HB642 (2017) Detail

Relative to eligibility to vote and relative to student identification cards.


HB 642-FN - AS INTRODUCED

 

 

2017 SESSION

17-0410

03/04

 

HOUSE BILL 642-FN

 

AN ACT relative to eligibility to vote and relative to student identification cards.

 

SPONSORS: Rep. Silber, Belk. 2

 

COMMITTEE: Election Law

 

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ANALYSIS

 

This bill:

 

I.  Requires certain institutions of higher learning to issue identification cards indicating whether a student is a New Hampshire resident.

 

II.  Modifies the definition of domicile for voting purposes.

 

III.  Eliminates election day voter registration, requires voter registration by 30 days before the election, and enacts provisions of the National Voter Registration Act.

 

IV.  Requires that a voter be registered as a member of a party prior to the date of the primary in order to be eligible to vote in that party’s primary.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0410

03/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to eligibility to vote and relative to student identification cards.

 

 

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

 

1  New Subparagraph; Higher Education Commission; Rules; Student Identification Cards.  Amend RSA 21-N:8-a, II(e)(9) by inserting after subparagraph (E) the following new subparagraph:

(F)  Requiring that all public and private institutions of higher learning that provide reduced tuition for New Hampshire residents determine whether each student is a bona fide resident of New Hampshire, and issue photo identification cards that are clearly marked "R" or "resident" for bona fide residents and "NR" or "nonresident" for all others so that the identification cards may be deemed presumptive evidence of whether the student is a resident of New Hampshire.

2  Voter; Domicile.  Amend RSA 654:1, I to read as follows:

I.  Every inhabitant of the state, having a single established domicile for voting purposes, being a citizen of the United States, of the age provided for in Article 11 of Part First of the Constitution of New Hampshire, shall have a right at any meeting or election, to vote in the town, ward, or unincorporated place in which he or she is domiciled.  An inhabitant's domicile for voting purposes is [that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government.  A person has the right to change domicile at any time, however a mere intention to change domicile in the future does not, of itself, terminate an established domicile before the person actually moves] the person's permanent legal residence to which he or she intends to return and live indefinitely.  A person may have many residences but may only have one domicile.  An individual's intent of making a town, ward, or unincorporated place his or her domicile, coupled with physical presence in the town, ward, or unincorporated place in fixed housing quarters, not including a boat or recreational vehicle, for at least 210 days within each 365-day period, shall establish a rebuttable presumption that the town, ward, or unincorporated place is that individual's domicile.  Among the factors that may be considered in determining whether a person has established a domicile for voting purposes are:  proof of ownership or lease of residential real property; the address used by the person for mail, insurance, credit cards, bank and brokerage accounts, and membership organizations; the address on a valid New Hampshire driver's license; and the address on a valid New Hampshire vehicle registration certificate.  Any person who establishes a domicile less than 30 days before any election where the inhabitant offers to vote shall vote at the polling place for the town, ward, or unincorporated place of his or her most recent previous domicile.  

3  Voter Registration.  Amend RSA 654:7, III to read as follows:

III.  If an applicant is unable to provide the proof of qualifications as required in RSA 654:12, he or she may register by completing the necessary affidavits, pursuant to RSA 654:12, and completing the form in subparagraph IV(b)[, unless the person is registering at the polling place on the date of a state general election.  If an applicant is registering at the polling place on the date of a state general election and is unable to provide the proof of qualifications as required in RSA 654:12, he or she may register by completing the form in subparagraph IV(c) under oath, which oath may be witnessed by an election official or any other person, working in conjunction with the supervisors of the checklist, who is authorized by law to administer oaths, including, but not limited to, any justice of the peace or notary public; should the applicant not otherwise have proof of identity and therefore be relying upon the form for proof of identity, the act of swearing to the form shall constitute sufficient proof of identity for the purposes of any person administering the oath, notwithstanding any language to the contrary in any laws relating to the administering of oaths for other purposes].

4  Voter Registration.  Amend the introductory paragraph of RSA 654:7, IV(b) to read as follows:

(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:

5  Determining Qualifications of Applicant.  Amend RSA 654:12, I(a)-(c) to read as follows:

(a)  CITIZENSHIP.  The supervisors of the checklist, or the town or city clerk, shall accept from the applicant any one of the following as proof of citizenship:  the applicant’s birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, a qualified voter affidavit, [a sworn statement on the general election day voter registration form,] or any other reasonable documentation which indicates the applicant is a United States citizen.  The qualified voter affidavit shall be in the following form, and shall be retained in accordance with RSA 33-A:3-a:

Date: ____________________

QUALIFIED VOTER AFFIDAVIT (Identity, Citizenship, Age)

Name: ______________________________

Name at birth if different: ______________________________

Place of birth: ______________________________

Date of birth: ____________________

Date and Place of Naturalization: ______________________________

Domicile Address: ________________________________________

Mailing Address (if different): ________________________________________

Telephone number (requested but optional) ____________________

Email address (requested but optional) ____________________

I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am not in possession of some or all of the documents necessary to prove my identity, citizenship, and age and that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), that I am a United States citizen, that I am at least 18 years of age as of this date or will be at the next election, and that to the best of my knowledge and belief the information above is true and correct.

_______________

(Signature of applicant)

In 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.

On 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), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, 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.

This affidavit was executed for purposes of proving (check all that apply):

[ ] Identity

[ ] Citizenship

[ ] Age

______________________________

Notary Public/Justice of the Peace/Official Authorized by RSA 659:30

(b)  AGE.  Any reasonable documentation indicating the applicant will be 18 years of age or older at the next election, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, a qualified voter affidavit, which shall be retained in accordance with RSA 33-A:3-a[, or a sworn statement on the general election day voter registration form].

(c)  DOMICILE.  Any reasonable documentation which indicates that the applicant has a domicile and intends to maintain a domicile, as defined in this chapter, in the town, city, or ward in which he or she desires to vote, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, [a sworn statement on the general election day voter registration form, or] an affidavit in the following form, which shall be retained in accordance with RSA 33-A:3-a:

DOMICILE AFFIDAVIT

Date: ____________________

Name: _______________________________________

Current Domicile Address: ____________________

Street Ward Number

____________________

Town or City Zip Code

Current Mailing Address (if different): ____________________

Street Ward Number

____________________

Town or City Zip Code

Telephone number (requested but optional) ____________________

Email address (requested but optional) ___________________________

Date when current domicile was established:  Month: _____ Year: _____

Place and date of birth: ______________________________

Address of last previous domicile: ____________________

Street Ward Number

____________________

Town or City Zip Code

I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am not currently in possession of necessary documents to prove my domicile and that my established domicile is at the current domicile address I have entered above.  I 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 city/town, and that to the best of my knowledge and belief the information above is true and correct.

_______________

(Signature of applicant)

In 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.

On 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), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, 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.

_________________________

Notary Public/Justice of the Peace/Official Authorized by RSA 659:30

6  Determining Qualifications of Applicant.  Amend the introductory paragraph of RSA 654:12, II(b) to read as follows:

(b)  Any one of the following is presumptive evidence of the identity of an applicant sufficient to satisfy the identity requirement for an official authorized by RSA 659:30 to take the oath of an applicant swearing to a qualified voter[,] or domicile[, or election day] affidavit [or a sworn statement on the general election day voter registration form]:

7  Determining Qualifications of Applicant.  Amend RSA 654:12, III to read as follows:

III.  To prove the qualifications set forth in paragraphs I and II, an applicant for registration as a voter must prove his or her identity to establish that the evidence used to prove age, citizenship, and domicile relate to the applicant.  A person who has in his or her immediate possession a photo identification approved for use by paragraph II must present that identification when applying for registration.  A person who does not have an approved photo identification with him or her may establish identity through completion of the qualified voter affidavit, which shall be retained in accordance with RSA 33-A:3-a[, or a sworn statement on the general election day voter registration form].  Residents of a nursing home or similar facility may prove their identity through verification of identity by the administrator of the facility or by his or her designee.  For the purposes of this section, the application of a person whose identity has been verified by an official of a nursing home or similar facility shall be treated in the same manner as the application of a person who proved his or her identity with a photo identification.

8  Determining Qualifications of Applicant.  Amend RSA 654:12, V to read as follows:

V.[(a)]  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.

(b)  The secretary of state shall cause a letter of identity verification to be mailed by first class mail to each voter identified at any election as a first-time election day registrant in New Hampshire who also did not verify his or her identity with an approved photo identification.   The letter shall be mailed by January 10 in every odd-numbered year in the case of persons registering at a state primary or general election, or within 90 days after any other 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 was unable to present photo identification registered or registered and voted using his or her name and address and instruct the person to return the letter within 45 days with a written confirmation that the person registered and voted or to contact the attorney general immediately if he or she did not register and vote.  Any voter under a protective order pursuant to RSA 173-B, and whose name does not appear on the checklist as provided under RSA 654:25, shall not be subject to the provisions of paragraph V.

(c)  The secretary of state shall cause any letters mailed pursuant to subparagraph (b) that are returned as undeliverable by the United States Post Office to be referred to the attorney general.  The secretary of state shall also prepare and forward to the attorney general a list of all persons who were mailed letters under subparagraph (b) and have not confirmed their registration.  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.

(d)  Within 90 days of each election, the secretary of state shall cause a list of persons executing domicile affidavits and sworn statements on the general election day voter registration form since the prior election to be forwarded to the attorney general and the division of motor vehicles.  The secretary of state shall send a letter to each such person informing him or her of a driver’s obligation to obtain a New Hampshire driver’s license within 60 days of becoming a New Hampshire resident.  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.

(e)  The secretary of state shall cause any letters mailed pursuant to subparagraph (d) that are returned as undeliverable by the United States Post Office to be referred to the attorney general and the attorney general shall cause an investigation to be made to determine whether fraudulent registration or voting occurred.

(f)  Upon completion of any investigation authorized under this section, the attorney general 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.]

9  Correcting the Checklist.  Amend RSA 654:27 and RSA 654:28 to read as follows:

654:27  Session for Correction.  In cities and towns, the supervisors of the checklist shall be in session for the correction of the checklist at some suitable place in the city or town [on a day designated by the supervisors which shall be 6 to 13] 30 days prior to the election and upon which all hearings shall be finally closed[; provided that whenever more than one meeting is required within a 21-day period, the first required meeting may serve to fulfill the requirements of the remaining meetings].  All sessions for the correction of the checklist shall be for no less than 30 minutes and at the discretion of the supervisors for additional hours.  Notice of the day, hour, and place of each session of the board of supervisors shall be given upon the checklists first posted in 2 appropriate places one of which shall be the city or town's Internet website, if such exists, or shall be published in a newspaper of general circulation in the city or town at least 7 days prior to each such session.  The reconvening of any session which has been adjourned shall not require the publication of notice.

654:28  Procedure.  The supervisors of the checklist shall hear all applications for a correction of the checklist and the evidence submitted thereon and shall correct it according to their best knowledge so that it contains only the names of those persons qualified to vote at said election.  The names of all persons not qualified to vote at the time of any session, but who shall clearly be qualified to vote on election day, may be added to the checklist at that session.  No additions or corrections shall be made after [the Saturday session] 30 days before the election, except as provided in RSA 659:12, RSA 654:51, or RSA 654:27.  The additions and corrections resulting from such session shall be made to the previously posted checklist on or before midnight on the succeeding Friday either by additions or corrections to said checklist or by posting a new corrected checklist.  Notice of such additions or corrections to the checklist shall also be given to the town or city clerk.

10  Voters and Checklists; Application to Town or City Clerk, Changes to be Forwarded; Reference Deleted.  Amend RSA 654:34-a, III to read as follows:

III.  No application for a change of party affiliation shall be accepted on the day of a primary election, except as provided in RSA 654:34, I [and II].

11  New Subdivision; Additional Voter Registration Procedures.  Amend RSA 654 by inserting after section 46 the following new subdivision:

Additional Voter Registration Procedures

654:47  Definitions.  In this subdivision:

I.  “Motor vehicle driver’s license” means any personal identification document issued by the department of safety.

II.  “Voter registration agency” means an office designated to perform specific voter registration activities.

654:48  Voter Registration Agencies.

I.  There are designated the following voter registration agencies:

(a)  The department of health and human services.

(b)  The department of education.

II.  At each voter registration agency, the following services shall be available:

(a)  Distribution of voter registration application forms in accordance with this chapter.

(b)  Assistance to applicants in completing voter registration application forms, unless the applicant refuses the assistance.

(c)  Acceptance of completed voter registration application forms for transmittal to the appropriate supervisors of the checklist.

III.  If a voter registration agency designated under the provisions of this section provides services to a person with a disability at the person’s home, the agency shall provide the services described in paragraph II at the person’s home.

IV.  A person who provides services described in paragraph II shall not:

(a)  Seek to influence an applicant’s political preference;

(b)  Display a political preference or party allegiance;

(c)  Make any statement to an applicant or take any action, the purpose or effect of which is to discourage the applicant from registering to vote; or

(d)  Make any statement to an applicant or take any action, the purpose or effect of which is to lead the applicant to believe that a decision to register to vote has any bearing on the availability of services or benefits.

V.  A voter registration agency that is an office that provides service or assistance in addition to conducting voter registration shall:

(a)  Distribute to each applicant for the service or assistance, and with each recertification, renewal, or change of address form relating to the service or assistance, the voter registration application form, including a statement that:

(1)  Specifies each eligibility requirement, including citizenship;

(2)  Contains an attestation that the applicant meets the requirement; and

(3)  Requires the signature of the applicant, under penalty of perjury; or

(b)  Provide a form that includes:

(1)  The question, “If you are not registered to vote where you live now, would you like to apply to register to vote here today?”

(2)  If the agency provides public assistance, the statement, “Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.”

(3)  Boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote, failure to check either box being considered to constitute a declination to register for purposes of paragraph VI, together with the statement, in close proximity to the boxes and in prominent type:  “IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.”

(4)  The statement, “If you would like help in filling out the voter registration application form, we will help you.  The decision whether to seek or accept help is yours.  You may fill out the application form in private.”

(5)  The statement, “If you believe that someone has interfered with your right to register or decline to register to vote, your privacy in deciding whether to register, or in applying to register to vote, you may file a complaint with the State Attorney General.”  The name, address, and telephone number of the attorney general shall be printed on the form.

(c)  Provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses the assistance.

VI.  No information relating to a declination to register to vote in connection with an application made at voter registration agency may be used for any purpose other than voter registration.

VII.(a)  A completed registration application accepted at a voter registration agency shall be transmitted to the appropriate supervisors of the checklist not later than 10 days after acceptance.

(b)  If a registration application is accepted within 5 days before the last day for registration to vote in an election, the application shall be transmitted to the appropriate supervisors of the checklist not later than 5 days after the date of acceptance.

654:49  Driver’s License Application.

I.  Each state motor vehicle driver’s license application, including a renewal application, submitted to the department of safety, division of motor vehicles, serves as an application for voter registration unless the applicant fails to sign the voter registration application.  Failure to sign the voter registration portion of the driver’s license application serves as a declination to register.

II.  An application for voter registration submitted under paragraph I shall be considered to update any previous voter registration by the applicant.

III.  No information relating to the failure of an applicant for a state motor vehicle driver’s license to sign a voter registration application may be used for any purpose other than voter registration.

IV.  The department of safety, division of motor vehicles, shall include a voter registration form as part of an application for a state motor vehicle driver’s license.

V.  The voter registration application portion of an application for a state motor vehicle driver’s license:

(a)  Shall not require any information that duplicates information required in the driver’s license portion of the form, other than a second signature or other information necessary under subparagraph (c);

(b)  Shall require only the minimum amount of information necessary to:

(1)  Prevent duplicate voter registrations; and

(2)  Enable a board of supervisors of the checklist to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;

(c)  Shall include a statement that:

(1)  States each eligibility requirement, including citizenship;

(2)  Contains an attestation that the applicant meets each requirement; and

(3)  Requires the signature of the applicant under penalty of perjury;

(d)  Shall include in print identical to that used in the attestation portion of the application:

(1)  The information required in subparagraph (c);

(2)  A statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and

(3)  A statement that, if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes; and

(e)  Shall be made available, as submitted by the applicant, to the appropriate supervisors of the checklist.

VI.  A change of address form submitted in accordance with state law for purposes of a state motor vehicle driver’s license serves as notification of change of address for voter registration unless the qualified elector states on the form that the change of address is not for voter registration purposes.

VII.(a)  A completed voter registration portion of an application for a state motor vehicle driver’s license accepted at a state motor vehicle authority must be transmitted to the appropriate supervisors of the checklist no later than 10 days after the date of acceptance.

(b)  If a registration application is accepted within 5 days before the last day for registration to vote in an election, the application must be transmitted to the appropriate supervisors of the checklist not later than 5 days after the date of acceptance.

654:50  Deadlines and Administration.

I.  In the case of registration with a motor vehicle application under RSA 654:49, the valid voter registration form of the applicant must be completed at the department of safety, division of motor vehicles, no later than 35 days before the date of the election.

II.  In the case of registration by mail under RSA 654:51, the valid voter registration form of the applicant must be postmarked no later than 35 days before the date of the election.

III.  In the case of registration at a voter registration agency, the valid voter registration form of the applicant must be completed at the voter registration agency no later than 30 days before the date of the election.

IV.  In any other case, the valid voter registration form of the applicant must be received by the appropriate supervisors of the checklist no later than 30 days before the date of the election.

V.(a)  The appropriate supervisors of the checklist shall:

(1)  Send notice to each applicant of the disposition of the application; and

(2)  Ensure that the identity of the voter registration agency through which a particular voter is registered is not disclosed to the public.

(b)  If the notice sent pursuant to the provisions of subparagraph (a)(1) is returned to the supervisors of the checklist as undeliverable, the elector to whom it was sent shall be reported by the supervisors to the secretary of state.  The secretary of state shall place the elector in an inactive status on the centralized voter registration database and may remove this elector upon compliance with the provisions of paragraph VI.

VI.(a)  The secretary of state may not remove the name of a qualified elector from the official list of eligible voters on the ground that the qualified elector has changed residence unless the qualified elector:

(1)  Confirms in writing that the qualified elector has changed residence to a place outside the town in which the qualified elector is registered; or

(2)(A)  Has failed to respond to a notice described in subparagraph (b); and

(B)  Has not voted or appeared to vote and, if necessary, correct the appropriate supervisors of the checklist’s record of the qualified elector’s address, in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice.

(b)  “Notice,” as used in this paragraph, means a postage prepaid and preaddressed return card, sent by forwardable mail, on which the qualified elector may state his or her current address, together with a statement to the following effect:

(1)  If the qualified elector did not change his or her residence, or changed residence but remained in the same town, the qualified elector shall return the card no later than 30 days before the date of the election.  If the card is not returned, affirmation or confirmation of the qualified elector’s address may be required before the qualified elector is permitted to vote during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice, and if the qualified elector does not vote in an election during that period, the qualified elector’s name must be removed from the list of eligible voters;

(2)  If the qualified elector has changed residence to a place outside the town in which the qualified elector is registered, information as to how the qualified elector can re-register to vote.

(c)  The appropriate supervisors of the checklist shall correct an official list of eligible voters in accordance with change of residence information obtained pursuant to the provisions of this paragraph.

(d)  The requirements of this section must be completed no later than 90 days before the date of a statewide primary or general election.

(e)  Each elector whose name has been deleted has 20 days from the date the notice is mailed to appeal.  The appeal shall be to the ballot law commission.  If the ballot law commission determines that the elector’s name should not have been deleted, it shall instruct the secretary of state to restore his or her name to the registration books.

654:51  Registration by Mail.  Subject to the requirements of this chapter, any qualified citizen may register to vote by mailing or having delivered a completed state registration by mail application form or a completed national registration by mail application form prescribed by the Federal Election Commission not later than 30 days before any election to the appropriate supervisors of the checklist.  The postmark date of a mailed application is considered the date of mailing.  If the postmark date is missing or illegible, the supervisors of the checklist must accept the application if it is received by mail no later than 5 days after the close of the registration books before any election.

654:52  Application Forms.

I.  The secretary of state shall furnish a sufficient number of application forms to the supervisors of the checklist and voter registration agencies so that distribution of the application forms may be made to various locations throughout the state and mailed to persons requesting them.

II.  Supervisors of the checklist shall distribute application forms to various locations in their respective towns, including town halls and public libraries, where they must be readily available to the public.

654:53  Notification of Change of Address.

I.  A qualified elector who has moved from an address in a town or ward to an address in the same town or ward shall, notwithstanding failure to notify the supervisors of the checklist of the change of address prior to the date of an election, be permitted to vote at that town or ward’s polling place upon oral or written affirmation by the qualified elector of the change of address before an election official at that polling place.

II.  A qualified elector who has moved from an address in one town or ward to an address in another town or ward and who has failed to notify the appropriate supervisors of the checklist of the change of address before the date of an election, at the option of the elector shall be permitted to correct the voting records and vote provisional ballots containing only the races for federal and statewide offices pursuant to the provisions of this subdivision at the elector’s former polling place, upon oral or written affirmation by the elector of the new address before an election official at that polling place.

III.  If the registration records indicate inaccurately that a qualified elector has moved from an address in the town or ward, the elector shall be permitted to vote at that polling place, upon oral or written affirmation by the elector before an election official at that polling place that the qualified elector continues to reside at his or her address.

654:54  Provisional Voting Requirements.  If an individual declares that such individual is a registered voter in the town or ward in which the individual desires to vote and that the individual is eligible to vote in an election for federal office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot as follows:

I.  An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election.

II.  The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is:

(a)  A registered voter in the town or ward in which the individual desires to vote; and

(b)  Eligible to vote in that election.

III.  An election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under paragraph II to an appropriate state or local election official for prompt verification under paragraph IV.

IV.  If the appropriate state or local election official to whom the ballot or voter information is transmitted under paragraph III determines that the individual is eligible under state law to vote, the individual’s provisional ballot shall be counted as a vote in that election in accordance with state law.

V.(a)  At the time that an individual casts a provisional ballot, the appropriate state or local election official shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system established under subparagraph (b) whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted.

(b)  The appropriate state or local election official shall establish a free access system, such as a toll-free telephone number or an Internet website, that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted.

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

I.  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:

I hereby declare that (check one):

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

___ 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.

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

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

___ 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.

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

___ I am unable to vote in person due to a disability.

___ I cannot appear at any time during polling hours at my polling place because of an employment obligation.  For the purposes of this application, the term “employment” shall include the care of children and infirm adults, with or without compensation.

Any 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.

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

___ Presidential Primary to be held on __________

(MM/DD/YYYY)

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

___ State Primary to be held on __________

(MM/DD/YYYY)

___ General Election

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

___ Republican Party

___ Democratic Party

and am requesting a ballot for that party’s primary.

Please print:

Applicant’s Name:

__________________________________________________  

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

Applicant’s Voting Domicile (home address):

__________________________________________________

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

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

______________________________

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

Applicant’s Signature: __________

The applicant must sign this form to receive an absentee ballot.

Date Signed: __________

(MM/DD/YYYY)

13  Absentee Voting; Primary.  Amend RSA 657:13 to read as follows:

657:13  Provisions for State or Presidential Primary Elections.  Upon receipt of a properly executed application for an official absentee ballot for a state or presidential primary election, whether the form supplied by the secretary of state or a written statement containing the information required by RSA 657:4, I, a town or city clerk shall forthwith ascertain if the person is on the checklist of the town or city and is properly registered as to party designation.  If such person is found to be on the checklist and to be properly registered [or if such person is found to be on the checklist but is not registered as a member of any party, but the information supplied states he or she is applying for a ballot of a political party, the person shall be registered as a member of said party; and, in either case], the clerk shall send the materials provided for in RSA 657:15.  If the person is not on the checklist, is on the checklist but is not registered as a member of any party, or is registered as a member of a party different from the one whose ballot he or she is applying for, the clerk shall refuse to certify as provided in RSA 657:16.  An application may be transmitted by facsimile to a town or city clerk.

14  Refusal to Certify.  Amend RSA 657:16 to read as follows:

657:16  Refusal to Certify; Procedure.  If he or she refuses to certify the application, the town or city clerk shall notify the applicant in writing within 7 days to that effect.  The town or city clerk shall provide the applicant with an absentee ballot and a notice that the ballot will not be counted unless the applicant submits the documents necessary to complete an absentee registration.  The applicant shall be advised in writing what documents, if any, have been received in proper form and which the applicant must submit in the outer envelope that contains the absentee ballot envelope.  The town or city clerk shall mark the absentee ballot application, the absentee ballot affidavit, and the outer envelope with the words "Not Registered.''  Upon receipt of an outer envelope marked "Not Registered,'' the clerk shall open the outer envelope.  If the applicant returns the required documents with the absentee ballot by the date set for correcting the checklist under RSA 654:27 and RSA 654:28, the town or city clerk shall forward the registration forms to the supervisors of the checklist and, if the applicant is found to be qualified, the applicant shall be registered and his or her absentee ballot shall be processed in the same manner as the absentee ballot of a previously registered voter.  [All documents received after the deadline for correcting the checklist under RSA 654:27 and RSA 654:28 shall be processed as election day registrations under RSA 654:7-a.]  If the ballot is returned without the required documents in proper form, the ballot shall be marked in the manner set forth by law for successfully challenged absentee ballots and preserved in accordance with RSA 33-A:3-a.  The clerk shall preserve the application of any applicant who is not registered as a voter until the time set by law for the destruction of the ballots after the election at which time the application shall be destroyed.  Any justice of the superior court has jurisdiction in equity upon such notice as he or she may order to require that the name of the person making application for an absentee ballot be placed upon the checklist or registered as a member of any party and be sent an absentee ballot.

15  Appointment.  Amend RSA 658:7 to read as follows:

658:7  Appointment.  For all state elections, the moderator is authorized to appoint an assistant moderator who shall take the oath of office in the same manner as the moderator.  The moderator may also appoint such other election officials as he or she deems necessary and request the town clerk to appoint an assistant town clerk.  The assistant moderator, assistant town clerk, and said other election officials shall take the oath of office and perform such duties and have such powers as the moderator may delegate to them, except that the power of making the declaration of the vote cast shall not be delegated to them.  [The supervisors of the checklist are authorized to appoint assistant supervisors of the checklist who shall be assistant election officials and have the powers of supervisors for the purpose of registering voters on election day.]  The provisions of this section shall apply only to the appointment of assistant election officials to serve at the central polling place.  Appointment of officers to act at additional polling places shall be accomplished as provided in RSA 658:14.

16  Statutes Posted; References Deleted.  Amend RSA 658:29 to read as follows:

658:29  Statutes Posted.  The secretary of state shall prepare and distribute copies of the following RSA sections which the selectmen shall post or cause to be posted outside the guardrail in the polling place at all elections:  [RSA 654:7-a, RSA 654:7-b;] RSA 659:13, RSA 659:13-b, RSA 659:27, RSA 659:30, RSA 659:31, RSA 659:32, RSA 659:34, RSA 659:35, RSA 659:37, RSA 659:38, RSA 659:40, RSA 659:41, RSA 659:103; RSA 666:4, RSA 666:5, RSA 666:8.  In addition, the secretary of state shall include any other statutes or regulations that are required to be posted by state or federal law.  The secretary of state may also include statutes or regulations that, in the secretary of state’s judgment, would aid a voter in casting a vote or in contacting the appropriate official if the voter believes that his or her voting rights are being violated.

17  Letter of Identity Verification.  Amend RSA 659:13, IV(a) to read as follows:

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 challenged voter affidavit or affidavit of religious exemption in accordance with paragraph I[, unless the same person is sent letter of identity verification pursuant to RSA 654:12, V(b)].  The letter shall be mailed by January 10 in every odd-numbered year in the case of persons executing challenged voter affidavits or affidavits of religious exemption at a state primary or general election, or within 90 days after any other 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 valid photo identification voted using his or her name and address and instruct the person to return the letter within 30 days with a written confirmation that the person voted or to contact the attorney general immediately if he or she did not vote.  The letter shall also inform the person of the procedure for obtaining a free nondriver’s picture identification card for voting purposes.

18  Letter of Identity Verification.  Amend RSA 659:13, IV(c) to read as follows:

(c)  Within 60 days after any election held after November 1, 2012, the secretary of state shall compile a report by voting district of the number of voters who [registered or] voted on election day but did not present valid photo identification, 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.

19  Voting Procedure; Special Provisions for State and Presidential Primary Elections; Undeclared Voters.  Amend RSA 659:14, I to read as follows:

I.  A person desiring to vote at a state or presidential primary election shall, at the time of announcing the person’s name, also announce the name of the party to which the person belongs [or whether the person is registered as an undeclared voter].  [If the person’s party membership has been registered before, the] The person shall be given only the ballot of the party with which the person is registered[, unless the person desires to vote the ballot of a party not having official existence at the time the person’s party membership was previously registered, in which case the person may vote the ballot of such a party in the state primary election immediately following the political organization’s official existence as a party, and not in any subsequent state primary election.  A person may also vote the ballot of such a party in the presidential primary election only if the presidential primary election precedes the state primary election to be held in that same year.   If the rules of a party permit a person who is registered as an undeclared voter to vote in the party’s primary, any person desiring to vote in that party’s primary shall also announce the name of that party at the time of announcing the person’s name].  No person shall be permitted to vote in any more than one party primary during any primary election.

20  Penalties for Voter Fraud.  Amend RSA 659:34, I(a) to read as follows:

(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;

21  Neglect by Moderator and Clerk.  Amend RSA 659:77, IV to read as follows:

IV.  An election monitor appointed under paragraph III shall have full access to the polling place, including authority to directly observe [the registration of voters on election day,] the checking in of voters by inspectors of elections, assistance to voters with disabilities, the use of the accessible voting system, the receipt of ballots, the processing of absentee ballots, and the counting of ballots, and may handle marked ballots for the purposes of instruction during the counting and tabulating process.

22  Preparation of Special Ballots.  Amend RSA 668:5 to read as follows:

668:5  Preparation of Special Ballots.  For any state election, the secretary of state shall prepare special ballots for the voters of all unincorporated places.  For purposes of this section, “special ballots” shall mean the ballots to be used by all unincorporated places in the same state representative district as opposed to separate ballots for each unincorporated place.  These special ballots shall have no location printed on them, but shall have a space where the name of an unincorporated place shall be entered by the town clerk of the designated town.  The secretary of state shall print only the names of candidates for offices for which the voters of the unincorporated place are entitled to vote, as provided in RSA 668:4.  It shall be the duty of the town clerk to make ready in advance a sufficient number of ballots for each person on the official checklist of the unincorporated places.  [If it is necessary because of election day registrations, extra ballots shall be prepared and the number attested to at the end of the voting.]  In all other respects, such special ballots shall be printed and forwarded to the town clerk in the same manner as the other ballots for the designated town.

23  Voters and Checklists.  Amend RSA 669:5 to read as follows:

669:5  Voters and Checklists.  An updated checklist shall be used at all town meetings and elections for the same purposes a checklist is used at a state election and to insure that only qualified voters participate in town meeting discussions and votes, by voice or otherwise.  The supervisors shall prepare, post, and revise the checklist for a town meeting or election in the same manner as for a state election as provided in RSA 654:25-654:31[, provided, however, that the session for correction shall be held on Saturday 6 to 13 days prior to the election.  The supervisors shall also hold one session for correction of the checklist on the day immediately prior to the first day of the filing period for candidates for town office, as provided in RSA 669:19 or 669:42, as applicable, from 7:00 p.m. to 7:30 p.m. and at the discretion of the supervisors for extended hours].

24  Checklist.  Amend RSA 671:15 to read as follows:

671:15  Checklist.  An updated checklist shall be used at all school district elections and meetings for the same purposes as checklists are used by towns as provided in RSA 669:5.  Any school district which is coextensive with the town in which it is located may, at an annual meeting under an article in the warrant for such meeting, vote to adopt as the checklist for school meetings the checklist of the town.  In case of such adoption, the supervisors of the town checklist, acting as supervisors of the school district checklist, shall correct, certify, and post the checklist for the district as provided in RSA 654:25-654:31.  The session required to be held [10] 30 days before the school district meeting or election may coincide with the session for correction held for the town meeting or election provided that the school meeting or election coincides with the town meeting or election.  If the school meeting or election is held at a time other than the town meeting or election, a separate session for correction of the checklist shall be required to be held [10] 30 days prior to the school district meeting or election.

25  Repeal.  The following are repealed:

I.  RSA 654:7, IV(c), relative to election day voter registration form.

II.  RSA 654:7-a, relative to election day registration.

III.  RSA 654:7-b, relative to effect of registration on election day.

IV.  RSA 654:7-c, relative to observation of voter registration.

V.  RSA 654:34, II(b), relative to registration of undeclared voters at a primary.

VI.  RSA 654:34, III, relative to change of party registration by undeclared voter voting in primary.

VII.  RSA 654:34, V, relative to primary day registration cards.

VIII.  RSA 659:14, II, relative to party rules permitting undeclared voters to vote in primary.

IX.  RSA 659:27, III, relative to challenges at voter registration table.

X.  RSA 659:73, V(a), relative to report of registrations.

26  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

17-0410

1/24/17

 

HB 642-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to eligibility to vote and relative to student identification cards.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [ X ] Other

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

The Community College System of New Hampshire, Department of Justice and the Judicial Branch were originally contacted on January 4, 2017, with followup on; January 17, 2017 to the Department of Justice, January 18, 2017 to the Judicial Branch, and January 19, 2017 to the Community College System of New Hampshire for a fiscal note worksheet, which they have not provided as of January 24, 2017.

 

METHODOLOGY:

This bill eliminates same day voter registration, requires voter registration no later than 30 days after the election and enacts provisions of the National Voter Registration Act of 1993 (P.L. 103-31) (NVRA).  The bill also requires certain institutions of higher learning to issue identification cards indicating whether a student is a New Hampshire resident, modifies the definition of domicile for voting purposes, and requires that a voter be registered as a member of a party prior to the date of the primary in order to be eligible to vote in that party’s primary.

 

The NVRA requires each state to designate all offices in the state that provide state-funded programs  primarily engaged in providing services to persons with disabilities as voter registration agencies.  Currently, New Hampshire is exempt from the requirements of NVRA because New Hampshire allows voters in the State to register to vote at the polling place at the time of voting in a general election for federal office.  The Department of State indicates the bill would cause the Division of Motor Vehicles and Departments of Health and Human Services and Education to be designated as voter registration agencies and to actively participate in voter registration.  

 

The Department of State indicates compliance with NVRA requires additional duties by the Secretary of State involving oversight of compliance with the federal act, training of other state agency personnel, and development of computer programs to link state agencies for the purpose of communication of information relating to voter registrations.  The Department of State estimates the need for 6 new staff positions, office space, furnishings, computers and vehicles.  Training and education of local election officials and voters will be needed and additional printing and postage costs will be incurred.  The Department estimates the following costs per year:

 

Total Estimated Costs of New Positions for Department of State, Including Salary and Benefits

Job Title/Labor Grade and Step

FY 2018

FY 2019

FY 2020

FY 2021

Supervisor VI(LG 27 Step 1)

$90,000

$89,000

$93,000

$98,000

Training Coordinator (LG 21 Step 1)

$75,000

$74,000

$77,000

$81,000

Program Assistant II (LG 15 Step 1)

2 positions

$65,000 x 2 =

$130,000

$63,000 x2 =

$126,000

$66,000 x2 =

$132,000

$69,000 x2 =

$138,000

Secretary II (LG 9 Step 1)

$54,000

$52,000

$54,000

$57,000

Systems Development Specialist III (LG 23 Step 1)

$80,000

$78,000

$82,000

$86,000

Total Cost All Positions

$429,000

$419,000

$438,000

$460,000

Estimated Costs of Software Upgrades and Maintenance

Development and Maintenance Cost

$1,500,000

$270,000

$270,000

$270,000

Estimated Additional Printing and Postage Costs

$0.25 per registered voter, approx.. 1 million

$250,000

$250,000

$250,000

$250,000

Total Cost for Personnel, Software and Printing /Postage

$2,179,000

$939,000

$958,000

$980,000

 

The Department of Health and Human Services (DHHS) indicates the bill will designate the Department as a voter registration agency and as such, new requirements include: distribution of voter registration forms to applicants for services or assistance and with each recertification, renewal or change of address form relating to the service or assistance; provision of assistance to each applicant in the registration process to the same extent as is provided for the completion of the department’s own forms; if services are provided to a person with a disability at the person’s home, DHHS shall provide the voter registration application services at the individual’s home; and transmission of completed voter registration applications to the appropriate supervisors of the checklist within specific timeframes.  The Department states it is not clear if voter registration applications must be provided to each individual in the household who will be at least 18 years of age on the date of election, or only to each applicant for services or assistance.  DHHS states it would also have to allow any member of the public to register to vote, not just those currently served by the agency.  Department staff will need training in the requirements of voter registration and be prepared to assist clients as required by the federal act.  The Department cannot predict how many individuals will come to the district offices to register to vote or request assistance in completing applications or how many voter registration applications will be returned through the mail. The Department anticipates increased foot traffic in the district offices and an increased burden on office staff, which may affect error rates and timeliness.  Costs for revising existing forms to contain specific voter registration information as mandated by the bill and mailing costs are also unknown.  DHHS anticipates the non-benefit related required responsibilities are indeterminable at this time but will be significant.

 

The Division of Motor Vehicles (DMV) states it would be required to collect voter registrations with an application for a new or renewed driver’s license.  The application would be revised to include the voter registration option.  DMV clerks would require additional training to document proof of domicile.  Currently, residency or domicile determinations are done at the municipal level.  DMV will be required to submit information to the supervisors of the checklist or board of registrars in each town or city in the State (approximately 250-260 according to the Secretary of State) within 10 days after acceptance, but it is unclear whether this includes just voter information or required signatures and supporting documentation.  There is no current mechanism to transmit such information.  Either manual or computerized delivery of applications, related affidavits and other supporting documentation would be costly.  Using a manual process, DMV staff would need to sort applications by town and redact information used for driver’s license purposes only.  The DMV processes between 1,300-1,500 driver license applications on average per day among all of its substations.  The DMV anticipates additional training for staff regarding basic voter registration, residency, and domicile related questions and assistance to customers with the voter registration process.  Training outside of business hours (overtime) is estimated at 10 hours per employee in FY 2018 and 5 hours of continued training each year thereafter, for a cost of $31,000 in FY 2018 and $16,000 for each year thereafter.  The DMV estimates a need for 7 part-time employees and one additional full-time employee to process and transmit the applications to the supervisors of the checklist.  One part-time Cash Terminal Operator I (Labor Grade 11, Step 1) would be needed for each of the six business substations; and one part-time Cash Terminal Operator I and one full-time Program Assistant I (Labor Grade 12, Step 1) would be located in Concord to process applications for the remaining substations and coordinate the program.  Four Mail Clerk I positions and vehicles will be needed to deliver applications statewide.  Staffing and training needs are outlined below:

 

Total Estimated Costs of New Positions for Department of Safety, Division of Motor Vehicles, Including Salary and Benefits

Job Title/Labor Grade and Step

FY 2018

FY 2019

FY 2020

FY 2021

Cash Terminal Operator I (LG 11)

7 PT positions

$172,000

$187,000

$181,000

$195,000

Program Assistant I (LG12 Step 1)

$58,000

$56,000

$58,000

$61,000

Mail Clerk I (LG 8 Step 1)

4 positions plus equipment

$74,000 x 4 =$296,000

$52,000 x 4 = $208,000

$55,000 x 4 = $220,000

$57,000 x 4 = $228,000

Overtime cost  for Training

$31,000

$16,000

$16,000

$16,000

Total Cost All Positions and Training

$557,000

$467,000

$475,000

$500,000

 

The DMV is unable to estimate the effect of anticipated increased traffic at all DMV locations and the effect on existing resources required to maintain reasonable customer waiting times.  Electronic transmittal of the voter registration information is anticipated to be significant and likely a multi-million dollar effort.   Electronic transmittal would require reprogramming of the driver licensing system to capture voter registration information and establishment of an interface to transmit this information to municipalities.  Types of systems and software utilized by individual cities and towns vary, rendering the extent and cost of such interface unknown.

 

The DMV is funded with cost of collection and administration revenue associated with the collection of highway funds pursuant to RSA 9:9-a and the New Hampshire Constitution, Part II Article 6-a, which restricts the use of certain revenues in excess of the necessary cost of collection and administration accruing to the State from certain operations to highway purposes.  Voter registration responsibilities may conflict with this provision if highway funds are utilized  to accomplish such duties instead of general funds.  

 

The University System of New Hampshire assumes the System’s current process for determining in-state residence for the purpose of tuition rate eligibility is sufficient to meet the intent of the bill and therefore no additional processes are required to validate residence.  USNH estimates the inclusion of a residency indicator on ID cards issued to new students in FY 2018 and thereafter would have no fiscal impact but the expense to re-issue ID cards to existing students is estimated to be $1.60 per student.  The returning student headcount for FY 2018 is estimated at 22,400 for a total one-time expense of $35,840.

 

The Department of Education states the ID card obligation applies to institutions that provide a reduced tuition rate for state residents, making the bill applicable only to public institutions.  The Higher Education Commission has no authority over such institutions.  The cost to conduct residency determinations and produce new ID cards would be borne by each institution.  Any cost to communicate information could be absorbed by the current staff within the Department of Education.  The Department does not discuss the fiscal impact of the bill designating the Department as a voter registration agency.

 

The Judicial Council states the indigent defense delivery system was not called upon to provide representation to someone who violated laws in previous election cycles and is unlikely to affect Council expenditures for the defense of the indigent accused.

 

The New Hampshire Municipal Association indicates the effect on municipal revenues and expenditures is indeterminable.

 

AGENCIES CONTACTED:

Departments of State, Safety, Justice, Health and Human Services, and Education, Judicial Branch, Judicial Council, New Hampshire Municipal Association, University System of New Hampshire, and Community College System of New Hampshire

 

Links

HB642 at GenCourtMobile

Action Dates

Date Body Type
Feb. 8, 2017 House Hearing
Feb. 21, 2017 House Hearing
Feb. 22, 2017 House Exec Session
March 8, 2017 House Floor Vote

Bill Text Revisions

HB642 Revision: 965 Date: Jan. 25, 2017, 11:31 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Election Law HJ 3 P. 23
Feb. 8, 2017 ==RECESSED== Public Hearing: 02/08/2017 11:00 AM LOB 308
Feb. 21, 2017 ==CONTINUED== Public Hearing: 02/21/2017 10:00 AM LOB 308
Feb. 22, 2017 Executive Session: 02/22/2017 10:00 AM LOB 308
March 8, 2017 Committee Report: Inexpedient to Legislate for 03/08/2017 (Vote 20-0; CC) HC 14 P. 12
March 8, 2017 Inexpedient to Legislate: MA VV 03/08/2017 HJ 9 P. 22