Revision: Jan. 20, 2016, midnight
\t \t\tSB 509-FN - AS INTRODUCED
2016 SESSION
\t16-2912
\t03/04
SENATE BILL\t509-FN
AN ACT\trelative to voter registration forms and relative to voter identity verification.
SPONSORS:\tSen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Bradley, Dist 3; Rep. Hoelzel, Rock. 3; Rep. Schroadter, Rock. 17; Rep. P. McCarthy, Hills. 29; Rep. Hinch, Hills. 21
COMMITTEE:\tPublic and Municipal Affairs
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ANALYSIS
\tThis bill:
\tI. Modifies the voter registration form.
\tII. Changes the procedure for investigating new voters who do not confirm their status after receiving letters of identity verification.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2912
\t03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to voter registration forms and relative to voter identity verification.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Voter Registration Form. Amend RSA 654:7, IV to read as follows:
\t\tIV.(a) [A] Standard registration application [form] forms shall be used throughout the state. The registration [form] forms shall be no larger than 8 1/2 inches by 11 inches.
\t\t\t(b) The secretary of state shall prescribe the form of the voter registration form to be used for voter registrations, transfers, or updates other than those at the polling place on the date of a state general election, which shall be in substantially the following form:
___ NEW REGISTRATION I am not registered to vote in New Hampshire
___ TRANSFER I am registered to vote in New Hampshire and have moved my voting domicile to a new town or ward in New Hampshire
___ NAME CHANGE/ADDRESS UPDATE I am registered to vote in this town/ward and have changed my name/address
\tDate _________________
VOTER REGISTRATION FORM
\t(Please print or type)
1. Name _________________________________________________________________________
\t\t\t\tLast\t\t(suffix) First\t\t\tFull Middle Name
2. Domicile Address _______________________________________________________________
\t\t\t\t\t\t\t\tStreet \t\t\t\tWard Number
__________________________________________________________________________________
\t\t\t\tTown or City\t\t\t\t\t\tZip Code
3. Mailing Address if different than in 2 ____________________________________________
\t\t\t\t\t\t\t\t\t\t\tStreet
__________________________________________________________________________________
\t\t\t\tTown or City \t\t\t\t\t\tZip Code
4. Place and Date of Birth _________________________________________________________
\t\t\t\t\t\t\t\tTown or City\t\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 _____________________________________________________
\t\t\t\t\t\t\t\t\tStreet\t\t\tWard Number
7. Name under which previously registered, if different from above
\t_______________________________________________________________________________
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] ward/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] ward/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.
\t[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 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.
____________________ ___________________________________________________
\t\tDate\t\t\t\t\tSignature of Applicant
\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.
\t\t\t(c) The secretary of state shall prescribe the form of the voter registration form to be used only for voter registrations, transfers, or updates at the polling place on the date of a state general election, which shall be in substantially the following form:
___ NEW REGISTRATION I am not registered to vote in New Hampshire
___ TRANSFER I am registered to vote in New Hampshire and have moved my voting domicile to a new town or ward in New Hampshire
___ NAME CHANGE/ADDRESS UPDATE I am registered to vote in this town/ward and have changed my name/address
Date _________________
VOTER REGISTRATION FORM
FOR USE AT THE POLLING PLACE ON THE DATE OF THE STATE GENERAL ELECTION
\t(Please print or type)
1. Name _________________________________________________________________________
\t\t\t\t\tLast\t\t(suffix) First\t\t\tFull Middle Name
2. Domicile Address _______________________________________________________________
\t\t\t\t\t\t\t\tStreet \t\t\t\tWard Number
__________________________________________________________________________________
\t\t\t\tTown or City\t\t\t\t\tZip Code
3. Mailing Address if different than in 2 ____________________________________________
\t\t\t\t\t\t\t\t\t\t\tStreet
__________________________________________________________________________________
\t\t\t\tTown or City \t\t\t\t\tZip Code
4. Place and Date of Birth _________________________________________________________
\t\t\t\t\t\t\t\tTown or City \t\t\t\tState
Date_________________
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 _____________________________________________________
\t\t\t\t\t\t\t\t\tStreet\t\t\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] ward/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] ward/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.
\t[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 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.
____________________ ___________________________________________________
\t\tDate\t\t\t\t\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.
\tThis form was executed for purposes of proving (applicant shall circle yes or no and initial each item):
\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\t\tApplicant\t\t\t\t\t\t\tElection Official
________________________________
Notary Public/Justice of the Peace/Official Authorized by RSA 659:30
\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 Letters of Identity Verification. RSA 659:13, IV(b) is repealed and reenacted to read as follows:
\t\t\t(b) The secretary of state shall prepare a list of voters for any letters mailed pursuant to subparagraph (a) that are returned as undeliverable by the United States Post Office and voters who were mailed letters under subparagraph (a) and have not responded to the secretary of state. The secretary of state shall work with city and town clerks and supervisors of the checklist to determine which names on the list belong to legal voters. The secretary of state shall forward the names on the list that are not determined to belong to legal voters to the attorney general for investigation.
\t3 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2912
\t\t\t\t\t\t\t\t\t\t\t1/7/16
SB 509-FN- FISCAL NOTE
AN ACT\trelative to voter registration forms and relative to voter identify verification.
FISCAL IMPACT:
The Department of State, Department of Justice, and New Hampshire Municipal Association 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 makes changes to the voter registration form and changes the verification process of voters who filled out an affidavit to vote by including town clerks. Before the names of voters who do not respond to a verification mailing are submitted to the Department of Justice for investigation, the Department of State will work with town and city clerks to determine which of those voters are qualified to vote. The names of those voters where a determination cannot be made will be forwarded to the Department of Justice. The Department of State states it may experience an increase in staff time devoted to the verification process. The Department of State states the Department of Justice may realize a reduction in its workload.
The Department of Justice states it does not know how many referrals it would receive for investigation. The Department states it does not currently have sufficient staff to conduct the requisite investigations. The Department states it is difficult to estimate how many temporary full-time investigators and paralegals would be needed to implement this bill. The standard starting salaries for a full-time investigator and a full-time paralegal are approximately $99,000 and $68,000 respectively.
The New Hampshire Municipal Association states this bill requires the Department of State to work with local election officials to determine which names on the list belong to legal voters. Under current law, local election officials are not involved in the process. Consequently, this bill would require additional staff time which could result in increased expenditures at the local level.