Revision: March 30, 2017, 10:49 a.m.
HB 552-FN - AS AMENDED BY THE HOUSE
8Mar2017... 0634h
2017 SESSION
17-0310
03/04
HOUSE BILL 552-FN
AN ACT relative to investigation of voter verification letters.
SPONSORS: Rep. Ohm, Hills. 36; Rep. Twombly, Hills. 34; Rep. Seidel, Hills. 28; Rep. Christensen, Hills. 21; Rep. Azarian, Rock. 8; Sen. Carson, Dist 14
COMMITTEE: Election Law
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This bill requires the secretary of state to investigate a letter of identity verification or driver's obligation if the letter is returned as undeliverable or if the recipient fails to respond.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Mar2017... 0634h 17-0310
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to investigation of voter verification letters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Letters of Identity Verification. Amend RSA 654:12, V(c) to read as follows:
(c) The secretary of state shall [cause] investigate any letters mailed pursuant to subparagraph (b) that are returned as undeliverable by the United States Post Office to [be referred] determine whether improper registration or voting may have occurred. If the investigation results in a finding of improper registration or improper voting, the secretary of state shall forward the results to the attorney general for further investigation or prosecution. The secretary of state shall also [prepare and forward to the attorney general a list of] investigate all persons who were mailed letters under subparagraph (b) and have not confirmed their registration, and shall prepare and forward to the attorney general for further investigation or prosecution a list of such persons whose registration the secretary of state's investigation did not confirm. Upon receipt of notice from a person who receives a letter of identity verification that the person did not register and 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 registration or voting occurred.
2 Letters of Driver's Obligation. Amend RSA 654:12, V(e)-(f) to read as follows:
(e) The secretary of state shall [cause] investigate any letters mailed pursuant to subparagraph (d) that are returned as undeliverable by the United States Post Office to [be referred] determine whether improper registration or voting may have occurred. If the investigation results in a finding of improper registration or improper voting, the secretary of state shall forward the results to the attorney general [and the attorney general shall cause an investigation to be made to determine whether fraudulent registration or voting occurred] for further investigation or prosecution.
(f) Upon completion of any investigation authorized under [this section] RSA 654:12, the attorney general and the secretary of state shall forward a report summarizing the results of the investigation 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.
3 Letters of Identity Verification. Amend RSA 659:13, IV(b) to read as follows:
(b) The secretary of state shall prepare a list of [voters from any letters mailed pursuant to subparagraph (a) that are returned as undeliverable by the United States Post Office and of] voters who were mailed letters under subparagraph (a) and have not responded to the secretary of state. The secretary of state shall revise the list based on input solicited from the supervisors of the checklist. The secretary of state shall [forward] investigate the voters on the revised list of names [to the attorney general who shall cause an investigation to be made] to determine whether [fraudulent] improper voting may have occurred. If the investigation results in a finding of improper voting, the secretary of state shall forward the results to the attorney general for further investigation or prosecution. The secretary of state shall also investigate any letters mailed pursuant to subparagraph (a) that are returned as undeliverable by the United States Post Office to determine whether improper voting may have occurred. If the investigation results in a finding of improper voting, the secretary of state shall forward the results to the attorney general for further investigation or prosecution.
4 New Subparagraph; Letters of Identity Verification. Amend RSA 659:13, IV by inserting after subparagraph (c) the following new subparagraph:
(d) Upon completion of any investigation authorized under RSA 659:13, the attorney general and the secretary of state shall forward a report summarizing the results of the investigation 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.
5 Effective Date. This act shall take effect 60 days after its passage.
17-0310
1/12/17
HB 552-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to investigation of undeliverable voter verification letters.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $69,000 | $67,000 | $70,000 | $74,000 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill transfers, from the Department of Justice to the Secretary of State, the responsibility to investigate identity verification letters that are returned as undeliverable. A new classified investigator position would need to be established within the Secretary of State’s office to handle this new responsibility. The Secretary of State used the salary and benefits associated with a liquor investigator I position to estimate the cost of an elections investigator. Assuming a start date of July 1, 2017 and a classified letter grade of 19 step 1 (starting salary of $38,513), it is estimated the total costs for this position, including benefits and other expenses, would be $69,000 in FY 2018, $67,000 in FY 2019, $70,000 in FY 2020, and $74,000 in FY 2021.
The Department of Justice states the Department would retain the responsibility of conducting investigations in other, related circumstances, and for prosecuting offenses for fraudulent registration or voting. The Department has never been able to conduct the required investigations related to returned undeliverable identity verification letters because the Department has never received an appropriation for a position or funds for that purpose. Although the bill would reduce the Department’s investigative responsibilities in this area, it would not result in a fiscal impact.
The Judicial Council and the Department of Corrections indicate there is no change to the existing penalties relating to voter registration.
The New Hampshire Municipal Association states they cannot identify any impact on municipal revenues or expenditures.
AGENCIES CONTACTED:
Secretary of State, Departments of Justice and Corrections, Judicial Council, and New Hampshire Municipal Association