HB659 (2016) Detail

(New Title) relative to eligibility for an absentee ballot.


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CHAPTER 130

HB 659-FN-LOCAL - FINAL VERSION

6Jan2016...2496h

11May2016... 1914EBA

2016 SESSION

\t15-0657

\t03/01

 

HOUSE BILL\t\t659-FN-LOCAL

 

AN ACT\trelative to eligibility for an absentee ballot.

 

SPONSORS:\tRep. Rogers, Merr 28; Sen. Feltes, Dist 15

 

COMMITTEE:\tElection Law

 

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AMENDED ANALYSIS

 

\tThis bill modifies what constitutes an employment obligation for purposes of absentee voting.

 

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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 

6Jan2016...2496h

11May2016... 1914EBA\t15-0657

\t03/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to eligibility for an absentee ballot.

 

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

 

\t130:1  Absentee Voting; Eligibility.  Amend RSA 657:1 to read as follows:

\t657:1  Absence, Religious Observance, and Disability Absentee Voting.  Any person who is absent on the day of any state election from the city, town, or unincorporated place in which he or she is registered to vote or who cannot appear in public on any election day because of his or her observance of a religious commitment or who is unable to vote there in person by reason of physical disability may vote at such elections as provided in this chapter.  A person who is unable to appear at any time during polling hours at his or her polling place because of an employment obligation [requires the person to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close] shall be considered absent for purposes of this chapter.  For the purposes of this section, the term “employment” shall include the care of children and infirm adults, with or without compensation.

\t130:2  Absentee Voting; Forms.  Amend RSA 657:4, I to read as follows:

\t\tI.  Prior to any state election, the secretary of state shall prepare the appropriate application forms for absentee ballots worded in substantially the following form.  The secretary of state shall insert the names of all parties qualified as set forth in RSA 652:11 in the list of parties on the application form.  The secretary of state shall prepare the application forms in such quantity as he or she deems necessary:

Absence (Excluding Absence Due to Residence Outside the United States),

Religious Observance, and Disability:

\tI hereby declare that (check one):

\t___ I am a duly qualified voter who is currently registered to vote in this town/ward.

\t___ I am absent from the town/city where I am domiciled and will be until after the next election, or I am unable to register in person due to a disability, and request that the forms necessary for absentee voter registration be sent to me with the absentee ballot.

\tI will be entitled to vote by absentee ballot because (check one):

\t___ I plan to be absent on the day of the election from the city, town, or unincorporated place where I am domiciled.

\t___ I am requesting a ballot for the presidential primary election and I may be absent on the day of the election from the city, town, or unincorporated place where I am domiciled, but the date of the election has not been announced.  I understand that I may only make such a request 14 days after the filing period for candidates has closed, and that if I will not be absent on the date of the election I am not eligible to vote by absentee ballot.

\t___ I cannot appear in public on election day because of observance of a religious commitment.

\t___ I am unable to vote in person due to a disability.

\t___ I cannot appear at any time during polling hours at my polling place because of an employment obligation [requires me to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close].  For the purposes of this application, the term “employment” shall include the care of children and infirm adults, with or without compensation.

\tAny person who votes or attempts to vote using an absentee ballot who is not entitled to vote by absentee ballot shall be guilty of a misdemeanor.  RSA 657:24.

\tI am requesting an official absentee ballot for the following election (check one):

\t___ Presidential Primary to be held on __________

\t(MM/DD/YYYY)

\t(The date may appear as blank when the date is not known.)

\t___ State Primary to be held on __________

\t(MM/DD/YYYY)

\t___ General Election

\tFor primary elections, I am a member of or I am now declaring my affiliation with the (check one):

\t___ Republican Party

\t___ Democratic Party

\tand am requesting a ballot for that party’s primary.

\tPlease print:

\tApplicant’s Name:

\t__________________________________________________

\t(Last) (First) (Middle) (Sr., Jr., II., III)

\tApplicant’s Voting Domicile (home address):

\t__________________________________________________

\t(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)

\tMail the ballot to me at this address (if different than the home address):

\t______________________________

\t(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)

\tApplicant’s Signature: __________

\tThe applicant must sign this form to receive an absentee ballot.

\tDate Signed: __________

\t(MM/DD/YYYY)

\t130:3  Absentee Voting; Materials.  Amend RSA 657:7, II(a) to read as follows:

\t\t\t(a)  Absence from City or Town.  A person voting by absentee ballot because of absence from the city or town in which he or she is entitled to vote shall fill out and sign the following certificate:

\tI do hereby certify under the penalties for voting fraud set forth below that I am a voter in the city or town of _______________, New Hampshire, in ward __________; that I will be unable to appear at any time during polling hours at my polling place because I will be working on election day or will be otherwise absent on election day from said city or town and will be unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind). For the purposes of this certification, the term “working” shall include the care of children and infirm adults, with or without compensation.

\t(Signature) ____________________  

\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.

\t130:4  Town Elections; Absentee Voting.  Amend RSA 669:26 to read as follows:

\t669:26  Absentee Voting.  Every town which has adopted an official ballot system for town elections as provided in RSA 669:12 or 669:13 shall provide for absentee voting.  Any eligible voter who is absent from such a town on the day of a town election, or who cannot appear in public on election day because of his or her observance of a religious commitment, or who, by reason of physical disability, is unable to vote in person may vote at a town election in accordance with the provisions of this section and RSA 669:27-669:29.  A person who is unable to appear at any time during polling hours at his or her polling place because of an employment obligation [requires the person to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close] shall be considered absent for purposes of this section and RSA 669:27-669:29.  For the purposes of this section, the term “employment” shall include the care of children and infirm adults, with or without compensation.

\t130:5  Effective Date.  This act shall take effect upon its passage.

 

Approved: May 27, 2016

Effective Date: May 27, 2016