Revision: March 21, 2012, midnight
SB 318-FN – AS INTRODUCED
2012 SESSION
03/04
SENATE BILL 318-FN
AN ACT relative to eligibility to vote, voter registration, and verifying identity of voters.
SPONSORS: Sen. Carson, Dist 14; Sen. Barnes, Jr., Dist 17; Sen. Bradley, Dist 3; Sen. De Blois, Dist 18; Sen. Groen, Dist 6; Sen. Lambert, Dist 13; Sen. Rausch, Dist 19; Sen. White, Dist 9
COMMITTEE: Public and Municipal Affairs
This bill:
I. Requires that the secretary of state pay the cost for a picture identification card upon presentation of a voucher to the division of motor vehicles.
II. Establishes that a claim of domicile for voting purposes shall be conclusive of residence for all other legal purposes.
III. Requires that voters present a photo identification or execute an identity verification affidavit.
IV. Modifies forms and procedures for voter registration.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2983
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to eligibility to vote, voter registration, and verifying identity of voters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Election Fund Reimbursement. Amend RSA 5:6-d, III to read as follows:
III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of voting equipment which complies with Help America Vote Act of 2002, Public Law 107-252, reimbursing the department of safety for nondriver’s picture identification cards, election law enforcement, and improvements to related information technology, including acquisition and operation of an automated election management system. The secretary of state shall not expend any monies in the election fund unless the balance in the fund following such expenditures shall be at least 15 times the estimated annual cost of maintaining the programs established to comply with the Help America Vote Act of 2002, Public Law 107-252.
2 Identification Cards; Voucher. Amend RSA 260:21, V to read as follows:
V.(a) The fee for such card shall be $10 and is not refundable, except that no fee shall be charged to any person who, for reason of health or age, turns in his or her driver’s license before the expiration date of such license. For purposes of this section, reasons of age shall be deemed to apply only to those persons over age 65. A qualified voter who requires a photo identification card for voter identification purposes shall be entitled to obtain a voucher in the form provided for in subparagraph (b) from his or her town or city clerk or the secretary of state exempting the voter from the identification card fee. Upon presentation of the voucher to the division, the division shall issue the card to the voter and the actual costs of issuing the card shall be paid by the secretary of state from the election fund established under RSA 5:6-d. An identification card paid for by the secretary of state shall be valid for voter identification purposes only, and the card shall be marked “for voter identification only.”
(b) The identification card voucher shall be in the following form:
IDENTIFICATION CARD VOUCHER
To be completed by applicant:
Name: __________________________
Address: ________________________
I hereby swear or affirm that I require a photo identification for voting purposes and that I do not possess a form of identification that meets the requirements of the election laws of this state.
I hereby swear or affirm that I am the identical person whom I represent myself to be and that to the best of my knowledge and belief the information above is true and correct.
_______________________________
(Signature of applicant)
To be completed by town or city clerk:
I, the clerk of ________________ (town or city), hereby swear or affirm that the person identified on this voucher is qualified to vote in this city or town.
_______________________________
(Signature of town or city clerk)
3 Voter, Office Holder; Claim of Domicile. Amend RSA 654:1, I to read as follows:
I. Every inhabitant of the state, having a single established domicile for voting purposes, being a citizen of the United States, of the age provided for in Article 11 of Part First of the Constitution of New Hampshire, shall have a right at any meeting or election, to vote in the town, ward, or unincorporated place in which he or she is domiciled. An inhabitant’s domicile for voting purposes is that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government. A person has the right to change domicile at any time, however a mere intention to change domicile in the future does not, of itself, terminate an established domicile before the person actually moves. A person’s claim of domicile for voting purposes shall [not] be conclusive of the person’s residence for [any] all other legal [purpose] purposes.
4 Voter Registration. Amend RSA 654:7 to read as follows:
654:7 Voter Registration; Voter Registration Form.
I. Any person registering to vote shall be:
(a) At least 18 years of age on the day of the election; and
(b) A United States citizen; and
(c) Domiciled in the town or city in which the applicant is registering to vote and not otherwise disqualified to vote.
II. The applicant shall be required to produce appropriate proof of qualifications as provided in RSA 654:12 and fill out the form as prescribed in paragraph IV.
III. If an applicant is unable to provide the proof of qualifications as required in RSA 654:12, he or she may register by completing the necessary affidavits, pursuant to RSA 654:12, and completing the form in paragraph IV.
IV. A standard registration application form shall be used throughout the state. The registration form shall be no larger than 8 1/2 inches by 11 inches. The secretary of state shall prescribe the form of the voter registration form, which shall be in substantially the following form:
Date ______________________________
VOTER REGISTRATION FORM
(Please print or type)
1. Name _______________________________________________________________________________
Last (suffix) First Full Middle Name
2. Address _____________________________________________________________________________
Street Ward Number
_______________________________________________________________________________________
Town or City Zip Code
3. Mailing Address if different than in 2 __________________________________________________
Street Ward Number
_______________________________________________________________________________________
Town or City Zip Code
4. Place and Date of Birth _________________________________________________________________
Town or City State
Date____________________
5. If a naturalized citizen, give name of court where and date when naturalized ____________________________________________________________________________________________
6. Place last registered to vote _______________________________________________________________
Street Ward Number
7. Name under which previously registered, if different from above
____________________________________________________________________________________________
8. Party Affiliation (if any) __________________________________________________________________
9. Driver's License Number __________________________State _________________________________
If you do not have a valid driver's license, provide the last four digits of your social security number ___ ___ ___ ___
My name is ____________________. I am today registering to vote in the city/town of ____________________, New Hampshire.
I understand that to vote in this city/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this city/town.
[I understand that I can claim only one city/town as my domicile at a time. A domicile is that place, more than any other, where I sleep most nights of the year, or to which I intend to return after a temporary absence. By registering or voting today, I acknowledge that I am not registering to vote or voting in any other city/town.]
I understand that a person can claim only one state and one city/town as his or her domicile at a time. A domicile is that place, to which upon temporary absence, a person has the intention of returning. By registering or voting today, I am acknowledging that I am not domiciled in any other state or any other city/town. I understand that if I am domiciled in another state or city/town, I may be entitled to vote in elections held within that state or city/town by absentee ballot.
In declaring New Hampshire as my domicile, I am subject to the laws of the State of New Hampshire which apply to all residents, including laws requiring me to register my motor vehicles and apply for a New Hampshire’s driver’s license within 60 days of becoming a resident.
In declaring New Hampshire as my domicile, I realize that I may be forfeiting benefits or rights, including the right to vote in another state.
If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a supervisor of the checklist is available to address my questions or concerns.
I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town, and, if registering on election day, that I have not voted and will not vote at any other polling place this election.
____________________ ____________________
Date 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.
5 Qualified Voter Affidavit. Amend RSA 654:12, I(a) to read as follows:
(a) CITIZENSHIP. The supervisors of the checklist, or the town or city clerk, shall accept from the applicant any one of the following as proof of citizenship: the applicant's birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, a qualified voter affidavit, or any other reasonable documentation which indicates the applicant is a United States citizen. The qualified voter affidavit shall be in the following form, and shall be retained in accordance with RSA 33-A:3-a:
Date: ____________________
QUALIFIED VOTER AFFIDAVIT (Identity, Citizenship, Age)
Name: ____________________
Name at birth if different: ____________________
Place of birth: ____________________
Date of birth: __________
Date and Place of Naturalization: ____________________
I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am not in possession of documents necessary to prove my identity, citizenship, and age and that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), that I am a United States citizen, that I am at least 18 years of age as of this date or will be at the next election, and that to the best of my knowledge and belief the information above is true and correct.
____________________
(Signature of applicant)
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.
On the date shown above, before me, ____________________ (print name of notary public, justice of the peace, election officer), appeared ____________________ (print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.
_______________________________
Notary Public/Justice of the Peace/
Official Authorized by RSA 659:30
6 Domicile Affidavit. Amend RSA 654:12, I(c) to read as follows:
(c) DOMICILE. Any reasonable documentation which indicates that the applicant has a domicile and intends to maintain a domicile, as defined in this chapter, in the town, city, or ward in which he or she desires to vote, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, an affidavit in the following form, which shall be retained in accordance with RSA 33-A:3-a:
DOMICILE AFFIDAVIT
Date: __________
Name: ____________________
Current Domicile Address: ____________________
Street Ward Number
____________________
Town or City Zip Code
Date when current domicile was established: Month: ___ Year: ___
Place and date of birth: ____________________
Address of last previous domicile: ____________________
Street Ward Number
____________________
Town or City Zip Code
I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am not in possession of necessary documents to prove my domicile and that my established domicile is at the current domicile address I have entered above. I understand that I can claim only one city/town as my domicile at a time. A domicile is that place, more than any other, where I sleep most nights of the year, or to which I intend to return after a temporary absence. By registering or voting today, I acknowledge that I am not registering to vote or voting in any other city/town, and that to the best of my knowledge and belief the information above is true and correct.
____________________
(Signature of applicant)
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.
On the date shown above, before me, ____________________ (print name of notary public, justice of the peace, election officer), appeared ____________________ (print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.
____________________
Notary Public/Justice of the Peace/ Official Authorized by RSA 659:30
7 Voter Records. Amend RSA 654:12, V(a) 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. The person entering the voter information of election day residents into the centralized voter registration database shall cause the records to indicate if the voter executed a domicile affidavit.
8 New Subparagraphs; Voter Registration; Domicile Verification. Amend RSA 654:12, V by inserting after subparagraph (c) the following new subparagraphs:
(d) Within 90 days of each state election, the secretary of state shall cause a list of persons executing domicile affidavits since the prior election to be forwarded to the attorney general, the division of motor vehicles, and the clerk of the city or town in which such persons registered. The division of motor vehicles shall send a letter to each such person informing him or her of the obligation to obtain a New Hampshire driver's license within 60 days of becoming a New Hampshire resident. The division of motor vehicles shall mark the envelope with instructions to the United States Post Office not to forward the letter and to provide address correction information.
(e) The division of motor vehicles shall cause any letters mailed pursuant to subparagraph (d) that are returned as undeliverable by the United States Post Office to be referred to the attorney general and the attorney general shall cause an investigation to be made to determine whether fraudulent registration or voting occurred.
9 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;] present to the ballot clerk valid photo identification issued by a state or federal government or, if the voter cannot produce the necessary photo identification, he or she may execute and present to the ballot clerk the affidavit set forth in paragraph II. The ballot clerk shall thereupon state the name found on the photo identification or affidavit 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] return the photo identification to the voter or retain the affidavit with the other election day materials. 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 or is different from the address provided on the photo identification or the affidavit, 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 voter, if still qualified to vote in the town or ward 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. The identity verification affidavit for purposes of obtaining a ballot shall be in the following form:
IDENTITY VERIFICATION AFFIDAVIT
Name: ____________________
Address: ___________________________
I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), that I am a United States citizen, that I am at least 18 years of age as of this date, and that I am not in possession of a state or federal government issued photo identification, and that to the best of my knowledge and belief the information above is true and correct.
_________________________
(Signature of applicant)
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.
III.(a) The clerk shall forward all identity verification affidavits to the secretary of state within 30 days of the election.
(b) The secretary of state shall cause a letter of identify verification to be mailed by first class mail to each voter who completed an identity verification affidavit. The letter shall be mailed within 90 days after the 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 he or she may obtain a photographic identification from their nearest department of motor vehicles substation free of charge by following the procedures outlined in RSA 260:21, V(a).
(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 and the attorney general shall cause an investigation to be made to determine whether fraudulent registration or voting occurred.
10 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2983
12/21/11
SB 318-FN - FISCAL NOTE
AN ACT relative to eligibility to vote, voter registration, and verifying identity of voters.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Judicial Branch, Department of Justice, and Department of State. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.