HB1164 (2012) Detail

Requiring documentation of qualifications for presidential candidates.


HB 1164 – AS INTRODUCED

2012 SESSION

12-2064

03/09

HOUSE BILL 1164

AN ACT requiring documentation of qualifications for presidential candidates.

SPONSORS: Rep. DeLemus, Straf 1; Rep. Rappaport, Coos 1

COMMITTEE: Election Law

ANALYSIS

This bill requires that presidential candidates submit documentation that they meet the qualifications for office in the United States Constitution.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2064

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT requiring documentation of qualifications for presidential candidates.

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

1 New Paragraph; Presidential Candidates Who File Nomination Papers. Amend RSA 655:17-b by inserting after paragraph II the following new paragraph:

III.(a) The candidate shall append to the declaration of intent documents that prove that the candidate is a natural born citizen, prove the candidate’s age, and prove that the candidate meets the residency requirements for president of the United States as prescribed in article II, section 1, Constitution of the United States. The documents, which shall be sworn to under penalty of perjury, shall be:

(1) A certified copy of the original long form birth certificate that includes the date and place of birth.

(2) A sworn statement that identifies the candidate’s places of residence in the United States for 14 years.

(b) If the candidate fails to submit and swear to the documents prescribed in this section, the secretary of state shall not place that presidential candidate’s name on the ballot in this state.

2 New Paragraph; Declarations of Candidacy for Presidential Nomination. Amend RSA 655:47 by inserting after paragraph III the following new paragraph:

IV.(a) The candidate shall append to the declaration of candidacy documents that prove that the candidate is a natural born citizen, prove the candidate’s age, and prove that the candidate meets the residency requirements for president of the United States as prescribed in article II, section 1, Constitution of the United States. The documents, which shall be sworn to under penalty of perjury, shall be:

(1) A certified copy of the original long form birth certificate that includes the date and place of birth.

(2) A sworn statement that identifies the candidate’s places of residence in the United States for 14 years.

(b) If the candidate fails to submit and swear to the documents prescribed in this section, the secretary of state shall not place that presidential candidate’s name on the ballot in this state.

3 New Section; Candidates for Office of President and Vice-President of the United States. Amend RSA 656 by inserting after section 4-a the following new section:

656:4-b Candidates for Office of President and Vice-President of the United States.

I. The national political party committee for a candidate for president for a party shall provide to the secretary of state written notice of that party’s nomination of its candidates for president and vice-president. Within 10 days after submittal of the names of the candidates, the national political party committee shall submit an affidavit of the presidential candidate in which the presidential candidate states the candidate’s citizenship and age and shall append to the affidavit documents that prove that the candidate is a natural born citizen, prove the candidate’s age, and prove that the candidate meets the residency requirements for president of the United States as prescribed in article II, section 1, Constitution of the United States.

II. The affidavit prescribed in paragraph I shall include references to and attachment of all of the following, which shall be sworn to under penalty of perjury:

(a) A certified copy of the original long form birth certificate that includes the date and place of birth.

(b) A sworn statement that identifies the candidate’s places of residence in the United States for 14 years.

III. If both the candidate and the national political party committee for that candidate fail to submit and swear to the documents prescribed in this section, the secretary of state shall not place that presidential candidate’s name on the ballot in this state.

4 Effective Date. This act shall take effect January 1, 2013.