SB 183-FN – AS INTRODUCED
2013 SESSION
03/04
SENATE BILL 183-FN
AN ACT relative to proof of identity by voters.
SPONSORS: Sen. Pierce, Dist 5; Sen. Larsen, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Soucy, Dist 18; Sen. Lasky, Dist 13; Sen. Kelly, Dist 10; Rep. Perry, Straf 3; Rep.?Knowles, Hills 37; Rep. Hoelzel, Rock 3
COMMITTEE: Public and Municipal Affairs
This bill repeals changes to laws requiring photo identification of voters scheduled to take effect September 1, 2013. This bill also modifies various provisions relating to proving identity to obtain a ballot, obtaining a voter identification card, and penalties for voter fraud.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0894
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to proof of identity by 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] that complies with the Help America Vote Act of 2002, Public Law 107-252, reimbursing the department of safety for the actual cost of voter 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 12 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. 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 [person] registered voter who [requires] wishes to obtain a photo identification card only for voter identification purposes may obtain a [voucher] free-of-charge nondriver’s picture identification card for voting purposes by submitting to the division an attestation 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] attestation to the division, the division shall refer to the statewide centralized voter registration database to confirm that the applicant is a registered voter. Upon confirmation that the applicant is a registered voter, 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, which shall be known as a voter identification card, shall be marked “for voter identification only.”
(b) The identification card [voucher] attestation shall be in the following form:
IDENTIFICATION CARD VOUCHER
To be completed by applicant:
Name: ____________________
Domicile Address: ____________________
Mailing Address: ____________________
I hereby swear or affirm that I [require] am a registered voter in the city or town identified above and wish to obtain a photo identification for voting purposes and that I do not currently 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 listed on the voter checklist in this city or town.
_________________________________
(Signature of town or city clerk)
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when 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.]
3 Notice of Voter Identification Requirements. RSA 652:26 is repealed and reenacted to read as follows:
652:25 Notice of Voter Identification Requirements. Every town and city clerk shall prominently display a poster prepared by the secretary of state explaining the proof of identity requirements for voters established in RSA 659:13, including all of the permissible methods for proving identity, and directing voters to the department of state’s website or to the town or city clerk to obtain the explanatory document described in RSA 652:26, I, for additional information. Such notice shall be displayed at town or city hall for at least 30 days prior to each election held after the effective date of this section and outside the guardrail at each polling place on the day of each election held after the effective date of this section. No poster or other notice of a proof of identity requirement that states or implies that a voter is required to produce a photo identification in order to obtain a ballot shall be displayed or permitted to be displayed outside the room in which voters obtain their ballot. The moderator shall remove or cause to be removed any such poster or other notice posted or displayed outside the room in which the voters obtain their ballot.
4 Voter Education Identification Requirements. RSA 652:26 is repealed and reenacted to read as follows:
652:26 Voter Education Requirements.
I. The secretary of state shall prepare an explanatory document explaining the proof of identity requirements of RSA 659:13, including all the permissible methods for proving identity and the dates of applicability of these requirements.
II. The secretary of state and the governing body of each town or ward shall cause copies of the explanatory document described in paragraph I to be offered to each person registering to vote after the effective date of this section. The secretary of state and the governing body of each town or ward shall also make copies of the explanatory document available at all polling places at each election held after the effective date of this section. Such copies shall be placed in the polling place so as to be visible and accessible to all voters, including at locations for voter registration, voter check-in, and depositing ballots.
III. Within 30 days prior to each state election the department of state shall take all measures reasonably calculated to educate the public about the voter identification requirements in RSA 659:13. Such measures shall include prominently displaying on the department’s website information for voters relating to the voter identification requirements in RSA 659:13 and sending a sufficient number of copies of the explanatory document described in paragraph I to each town and city clerk. The department shall also provide explanatory information relating to voter identification requirements to any other media outlets that request such information and shall encourage such outlets to assist the department in educating the public about the voter identification requirements in RSA 659:13.
IV. Within 30 days prior to each election other than a state election the town or city clerk shall take all measures reasonably calculated to educate the voters in that town or city about the voter identification requirements in RSA 659:13 with materials provided by the secretary of state.
5 Obtaining a Ballot. RSA 659:13 is repealed and reenacted to read as follows:
659:13 Obtaining a Ballot.
I(a). A person desiring to vote shall, before being admitted to the enclosed space within the guardrail, announce his or her name and address to one of the ballot clerks who shall, if the name is found on the checklist by the ballot clerk, repeat the name and address. If the address on the checklist is not correct, but the voter’s correct address is still within the same voting district, 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. If the address on the checklist is not correct and the voter’s correct address is not within the same voting district, the ballot clerk shall inform the voter that he or she is not qualified to vote in that polling place.
(b) If the ballot clerk determines that the voter is qualified to vote in that voting district, the ballot clerk shall request that the voter present proof of his or her identity meeting the requirements of paragraph II. If the voter cannot present proof of his or her identity, the ballot clerk shall inform the voter that he or she may vote after executing a challenged voter affidavit. No voter shall be asked or required to leave the polling place in order to retrieve proof of identity.
(c) The voter, having presented proof of the voter’s identity or having executed a challenged voter affidavit, and unless challenged as provided for in RSA 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 presented to the voter as it was received from the secretary of state.
(d) The ballot clerk shall also mark the checklist using a ruler or other straight edge to ensure accuracy of the mark in order to show that the voter obtained his or her ballot. The person entering voter information into the centralized voter registration database shall cause the records to indicate when a voter has not presented a valid photo identification and whether such voter executed a challenged voter affidavit. The voter shall then be allowed to enter the space enclosed by the guardrail to mark and cast his or her ballot.
(e) If the ballot clerk determines that the voter is not qualified to vote in that voting district and the voter objects to the ballot clerk’s determination, the ballot clerk shall refer the voter to the moderator. The moderator shall then make the determination whether the voter is qualified to vote in that voting district. If the moderator determines that the voter is qualified to vote in that voting district and unless challenged as provided for in RSA 659:27 through 659:33, the voter shall be re-referred to the ballot clerk to present proof of identity as provided for in subparagraph (b).
(f) If the moderator determines that the voter is not qualified to vote in that voting district and the voter objects to the moderator’s determination, the moderator shall direct the voter to complete the challenged voter affidavit described in RSA 659:27, II. Upon presentation of the completed challenged voter affidavit to the moderator, the voter shall be re-referred to the ballot clerk to present proof of identity as provided for in subparagraph (b).
II.(a) The following forms of identification bearing the name and a photograph of the voter shall satisfy the identification requirements of paragraph I:
(1) A driver’s license issued by the state of New Hampshire or any other state, regardless of expiration date.
(2) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21.
(3) A United States armed services identification card.
(4) A United States passport, regardless of expiration date.
(5) Any other valid photo identification issued by federal, state, county, or municipal government.
(6) A valid student identification card.
(7) A photo identification not authorized by subparagraphs (1) through (6) but determined to be legitimate by the supervisors of the checklist, the moderator, or the town or city clerk, provided that if any person authorized to challenge a voter under RSA 659:27 objects to the use of such photo identification, identifies the reason for the objection in writing, and presents sufficient evidence that the photo identification does not prove the voter’s identity, the voter shall be required to execute a challenged voter affidavit as if no identification was presented.
(b) The following forms of proof of identity shall also satisfy the identification requirements of paragraph I:
(1) Verification of the person’s identity by a moderator or supervisor of the checklist or the town or city clerk or a member of the governing body of the town or ward.
(2) For residents of a nursing home or similar facility, verification of identity by the administrator of the facility or by any person authorized in writing by the administrator.
(3) For those persons identified in RSA 260:21, II(d), verification of identity by the person’s guardian.
(c) If any person authorized to challenge a voter under RSA 659:27 objects to any verification offered under subparagraph II(b), identifies the reason for the objection in writing, and presents sufficient evidence that the verification does not prove the voter’s identity, the voter shall be required to execute a challenged voter affidavit as if no verification was made.
III. If a voter on the nonpublic checklist executes a challenged voter affidavit in accordance with paragraph I, the affidavit shall not be subject to RSA 91-A.
IV.(a) The secretary of state shall cause a letter of identity verification to be mailed by first class mail to each voter who executed a qualified voter affidavit in accordance with paragraph I. The letter shall be mailed within 60 days after the election, except that if the election is a state primary election, the letter shall be mailed 60 days after the general election, and if the election is a regularly scheduled municipal election, the letter shall be mailed by the July 1 or January 1 next following 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 a person who did not present proof of identity voted using his or her name and address and instruct the person to complete and return a response form included in the letter within 30 days to confirm whether the person voted and, if he or she did vote, whether the person presented proof of identity. The letter shall also inform the person of the procedure for obtaining a free nondriver’s picture identification card for voting purposes.
(b) The secretary of state shall refer to the attorney general any letters mailed pursuant to subparagraph (a) that are returned as undeliverable by the United States Post Office. The secretary of state shall also prepare and forward to the attorney general a list of all persons who were mailed letters under subparagraph (a) and have not confirmed that they voted. Upon receipt of notice from a person who receives a letter of identity verification that the person did not 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 voting occurred.
(c) Within 60 days after a state general election, the secretary of state shall compile a report of the number of voters that did not present proof of identity at each election occurring since the previous state general election, and forward the report to the speaker of the house of representatives, the president of the senate, and the chairpersons of the appropriate house and senate standing committees with jurisdiction over election law.
6 Wrongful Voting; Penalties for Voter Fraud. Amend RSA 659:34, I-II to read as follows:
I. A person is subject to a civil penalty not to exceed $5,000 if such person:
(a) When registering to vote; when obtaining an official ballot; when casting a vote by official ballot; or when applying for a photo identification card for voting purposes, purposely or knowingly makes a false material statement regarding his or her qualifications as a voter to an election officer or submits a voter registration form, an election day registration affidavit, a qualified voter affidavit, a domicile affidavit, [a challenged voter affidavit, an affidavit of religious exemption, an identification card voucher,] or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter;
(b) Votes more than once for any office or measure;
(c) Applies for or attempts to obtain a ballot in a name other than his or her own;
(d) Applies for a ballot in his or her own name after he or she has voted once;
(e) Votes for any office or measure at an election if such person is not qualified to vote as provided in RSA 654;
(f) Gives a false name or answer if under examination as to his or her qualifications as a voter before the supervisors of the checklist or moderator; or
(g) Presents falsified proof of identity at any election.
II. A person is guilty of a class B felony if, at any election, such person purposely or knowingly commits an act specified in subparagraph I(b) [or I(e)]. A person is guilty of a class A misdemeanor if, at any election, such person purposely or knowingly commits any of the other acts listed in paragraph I, and, if the act involved the use of false proof of identity or voting using the name of another person, the person shall be sentenced to a mandatory sentence in the county correctional facility of not less than 30 days for a first offense under this section, [90] 60 days for a second offense under this section, and [180] 90 days for a third or subsequent offense under this section.
7 Repeal. The following are repealed:
I. 2012, 284:7 through 284:13, relative to changes to photo identification requirements of voters.
II. 2012, 289:4, relative to changes to photo identification requirements of voters.
III. RSA 652:24, relative to the voter identification advisory committee.
8 Effective Date. This act shall take effect 60 days after its passage.
LBAO
13-0894
01/22/13
SB 183-FN – FISCAL NOTE
AN ACT relative to proof of identity by voters.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.