HB1568 (2018) Detail

Allowing voters to register as members of political organizations.


HB 1568-FN - AS INTRODUCED

 

 

2018 SESSION

18-2198

03/05

 

HOUSE BILL 1568-FN

 

AN ACT allowing voters to register as members of political organizations.

 

SPONSORS: Rep. Dyer, Hills. 37; Rep. Phinney, Straf. 24

 

COMMITTEE: Election Law

 

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ANALYSIS

 

This bill allows voters to register as members of political organizations.  If one percent of the voters register as a member of an organization, it qualifies as a "party."

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2198

03/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT allowing voters to register as members of political organizations.

 

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

 

1  Terms and Definitions; Party.  Amend RSA 652:11 to read as follows:

652:11  Party.  "Party'' shall mean any political organization which at the preceding state general election received at least 4 percent of the total number of votes cast for any one of the following:  the office of governor or the offices of United States senators.  "Party" shall also include any political organization which has one percent of the voters registered in the state registered as affiliated with the organization on the first Wednesday in June before a state primary election.

2  Voter Registration Form.  Amend RSA 654:7, IV(b)-(c) 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 used within 30 days of an election or at the polling place on election day, 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

(Please print or type)

1.  Name ____________________  

Last (suffix) First Full Middle Name

2.  Domicile Address ____________________

Street Ward Number

____________________

Town or City Zip Code

3.  Mailing Address if different than in 2 ____________________

Street

____________________

Town or City Zip Code

4.  Place and Date of Birth ____________________

Town or City State

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 ____________________

Street Ward Number

I am not currently registered to vote elsewhere (initial here __________), or I request that my name be removed as a registered voter in  ______________________________ (fill in your address where previously registered, street, city/town, state, and zip code)

7.  Name under which previously registered, if different from above

____________________

8.  Party Affiliation (if any) ____________________ (you may register your affiliation with a political organization that is not currently a ballot-eligible party and you will be a member when it attains ballot-eligible party status)

9.  Driver's License Number _________________________State  ____________________

If 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. If a city, ward number __________.

I understand that to vote in this 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 ward/town.

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 state or any other city/town.

In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.

If 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.

I 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.

____________________ ____________________

Date Signature of Applicant

In accordance with RSA 659:34, the penalty for knowingly or purposely 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.

(c)  The secretary of state shall prescribe the form of the voter registration form to be used only for voter registrations, transfers, or updates starting 30 days before each election and at the polling place on election day, 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 registration form is submitted _______________

Date applicant moved to the address listed below as the voter's domicile  __________

VOTER REGISTRATION FORM

FOR USE STARTING 30 DAYS BEFORE AN ELECTION AND AT THE POLLING PLACE ON

 ELECTION DAY

(Please print or type)

1.  Name ____________________

Last (suffix) First Full Middle Name

2.  Domicile Address ____________________

Street Ward Number

____________________

Town or City Zip Code

3.  Mailing Address if different than in 2 ____________________

Street

____________________

Town or City Zip Code

4.  Place and Date of Birth ____________________

Town or City State

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 ____________________

Street Ward Number

I am not currently registered to vote elsewhere (initial here __________), or I request that my name be removed as a registered voter in  ______________________________ (fill in your address where previously  registered, street, city/town, state, and zip code)

7.  Name under which previously registered, if different from above ____________________

8.  Party Affiliation (if any) ____________________ (you may register your affiliation with a political organization that is not currently a ballot-eligible party and you will be a member when it attains ballot-eligible party status)

9.  Driver's License Number _________________________State  ____________________

If 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. If a city, ward number __________.

I understand that to vote in this 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 ward/town.

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 state or any other city/town.

In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.

If 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.

I understand that to make the address I have entered above my domicile for voting I must have an intent to make this the one place from which I participate in democratic self-government and must have acted to carry out that intent.

I understand that if I have documentary evidence of my intent to be domiciled at this address when registering to vote, I must either present it at the time of registration or I must place my initials next to the following paragraph and mail a copy or present the document at the town or city clerk's office within 10 days following the election (30 days in towns where the clerk's office is open fewer than 20 hours weekly).

_____ By placing my initials next to this paragraph, I am acknowledging that I have not presented evidence of actions carrying out my intent to be domiciled at this address, that I understand that I must mail or personally present to the clerk's office evidence of actions carrying out my intent within 10 days following the election (or 30 days in towns where the clerk's office is open fewer than 20 hours weekly), and that I have received the document produced by the secretary of state that describes the items that may be used as evidence of a verifiable action that establishes domicile.

Failing to report and provide evidence of a verifiable action will prompt official mail to be sent to your domicile address by the secretary of state to verify the validity of your claim to a voting domicile at this address.

I understand that if I do not have any documentary evidence of my intent to be domiciled at this address, I must place my initials next to the following paragraph:

_____ By placing my initials next to this paragraph, I am acknowledging that I am aware of no documentary evidence of actions carrying out my intent to be domiciled at this address, that I will not be mailing or delivering evidence to the clerk's office, and that I understand that officials will be sending mail to the address on this form or taking other actions to verify my domicile at this address.

I 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.

____________________ ____________________

Date Signature of Applicant

If this form is used in place of proof of identity, age, or citizenship, I hereby swear that such information is true and accurate to the best of my knowledge.

This form was executed for purposes of proving (applicant shall circle yes or no and initial each item):

Identity yes/no _____

(initials)  

Citizenship yes/no _____

(initials)

Age yes/no _____

(initials)

____________________ ____________________

Applicant Election Official

____________________

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

In accordance with RSA 659:34, the penalty for knowingly or purposely 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.  In accordance with RSA 659:34-a voting in more than one state in the same election is a class B felony with a maximum sentence of imprisonment not to exceed 7 years and a fine not to exceed $4,000.

3  Preparing Checklist.  Amend RSA 654:25 to read as follows:

654:25  Preparing Checklist.  The secretary of state shall issue and distribute guidelines for the composition and style of checklists and for the maintenance of data related to checklists by which the supervisors of the checklist shall compile and correct the checklist.  Such guidelines shall specify the information which will be maintained and updated by the supervisors.  The secretary shall establish standard forms and procedures for the use of the supervisors for the maintenance of such information.  The information to be maintained and updated shall include the full name, domicile address, mailing address, and party or political organization affiliation, if any, of each voter on the checklist and such other information as the secretary requires.  Every checklist used at any election shall contain the full name, domicile address, mailing address, and party or political organization affiliation, if any, of each voter on the checklist.  The paper checklists used by ballot clerks on election day need not include mailing addresses.  The name and address of a voter shall not appear on the checklist at the request of the voter if the voter presents to the supervisors of the checklist a valid protective order pursuant to RSA 173-B.  The name, domicile address, and mailing address, if different, of such a voter shall be maintained on a separate list of voters, which shall be nonpublic and not subject to RSA 91-A.  If it is necessary to establish such a nonpublic list, the public checklist shall be marked at the end with a notation of the number of voters whose names are maintained on the nonpublic list.

4  Availability of Checklist.  Amend RSA 654:31, IV to read as follows:

IV.  The secretary of state shall, upon request, provide to a political party, as defined in RSA 664:2, IV, or to a political committee, as defined in RSA 664:2, III, a list of the name, domicile address, mailing address, town or city, voter history, and party or political organization affiliation, if any, of every registered voter in the state.  The secretary of state shall, upon request, provide to a candidate for county, state, or federal office a list of the name, domicile address, mailing address, town or city, voter history, and party or political organization affiliation, if any, of every registered voter in the state or in the candidate's district.  In this section, "voter history'' means whether the person voted and, for primary elections, in which party's primary the person voted, in each state election for the preceding 2 years.  The secretary of state shall charge a fee of $25 plus $0.50 per thousand names or portion thereof in excess of 2,500 plus shipping charges for each copy of the list provided under this section.  In addition, the secretary of state shall charge and collect on behalf of and remit to the supervisors of the checklist of each city and town the amount that such supervisors would have charged had the public checklist of their city or town been purchased from them.  The secretary of state may provide lists as prescribed in this section on paper, computer disk, computer tape, electronic transfer, or any other form.

5  Right to Know Exemption.  Amend RSA 654:31-a to read as follows:

654:31-a  Right to Know Exemption.  The information contained on the checklist of a town or city, specifically, the name, domicile address, mailing address, town or city, and party or political organization affiliation, if any, of registered voters, except as otherwise provided by statute, is public information subject to RSA 91-A.  All other information on the voter registration form, absentee registration affidavit, qualified voter affidavits, affidavit of religious exemption, and application for absentee ballot shall be treated as confidential information and the records containing this information shall be exempt from the public disclosure provisions of RSA 91-A, except as provided by statutes other than RSA 91-A.  Notwithstanding the foregoing, qualified voter affidavits are public records subject to RSA 91-A for the sole purpose of challenging an individual registering to vote or voting, challenging ballots to be recounted, to the extent that such ballot challenges are specifically authorized by law, or determining the accuracy of any qualified voter affidavit.  Election officials and law enforcement personnel in furtherance of their official duties may access and may disclose information from the voter registration form, qualified voter affidavits, affidavits of religious exemption, absentee registration affidavits, and applications for absentee ballots, if necessary to resolve a challenge to an individual registering to vote or voting, or if necessary to investigate or prosecute election law violations or any crime.  Law enforcement access and use of such records for the investigation or prosecution of crimes unrelated to election law violations shall be limited to the records of the specific individuals who are the subject of the investigation or prosecution.

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

 

LBAO

18-2198

11/2/17

 

HB 1568-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT allowing voters to register as members of political organizations.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

METHODOLOGY:

This bill allows a voter to register and be placed on the checklist as a member of a political organization that has not achieved official party ballot status.   If one percent of the voters on the checklist register as a member of an organization, it would qualify as a political party.

 

The Secretary of State indicates voters currently are able to register to vote as a member of an official party or as an undeclared voter.  The statute does not address how a political organization registers with the state so it knows how to identify the party organization on the checklist.  The potential number of political organizations is not limited.  The bill would require significant modifications to the statewide centralized voter database, and training for city and town clerks and supervisors of the checklist.  There may also be additional costs related to a new, potentially easier achievement of official party ballot status.  Total expenditures resulting from this legislation are indeterminable.

 

The New Hampshire Municipal Association states it is unable to identify any impact on municipal revenues or expenditures.

 

AGENCIES CONTACTED:

Department of State and New Hampshire Municipal Association

 

Links

HB1568 at GenCourtMobile

Action Dates

Date Body Type
Jan. 18, 2018 House Hearing
Feb. 13, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
March 15, 2018 House Floor Vote

Bill Text Revisions

HB1568 Revision: 2092 Date: Nov. 9, 2017, 9:53 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Election Law HJ 1 P. 15
Jan. 18, 2018 Public Hearing: 01/18/2018 12:30 PM LOB 308
Feb. 13, 2018 Executive Session: 02/13/2018 11:00 AM LOB 308
Committee Report: Inexpedient to Legislate (Vote 20-0; CC)
March 6, 2018 Committee Report: Inexpedient to Legislate for 03/06/2018 (Vote 20-0; CC) HC 9 P. 17
March 6, 2018 Removed from Consent (Rep. Dyer) 03/06/2018 HJ 6 P. 4
March 6, 2018 Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 15, 2018 Suspend House Rule 65; extending deadline for action to 3/22/2018 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/15/2018 HJ 8 P. 69
March 22, 2018 Lay HB 1568 on Table (Rep. B. Griffin): MA VV 03/22/2018 HJ 10 P. 16