the number of seats where the ballot was not counted because the voter marked more candidates than permitted.

(d) For each office the total number of votes cast for each write-in candidate and the candidate’s name, excluding write-in votes for candidates whose names were printed on the ballot where the voter did not mark the printed candidate name and the vote is reported under subparagraph (a).

(e) For any question submitted to the voters:

(1) The number of affirmative votes.

(2) The number of negative votes.

(3) The number of ballots where the voter did not cast a vote.

(4) The number of ballots where the ballot was not counted because the voter marked both yes and no.

(f) The number of voters who voted in person on election day checked off on the checklist as having voted.

(g) The number of absentee voters checked off on the checklist as having voted.

(h) The number of election day ballots received from the secretary of state brought to the polling place on election day, excluding ballots marked as test ballots and used prior to election day to test a ballot counting machine.

(i) The number of election day ballots cast on election day.

(j) If the polling place runs out of election day ballots, the number of absentee ballots used as election day ballots and cast.

(k) If the polling place runs out of election day ballots, the number of photocopy ballots used as election day ballots and cast.

(l) The number of Accessible Voting System ballots cast on election day.

(m) The number of state absentee ballots cast on election day.

(n) The number of federal offices only absentee ballots cast on election day.

(o) The number of state write-in absentee ballots cast on election day.

(p) The number of federal write-in absentee ballots cast on election day.

(q) In a primary, the number of ballots cast in the Democratic Party primary.

(r) In a primary, the number of ballots cast in the Republican Party primary.

(s) The number of people who registered to vote on election day.

II. The secretary of state shall provide guidance for completing the return of votes in the election procedure manual issued pursuant to RSA 652:22. The secretary of state may provide an electronic version of the return of votes capable of being used on a computer at the polling place to assist moderators and clerks in completing and submitting the paper and electronic forms.

38 Copies of Return. Amend RSA 659:75 to read as follows:

659:75 Forwarding; Retaining Copies of Return. One copy of the election return shall be forwarded by the town or ward clerk to the secretary of state in both paper and electronic form no later than [the Monday] 8:00 a.m. on the day following a state election unless the secretary of state orders them sooner. The other shall be kept by the town or city clerk and shall be open to public inspection at reasonable times. If an official state election return is sealed along with the ballots, the clerk having custody of the sealed ballots shall, at the request of the secretary of state, and in the presence of a state election official, unseal the ballots and retrieve the election return. The ballots shall be immediately resealed and the election return shall be delivered to the secretary of state by the election official.

39 General Neglect. RSA 659:77 is repealed and reenacted to read as follows:

659:77 General Neglect by Town or Ward Moderator and Clerk.

I. If any moderator shall neglect to cause an accurate count to be made of the votes cast as required by law, for which no other penalty is provided, he or she shall be guilty of a violation.

II. If any town or ward clerk shall neglect to make any return of votes required by law, for which neglect no other penalty is provided, he or she shall be guilty of a violation.

III. If a return of votes is not timely submitted or is submitted with significant defects, if a recount discloses that the election night vote count was significantly inaccurate, of if other significant deficiencies in the conduct of an election are documented the secretary of state shall report the same to the attorney general. Upon a finding by the attorney general that the late submission, miscount, or other significant deficiency was due to lack of training, lack of established procedures, negligence, or misconduct, the secretary of state in consultation with the attorney general shall appoint an election monitor who shall be an individual trained in the conduct of elections who shall attend portions of the ballot casting and all of the ballot counting to monitor the next election conducted in that town or ward. The finding of the attorney general may be appealed to the ballot law commission.

IV. An election monitor appointed under paragraph III shall have full access to the polling place, including authority to directly observe the registration of voters on election day, the checking in of voters by inspectors of elections, assistance to voters with disabilities, the use of the accessible voting system, the receipt of ballots, the processing of absentee ballots, and the counting of ballots, and may handle marked ballots for the purposes of instruction during the counting and tabulating process.

V. An election monitor appointed under paragraph III may provide training and guidance to the moderator and clerk who conducts the election. The election monitor shall issue a public written report within 30 days following the election to the voters of the town or ward, the secretary of state, and the attorney general, which shall be posted on the secretary of state’s website, documenting the extent to which the town or ward complies with state law and utilizes the best practices set forth in the election procedures manual and the NHVotes on-line training in conducting the monitored election.

40 Late Return. Amend RSA 659:78 to read as follows:

659:78 Late Return. Whenever the election return of any town or ward has not been received by the secretary of state [within 5 days] by 8:00 a.m. on the day after a state election, the secretary of state shall so notify the attorney general and the moderator, the selectmen, and the clerk of the town or ward who shall forward such return forthwith.

41 Incorrect or Incomplete Return. Amend RSA 659:79 to read as follows:

659:79 Incorrect or Incomplete Return; Amendment. If a town or ward clerk shall make an incorrect or incomplete election return, the moderator may require that clerk, at his or her own expense, to appear and amend the return according to the facts within 4 hours of receipt of notification from the secretary of state. If the clerk shall refuse to appear and amend the return, he or she shall be guilty of a violation.

42 Write-In Nomination. Amend RSA 659:88, I(b) to read as follows:

(b) A person whose name was not printed anywhere on the official state primary election ballot, and who receives the nomination of a party by write-in vote in a primary election and wishes to accept the nomination, shall file a declaration of candidacy with the secretary of state no later than [the second Monday] 3:00 p.m. on the first Friday after the primary. The declaration of candidacy shall be filed with the understanding that, where the form says "primary election,'' it shall be construed to mean "general election.'' A person who files a declaration of candidacy under this section shall be subject to the requirements of RSA 655:19 and 655:19-b relative to filing fees. The person may have the filing fee waived if he or she is unable to pay the fee by reason of indigency. Such person shall not, however, be required to pay the administrative assessment under RSA 655:19-c.

43 Rejection of Nomination by Write-In Vote. RSA 659:90 is repealed and reenacted to read as follows:

659:90 Rejection of Nomination by Write-In Vote. The name of a person nominated by write-in vote who fails to file a declaration of candidacy in person, by facsimile, or by e-mailing a signed declaration as an attachment with the secretary of state by 3:00 p.m. on the first Friday following the primary shall not be placed on the general election ballot and will be considered to have rejected the nomination.

44 Nomination for Incompatible Offices. Amend RSA 659:91 to read as follows:

659:91 Nominations for Incompatible Offices. Any person who is nominated by the same political party for incompatible offices shall notify the secretary of state in person, in writing, by facsimile transmission, or by e-mailing a signed statement as an attachment no later than 3:00 p.m. on the [Monday] Thursday following the date of the primary of which nomination he or she will accept. Thereupon the secretary of state shall declare a vacancy to exist in the nomination which such person declined. The vacancy shall be filled as provided in RSA 655:37 except that all the necessary declarations of candidacy and affidavits shall be filed no later than 5:00 p.m. on the [second] Friday following the date of the primary.

45 Sealing and Certifying Ballots. Amend RSA 659:95 to read as follows:

659:95 Sealing and Certifying Ballots.

I. Immediately after the ballots cast at a state election have been tabulated and the result has been announced and the return has been made, the moderator or the moderator’s designee, in the presence of the selectmen or their designee, shall place the cast, cancelled, and uncast ballots, including such ballots from any additional polling places, and further including the successfully challenged and rejected absentee ballots still contained in their envelopes, in the containers provided by the secretary of state as required by RSA 659:97 and shall seal such container with the sealer provided by the secretary of state as required by RSA 659:97. The moderator or the moderator’s designee shall then enter in the appropriate blanks on such sealer on each container the number of cast, cancelled, and uncast ballots in such container and shall endorse in the appropriate place on such sealer a certificate in substance as follows: Enclosed are the ballots from the state election in the town of ______________ (or in ward _______________ in the city of _________________) held on __________, 20___, Box _____ of _____, [required by law] to be preserved in accordance with RSA 33-A:3-a. The moderator and the selectmen or their designee shall sign their names in the appropriate blanks on the sealer.

II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged absentee ballots still contained in their envelopes, prepared or preserved in accordance with the election laws shall be exempt from the provisions of RSA 91-A. This exemption shall apply to any ballots or absentee voter [affidavit envelopes] affidavits prepared for or used in any election conducted by the state or any political subdivision, including federal elections.

46 Forwarding Ballots to the Secretary of State. Amend RSA 659:99 to read as follows:

659:99 Forwarding Ballots to the Secretary of State. If any person shall make a request for a recount as provided in RSA 660, or if the secretary of state shall request the ballots of the recent election, the clerk having the custody of such ballots shall, at the request of the secretary of state, forward the ballots forthwith to the secretary of state.

47 Delivery of Ballots to Town Clerk. Amend RSA 659:98 to read as follows:

659:98 Delivery of Ballots to Town Clerk.

I. The moderator, or [his] the moderator’s designee, and the selectmen, or their designee, after they have sealed and certified the state election ballots as provided in RSA 659:95 and [96] 659:96, shall deliver the sealed containers to the town or city clerk, or to [his] the clerk’s designee, who shall in their presence enter in the appropriate place on each sealer the time of day and shall sign his or her name in the appropriate blank on the sealer. Except for state primary election ballots, the clerk or [his] designee shall, without breaking the seals or otherwise changing the condition of the containers, deposit the containers in the town or city hall, where the ballots shall be kept for a period of 60 days.

II. After a state primary, the town or city clerk of each town and city in Carroll, Cheshire, Coos, Grafton, Strafford, and Sullivan counties, shall deliver the sealed boxes of ballots from the primary to the location designated by the secretary of state to receive the paper return of votes and ballots immediately following the completion of the counting and sealing of ballots. The secretary of state shall cause all such returns and ballots to be collected and delivered to Concord.

III. The secretary of state shall collect state primary ballots from clerks in Belknap, Hillsborough, Merrimack, and Rockingham counties on the Wednesday or Thursday following the primary between 8:00 a.m. and 5:00 p.m. Any clerk whose office will not be open during these hours shall notify the secretary of state and shall, accompanied by at least one voter who is not a member of the same political party as the clerk, deliver the ballots to a nearby town or city clerk’s office that will be open during those hours or shall arrange for a law enforcement officer to transport the ballots to that office.

48 Preservation of Voting Materials. Amend RSA 659:101 to read as follows:

659:101 Preservation of Absentee Voting Materials, Election Day Affidavits, and Domicile Affidavits. The [affidavit envelopes] absentee ballot affidavits and application forms processed by the moderator as provided in RSA 659:50, the absentee ballots challenged and rejected as provided in RSA 659:51 and RSA 659:53, and the qualified voter 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] shall be preserved in the same manner that ballots are preserved. Qualified voter, 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] after the election is settled and all appeals have expired or one year after the election, whichever is longer.

49 Primary Recount Applications. Amend RSA 660:7 to read as follows:

660:7 Application.

I. Any person for whom a vote was cast for any nomination of any party at a state primary may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate of that party declared nominated is less than [20] 10 votes or less than 1.5 percent of the total [votes] ballots cast [for candidates of] in the primary for that party in the towns which comprise the office to be recounted. The application shall be made in writing to the secretary of state and shall be submitted no later than 5:00 p.m. on the day after the primary election. The request may be made in person, by facsimile transmission, or as an attachment to an e-mail. The fee shall be paid prior to the beginning of the recount. Recounts shall begin 2 days after the primary election and shall be conducted so as to complete all recounts involving towns or wards which have pending requests for absentee ballots from Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voters no later than 8:00 a.m. on the Saturday following the primary. Other recounts shall begin during the week following the primary.

II. Any person receiving at least 9 percent of the votes cast in any party's presidential primary may apply for a recount. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday after the primary for a recount of all ballots cast for such nomination. Each candidate requesting a recount shall pay the secretary of state fees as provided in RSA 660:2.

50 Vacancies; State Representative. Amend RSA 661:8, III to read as follows:

III. Notwithstanding the provisions of paragraph II, if a vacancy occurs in the office of state representative in a district comprised of a city ward or wards, a request to hold the primary and special elections on the same dates as the city's biennial primary and regular elections may be submitted to the governor and council by the governing body of the city. If so requested, the governor and council shall declare the vacancy not less than [50] 63 days prior to the date of the city's primary election. The filing period shall be held not more than [41] 57 days nor less than [34] 50 days prior to the primary election. The provisions of RSA 655:81, III, VI, VII, VIII, IX, X, and XI shall apply to elections held pursuant to this paragraph.

51 Ballot Law Commission; Hearing Date. Amend the introductory paragraph of RSA 665:5, I to read as follows:

I. [If necessary,] The ballot law commission shall meet [on the fourth Friday of September in each general election year and] at 9:00 a.m. on the Saturday following the state primary election and, if necessary, on the third Friday following the presidential primary election in order to hear and decide:

52 Reference Changed. Amend RSA 669:4 to read as follows:

669:4 Qualifications of Voters. Any person having his or her domicile within the town and qualified to vote under RSA 654:1-654:2 and [654:4] 654:3-654:6 and who is on the town checklist shall be qualified to vote in town elections.

53 Reference Changed. Amend RSA 670:3 to read as follows:

670:3 Voters and Checklists. Any person having his or her domicile within the village district and qualified to vote as provided in RSA 654:1, 654:2 and [654:4] 654:3-654:6 and whose name is on the village district checklist shall be entitled to vote in any village district election. An updated checklist shall be used at all village district elections and meetings for the same purposes as checklists are used by towns as provided in RSA 669:5. Such checklist or checklists, if the district is located in more than one town, shall be used in the election of district officers.

54 Reference Changed. Amend RSA 671:14 to read as follows:

671:14 Qualifications. Any person domiciled in the school district who is qualified to vote as provided in RSA 654:1-654:2 and [654:4] 654:3-654:6 and who is on the school district checklist shall be entitled to vote at any school district election.

55 Repeal. RSA 654:4, relative to armed services voters, is repealed.

56 Effective Date. This act shall take effect upon 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.