Revision: Feb. 4, 2011, midnight
SB 129-FN – AS INTRODUCED
2011 SESSION
03/04
SENATE BILL 129-FN
AN ACT requiring valid photo identification to vote in person.
SPONSORS: Sen. Carson, Dist 14; Sen. Barnes, Jr., Dist 17; Rep. Tucker, Rock 17
COMMITTEE: Public and Municipal Affairs
This bill requires that a voter present a valid photo identification to vote in person. Voters without photo identification may vote by provisional ballot. This bill also eliminates the fee for nondriver’s picture identification cards.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0420
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT requiring valid photo identification to vote in person.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Obtaining a Ballot. Amend RSA 659:13 to read as follows:
659:13 Obtaining a Ballot.
I. A person desiring to vote shall, before being admitted to the enclosed space within the guardrail, announce his or her name to one of the ballot clerks who shall thereupon repeat the name; and, if the name is found on the checklist by the ballot clerk, the ballot clerk shall put a checkmark beside it and again repeat the name. The ballot clerk shall state the address listed on the checklist for the voter, and ask if the address is correct; if the address on the checklist is not correct, the ballot clerk shall correct the address in red on the paper checklist and the supervisors of the checklist shall cause the centralized voter registration database to reflect the correction. The ballot clerk shall request that the voter present a valid photo identification meeting the requirements of paragraph II. If the voter does not have a valid photo identification, the ballot clerk shall inform the voter that he or she may vote by provisional ballot in accordance with RSA 659:13-b and present a valid photo identification to the city or town clerk within 10 days of the election. The voter, if still qualified to vote in the town or ward and having presented a valid photo identification verifying the voter’s identity, and unless challenged as provided for in RSA [659:27-33] 659:27 through 659:33, shall then be allowed to enter the space enclosed by the guardrail. After the voter enters the enclosed space, the ballot clerk shall give the voter one of each ballot to be voted on in that election which shall be folded as it was upon receipt from the secretary of state.
II. A valid photo identification shall satisfy all the following:
(a) The identification shows the name of the individual to whom the identification was issued, and the name substantially conforms to the name in the individual’s voter registration record.
(b) The identification shows a photograph of the individual to whom the identification was issued.
(c) The identification includes an expiration date, and the identification is not expired.
(d) The identification was issued by the United States, the state of New Hampshire, or an educational institution licensed or approved by the postsecondary education commission.
2 New Section; Provisional Ballot. Amend RSA 659 by inserting after section 13-a the following new section:
659:13-b Provisional Ballot.
I. If a voter has not presented a valid voter identification under RSA 659:13 and is otherwise qualified to vote, the voter may cast a provisional ballot. The ballot clerk shall indicate on the checklist that the voter has voted by provisional ballot. The provisional ballot shall be the same as the ballot used at the polling place, but shall be sealed by the voter after he or she has marked the ballot in a provisional ballot envelope. The envelope shall contain an affidavit to be executed by the voter containing the same information as the affidavit of a challenged voter and shall sufficiently identify the voter to allow verification of the ballot once the voter has confirmed his or her identity.
II. The moderator shall retain possession of the provisional ballots in their sealed envelopes until the closing of the polls, at which time the moderator shall cause the provisional ballots to be delivered to the city or town clerk.
III. Within 10 days of the election, a voter who has cast a provisional ballot may appear in person before the city or town clerk and present a valid photo identification meeting the requirements of RSA 659:13, II. Upon satisfaction of the identity of the voter, the clerk shall mark the checklist and provisional ballot envelope to that effect. At the expiration of 10 days from the date of the election, the clerk shall forward all provisional ballots for which verification of identity has been provided to the moderator.
IV. The moderator, upon receipt of the verified provisional ballots, shall open the envelopes and count the votes. The moderator shall prepare an amended election return, which shall be prepared and forwarded in the same manner as any other election return. Provisional ballots shall be sealed and preserved in the same manner as other ballots.
3 Repeal. The following are repealed:
I. RSA 260:21, V, relative to fee for nondriver’s picture identification card.
II. RSA 260:22, relative to disposition of fees.
4 Effective Date. This act shall take effect July 1, 2011.
LBAO
11-0420
Revised 02/04/11
SB 129 FISCAL NOTE
AN ACT requiring valid photo identification to vote in person.
FISCAL IMPACT:
The Department of Safety states this bill will decrease state highway fund revenues by $120,415, have an indeterminable fiscal impact on state highway fund expenditures, and decrease state restricted revenues by $120,415 in FY 2012 and in each year thereafter, and will decrease local revenues by $14,450 in FY 2013 and each fiscal year thereafter. The Department of State states this bill may increase state general fund expenditures by an indeterminable amount in FY 2012 and each fiscal year thereafter. The New Hampshire Municipal Association states this bill may increase local expenditures in FY 2012 and each fiscal year thereafter. There will be no fiscal impact on county and local revenues, or county expenditures.
METHODOLOGY:
The Department of Safety states this bill would require individuals to present valid photo identification to the ballot clerk to verify identity in order to vote. The Department states one of the forms of identification permitted would be a state issued non-driver picture identification card and this bill repeals the fee the Department collects for issuance of those cards. The Department states it estimates this repeal may reduce fee collections by $240,830 per year ($10 fee X approximately 24,083 non-driver identification cards issued annually). Currently, non-driver identification card fees are split in half between the Division of Motor Vehicles for the costs of issuing the cards and the highway fund ($240,830 ÷ 2 = $120,415). Pursuant to RSA 235:23, 12% of the preceding year’s highway fund revenues are to be distributed to municipalities. The Department therefore estimates a decrease state highway fund expenditures and local revenues of $14,450 ($120,415 X 12%) in FY 2013 and each fiscal year thereafter.
The Department of Safety also states this bill would require programming and form changes. The Department estimates 75 hours for programming changes at $175 per hour plus $500 for form changes to the application for a non-drivers identification card for a total of $13,625 in costs to be incurred in FY 2012 as a result of this bill. The Department also states this bill may generate additional requests for non-drivers identification cards as there would no longer be a fee. The Department states it incurs a $2.41 marquis fee per card it issues. The Department states it cannot predict the potential increase in marquis fees it could incur as a result of an increase in demand for non-driver identification cards as a result of this bill.
The Department of State states this bill would require voters to present a photo identification card issued by the state of New Hampshire, the federal government, or certain postsecondary institutions to obtain a ballot to vote, and also repeals the fee for non-driver identification cards issued by the state. The Department states this bill also requires voters showing up at the polls without valid identification to vote by provisional ballot and bring valid identification to the town clerk on a subsequent day for their vote to count. The Department states under this bill it would be required to provide provisional ballot envelopes to each polling place and will require them to provide additional staff following an election to handle the late election returns and meet certain time obligations complicated by the additional window to receive ballots after the election, including conducting recounts, preparing absentee ballots and certifying results. The Department states it is unable to determine specific staffing needs or potential costs at this time, however it predicts the following costs associated with supplying additional provisional ballot envelopes:
Number of envelopes needed |
95,000 |
Total envelope costs ($54 per thousand) |
$5,130 |
Shipping costs |
$1,000 |
Per Election Cost of Supplying Provisional Ballot Envelopes |
$6,130 |
FY 2012 |
FY 2013 |
FY 2014 |
FY 2015 | |
Cost Per Election |
$6,130 |
$6,130 |
$6,130 |
$6,130 |
# Elections |
1 |
2 |
0 |
1 |
Total Cost |
$6,130 |
$12,260 |
$0 |
$6,130 |
The New Hampshire Municipal Association states this bill requires all voters to present valid photo identification in order to vote and voters who are unable to do so would be permitted to vote by provisional ballot. The Association states this process would increase the time needed for each voter to check in and vote and municipalities may need to respond to this by appointing additional ballot clerks or extending polling locations. In either case, the Association states there would likely be an increase in local expenditures. As the effect of this bill would vary among municipalities, the Association is unable to determine the fiscal impact on local expenditures.