HB 1671-FN – AS AMENDED BY THE HOUSE
03Feb2010… 0224h
2010 SESSION
03/05
HOUSE BILL 1671-FN
AN ACT relative to election day registrants.
SPONSORS: Rep. Jasper, Hills 27
This bill requires election day registrants who do not verify their identity to return a mailed identity verification.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Feb2010… 0224h
10-2421
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to election day registrants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Identity Verification. Amend RSA 654:12, V to read as follows:
V.(a) The election official approving the application for registration as voter of a person who does not present an approved form of photo identification as proof of identity when registering, shall mark the voter registration form to indicate that no photo identification was presented and shall inform the person that, if he or she is a first-time election day registrant in New Hampshire, he or she will receive a letter of identity verification. The person entering the voter information into the centralized voter registration database shall determine if the person is listed in the system as having been previously registered in the town or ward reported by the applicant on the voter registration form. If the person is a new registrant who has not been previously registered anywhere in New Hampshire or if the centralized voter registration database does not confirm a previous registration claimed on the voter registration form, the election official shall cause the record created in the centralized voter registration database to indicate that the person is a new applicant in New Hampshire and that no photo identification was presented. When municipalities enter information on people who register on election day into the centralized voter registration database, to the extent practical applicants who are registering for the first time in New Hampshire and who also register without presenting an approved photo identification shall be entered first.
(b) The secretary of state shall cause a letter of identity verification to be mailed by first class mail to each voter identified at a state general election as a first-time election day registrant in New Hampshire who also did not verify his or her identity with an approved photo identification. The letter shall be mailed within 90 days after the general election. The secretary of state shall mark the envelope with instructions to the United States Post Office not to forward the letter and to provide address correction information. The letter shall notify the person that a person who was unable to present photo identification registered or registered and voted using his or her name and address and instruct the person to return the letter within 30 days with a written confirmation that the person registered and voted or to contact the attorney general immediately if he or she did not register and vote.
(c) The secretary of state shall cause any letters mailed pursuant to subparagraph (b) that are returned as undeliverable by the United States Post Office to be referred to the attorney general. The secretary of state shall also prepare and forward to the attorney general a list of all persons who were mailed letters under subparagraph (b) and have not confirmed their registration. Upon receipt of notice from a person who receives a letter of identity verification that the person did not register and vote, or upon receipt of a referral from the secretary of state, the attorney general shall cause an investigation to be made to determine whether fraudulent registration or voting occurred.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2421
12/17/09
HB 1671-FN - FISCAL NOTE
AN ACT relative to election day registrants.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, the Department of Justice, the Department of Corrections, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2010 and each year thereafter. The Department of State states this bill will increase state expenditures by $100 in FY 2011 and $200 in FY 2013. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would amend RSA 654:12 V(b) and (c) to require election day registrants who do not verify their identity with photo identification to return an identity verification form mailed by the Secretary of State. The Branch states the names of those who do not confirm their registration are referred to the Attorney General for investigation into possible voter fraud. The Branch states there does not appear to be a penalty for failure to return the identity verification; therefore, the only potential fiscal impact to the Branch from the proposed bill would be in additional prosecutions for voter fraud pursuant to RSA 659:34, as a result of investigations conducted by the Attorney General. Depending on the nature of the fraud, voter fraud can be a class A misdemeanor or a class B felony, and could also lead to a complex civil case. The Branch states the average cost of a class A misdemeanor case is $51.14, a class B felony case is $335.98, and a complex civil action is $559.43 in FY 2010 and each year thereafter. The Branch does not have enough information to project the number of charges brought as a result of the changes contained in the bill, so it is unable to provide a specific estimate of the amount of the increase in expenditures. Any appeals would increase costs even further. The Branch states one could reasonably estimate a fiscal impact in excess of $10,000, however its statistics illustrate that, from January 1, 1999 through June 30, 2008, only five charges of violation of RSA 659 were filed, so it does not anticipate a significant fiscal impact from the proposed bill.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fees of $275
per misdemeanor or $756.24 per felony are charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $4,100 for a felony charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The Department of Justice states the criminal offense created by the bill will increase the Department’s expenditures by an indeterminable amount. The Department states the proposed legislation will also require development of a system to notify the Department of State of those instances when a voter does not respond to the request for identification verification, and that such development will entail approximately one week’s worth of time for an assistant attorney general. The Department also projects the bill will increase the number of voter verifications performed, and the verification process typically includes an investigation. The Department estimates these investigations will occupy about 10% of a full-time investigators time. The Department assumes the additional duties for these two positions can be absorbed by existing staff, although some of the duties currently performed by the existing staff may be postponed or suspended altogether. The Department estimates the number of voter fraud prosecutions, and thus the costs for voter fraud prosecutions, will increase. The Department also states prosecutions resulting in convictions could lead to appeals, which would increase costs even further. The Department is unable to estimate how many cases would be prosecuted or subsequently appealed, so it cannot provide a specific estimate of the potential cost increase.
The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2009 was $33,110. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2009 was $744. The Department states this bill may increase expenditures by an indeterminable amount, but is unable to predict the number of individuals that might be impacted.
The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The
Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,342 a year.
The Department of State states the proposed bill requires return notification of letters sent to first time voters who registered without presenting photo identification. From historical experience, the Department projects 100 voters would fall into this category in a non-presidential election year and 200 voters in a presidential election year. A return card and envelope, with postage paid, would be mailed to these voters to confirm they registered to vote in the last general election. The Department estimates a cost per mailing of $1 for materials, preparation, and postage.