HB 1642-FN-LOCAL - AS INTRODUCED
2016 SESSION
\t16-2509
\t03/10
HOUSE BILL\t1642-FN-LOCAL
AN ACT\trelative to persons executing election affidavits.
SPONSORS:\tRep. Bates, Rock. 7; Rep. Souza, Hills. 43; Rep. D. Brown, Graf. 16
COMMITTEE:\tElection Law
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ANALYSIS
\tThis bill requires persons executing election affidavits to provide proof of qualifications within 10 days of the election.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2509
\t03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to persons executing election affidavits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Voter Registration Form. Amend RSA 654:7, IV(c) to read as follows:
\t\t\t(c) The secretary of state shall prescribe the form of the voter registration form to be used only for voter registrations at the polling place on the date of a state general election, which shall be in substantially the following form:
\tDate _________________
(Please print or type)
1. Name _________________________________________________________________________
\t\t\tLast\t(suffix) First\tFull Middle Name
2. Domicile Address _______________________________________________________________
\t\t\tStreet \t\tWard Number
__________________________________________________________________________________
\tTown or City\tZip Code
3. Mailing Address if different than in 2 ____________________________________________
\tStreet
__________________________________________________________________________________
\tTown or City \t\tZip Code
4. Place and Date of Birth _________________________________________________________
\tTown or City \t\tState
\tDate_________________
5. Are you a citizen of the United States? Yes _____ No _____
If a naturalized citizen, give name of court where and date when naturalized __________________________________________________________________________________
6. Place last registered to vote _____________________________________________________
\tStreet\tWard Number
7. Name under which previously registered, if different from above
________________________________________________________________________________
8. Party Affiliation (if any) ______________________________________________________
9. Driver’s License Number __________________________State ______________________
\tIf 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.
\tI 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.
\tI 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 or voting in any other state or any other city/town.
\tIn 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 a driver to register a motor vehicle and apply for a New Hampshire’s driver’s license within 60 days of becoming a resident.
\tIn declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.
\tIf 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.
\tI 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.
____________________ ___________________________________________________
\tDate\tSignature of Applicant
If this form is used in place of proof of identity, age, citizenship, or domicile, I hereby swear that such information is true and accurate to the best of my knowledge. I will, within 10 days of the election, return in person with acceptable documentation other than affidavits to prove my identity and qualifications as a voter to the supervisors of the checklist or the town or ward clerk. Alternatively, I may cause true copies of the required documentation to be notarized and delivered to the supervisors of the checklist within 10 days. I understand that if I fail to provide the required documentation, my status as a voter will be changed to inactive and my name will be forwarded to the attorney general for investigation.
\tIdentity\t\t\tyes/no\t_____
\t\t\t\t\t\t\t(initials)
\tCitizenship\t\t\tyes/no\t_____
\t\t\t\t\t\t\t(initials)
\tAge\t\t\t\t\tyes/no\t_____
\t\t\t\t\t\t\t(initials)
\tDomicile\t\t\tyes/no\t_____
\t\t\t\t\t\t\t(initials)
______________________________________\t\t\t____________________________
\t________________________________
\tIn 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.
\t2 Approval of Voter Registration. Amend RSA 654:12, V(a) to read as follows:
\t\tV.(a)(1) 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 or a sworn statement on the general election day voter registration form.
\t\t\t\t(2) Any person who, on the day of an election, signs a qualified voter affidavit, a domicile affidavit, or a challenged voter affidavit to vote without providing a photo identification shall, within 10 days of the election, return in person with documentation in a form listed in paragraph I or II to prove his or her identity and qualifications as a voter to the supervisors of the checklist or the town or ward clerk. Alternatively, the person may cause true copies of the required documentation to be notarized and delivered to the supervisors of the checklist within 10 days. If the person is unable to provide the required documentation within 10 days, the person shall notify the supervisors of the checklist in writing of the reason and he or she shall have an additional 30 days to produce the required documentation.
\t\t\t\t(3) The supervisors of the checklist shall maintain a list of every voter who signed an affidavit to register or vote at an election. They shall mark the list to indicate when a voter provides documentation required by subparagraph (b)(2). If any voter fails to provide the required documentation in accordance with subparagraph (b)(2), the supervisors of the checklist shall change the voter’s status to inactive in the centralized voter registration database and his or her name shall be forwarded to the attorney general for investigation. The attorney general shall cause an investigation to be made to determine whether fraudulent registration or voting occurred.
\t3 Challenged Voter Affidavit. Amend RSA 659:27, II to read as follows:
\t\tII. Upon receipt of a written challenge, the moderator shall determine if the challenge to the ballot is well grounded. If the moderator determines that the challenge is well grounded, the moderator shall not receive the vote of the person so challenged until the person signs and gives to the moderator an affidavit in the following form:
\tDate: ____________________
\tI, ____________________, do solemnly swear (or affirm) under penalties of voter fraud, that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), and have a legal domicile therein. My telephone number (requested but optional) is _______________, and my email address (requested but optional) is _______________. I will, within 10 days of the election, return in person with acceptable documentation other than affidavits to prove my identity and any qualification in dispute to the supervisors of the checklist or the town or ward clerk. Alternatively, I may cause true copies of the required documentation to be notarized and delivered to the supervisors of the checklist within 10 days. I understand that if I fail to provide the required documentation, my status as a voter will be changed to inactive and my name will be forwarded to the attorney general for investigation.
\t--------------------------------------------
\t(Signature of voter)
\tOn 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), 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.
\t____________________
\tNotary Public/Justice of the Peace/Official Authorized by RSA 659:30.
If the moderator determines that the challenge is not well grounded, the moderator shall permit the voter to proceed to vote.
\t4 Repeal. The following are repealed:
\t\tI. RSA 654:12, V(b)-(e), relative to letters of identity verification and referrals to attorney general.
\t\tII. RSA 659:13, IV(a)-(b), relative to letters of identity verification.
\t5 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2509
\t\t\t\t\t\t\t\t\t\t\t12/21/15
HB 1642-FN-LOCAL- FISCAL NOTE
AN ACT\trelative to persons executing election affidavits.
FISCAL IMPACT:
The Department of State and Department of Justice state this bill, as introduced, will have an indeterminable impact on state expenditures and may increase local expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue or county expenditures.
METHODOLOGY:
The Department of State states this bill requires persons executing election affidavits to provide proof of qualifications within ten days of the election. The Department states it will no longer have to conduct follow-up mailings which may result in state savings. The Department estimates this bill could reduce state expenditures by the following amounts:
Estimated State Savings Due to Removal of Follow-up Mailings Requirement | |||||
| FY 2017 | FY 2018 | FY 2019 | FY 2020 | |
Challenged Voter Affidavits | Number | 6,280 | 2,160 | 4,240 | 2,110 |
Sub-Total | $18,840 | $6,480 | $12,720 | $6,330 | |
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Qualified Voter Affidavits | Number | 630 | 75 | 370 | 60 |
Sub-Total | $1,890 | $225 | $1,110 | $180 | |
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Domicile Affidavits | Number | 4,480 | 770 | 3,440 | 720 |
Sub-Total | $8,960 | $1,540 | $6,880 | $1,440 | |
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Total Estimated Savings | $29,690 | $8,245 | $20,710 | $7,950 | |
The Department of State states it will need to train supervisors and clerks during the weeks and months following the ten-day deadline after a significant election. The Department may need to hire and train part-time elections staff for this purpose. The Department states the provisions in this bill may increase local expenditures by an indeterminable amount.
The Department of Justice states this bill requires the Department to investigate each person who fails to provide additional verification information as provided for in this bill. The Department states it does not have sufficient staff to conduct the requisite investigations as provided for in this bill. During the 2012 primary and general elections, 4,316 people were referred for investigation. The Department states it would require three full-time temporary investigator positions at an annual cost of approximately $297,000 and a full-time paralegal at approximately $83,000.
This bill does not contain an appropriation or authorization for new positions.