Revision: Jan. 9, 2018, 8:38 a.m.
SB 527-FN-LOCAL - AS INTRODUCED
2018 SESSION
18-2964
03/06
SENATE BILL 527-FN-LOCAL
AN ACT relative to absentee voting.
SPONSORS: Sen. Birdsell, Dist 19; Sen. Gray, Dist 6; Rep. Hoelzel, Rock. 3
COMMITTEE: Election Law and Internal Affairs
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ANALYSIS
This bill establishes additional procedures for verification of absentee voter documents. This bill also establishes procedures for correcting errors and omissions by absentee voters.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2964
03/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to absentee voting.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Absentee Voting Application Form. 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 and may include any additional information deemed helpful to voters or election officials. 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)
If you return an absentee ballot and affidavit envelope and the clerk determines that the affidavit is defective and that your ballot will not be counted unless you correct the defect, the clerk will make one attempt to notify you only if you provide a phone number or email address:
Applicant's Phone Number [(optional)]: _________________________
Applicant's Email Address [(optional)]: __________________________
Applicant's Signature: __________________
Date Signed: __________________
(MM/DD/YYYY)
If applying for an absentee ballot in person, bring and show the clerk a photo identification such as a state-issued photo driver’s license, nondriver's identification card, United States armed services identification card, United States passport or passcard, or valid student identification card issued by a New Hampshire college, university, career school, public high school, or nonpublic high school accredited by an accrediting agency recognized by the department of education, Dartmouth College, or a college or university operated by the university system or community college system of New Hampshire. If submitting the application by mail, enclose a copy of a qualified photo identification. If you do not provide photo identification, your signature will be compared to your signature on your voter registration form and the signature you use on the absentee ballot affidavit to verify your identity. Sign each document in a uniform and consistent manner. If your signatures do not match, your absentee ballot will not be counted.
The applicant must sign this form to receive an absentee ballot. The voter must provide photo identification that satisfies RSA 659:13, or if submitting the application by mail the voter must send a copy of the photo identification, or the signature on this form must match the signature on the affidavit envelope in which the absentee ballot is returned, or the ballot may be rejected. Any person who witnesses and assists a voter with a disability in executing this form shall make a statement acknowledging the assistance on the application form [to assist the moderator when comparing signatures on election day]. If the application is submitted without a copy of the voter’s photo identification, the clerk and moderator will not compare the voter’s signature on the application with the signature on the absentee ballot affidavit when a person assisting the voter has signed the statement that assistance was provided.
2 New Section; Verification of Absentee Voter. Amend RSA 657 by inserting after section 4 the following new section:
657:4-a Verification of Absentee Voter.
I. The secretary of state shall prepare a verification of absentee voter affidavit form in substantially the following form and may include any additional information deemed helpful to voters or election officials. The form shall be made available to the public on the department of state website and distributed in electronic form to the clerks.
Verification of Absentee Voter Affidavit
Instructions
You have submitted an application for an absentee ballot or returned an absentee ballot envelope which has been found to have the following defect:
_____ You failed to verify your identity with a copy of photo identification and the signature on the application does not appear to be executed by the same person who signed the voter registration form in your name.
_____ You failed to verify your identity with a copy of photo identification and the signature on the absentee ballot affidavit does not appear to be executed by the same person who signed the voter registration form or application for an absentee ballot.
_____ The absentee ballot affidavit was not signed.
_____ The absentee ballot was returned without a signed affidavit envelope.
_____ Other reason the absentee ballot will be rejected, describe:
__________________________________________________________________________
Your absentee ballot will not be counted unless you take one of the following actions:
1. Come in person to the clerk’s office prior to election day with proof of identity, such as a state-issued photo driver’s license, nondriver's identification card, United States armed services identification card, United States passport or passcard, or valid student identification card issued by a New Hampshire college, university, career school, public high school, or nonpublic high school accredited by an accrediting agency recognized by the department of education, Dartmouth College, or a college or university operated by the university system or community college system of New Hampshire. Other photo identification may qualify; if you possess only a different form of photo identification contact the clerk’s office to determine whether it will be acceptable. At the clerk’s office you must prove your identity and complete the verification of absentee voter affidavit in the presence of the clerk. If you failed to sign the absentee ballot affidavit envelope, you must sign the affidavit envelope.
2. Complete the affidavit below, including having your oath or affirmation witnessed by a qualified official, and return it to the clerk’s office before election day. The completed affidavit may be returned by any means including United States Mail, facsimile, email attachment, or commercial delivery service.
The clerk's contact information and office hours are attached.
You may also vote in person at the polling place on election day.
Affidavit Verifying Voter Submission of an Absentee Ballot
I (print voter’s full name) ______________________________________, of (print voter’s domicile address and, if different, mailing address)
______________________________________________________________________________
Phone number where I can be contacted: (_____) _____-__________
Email address where I can be contacted: (print neatly) ____________________________
I hereby swear or affirm under penalties of voting fraud set forth below that:
I submitted an application for an absentee ballot
I have submitted or am submitting with this affidavit an absentee ballot sealed in an affidavit envelope
The signature on each document is my signature
I understand that if my signature on this affidavit appears different from my signature on my voter registration form, the signature on this affidavit will be used at future elections to compare signatures to verify that I am the person submitting an application for an absentee ballot and signing the absentee ballot affidavit envelope. I understand that it is important to use a uniform and consistent signature for all election related forms.
____________________________________ ________________
Voter’s Signature Date
Choose one of the following to verify this affidavit:
1. Have your oath/affirmation and signature verified in person by a Town/City Clerk/Election Official/Notary Public/Justice of the Peace/United States Military Officer from any jurisdiction in the United States or a United States Department of State Official/Official of a foreign nation authorized by the laws of that nation to verify the identity of and authenticate the signature of the voter identified above.
State of ______________________/Nation if outside the United States: _______________
County of ____________________
I (print name of official) ____________________________________ am a duly qualified (print title of official) ____________________________________ in the State/Nation listed above. I personally know the individual signing this form or he/she has proven his/her identity to me. I witnessed the above named person sign this affidavit.
Signed and sworn to (or affirmed) before me on the ____ day of _______, ______ by _________________________(name of person making statement).
___________________________________ _______________________
(Signature of officer) Printed name of officer
Address of official:___________________________________ Phone: ___________________
(Seal or stamp, if any)
My commission expires(If applicable) ______________________
Or
2. Submit a photocopy of your state-issued photo driver’s license, nondriver's identification card, United States armed services identification card, United States passport or passcard, or valid student identification card issued by a New Hampshire college, university, career school, public high school, or nonpublic high school accredited by an accrediting agency recognized by the department of education, Dartmouth College, or a college or university operated by the university system or community college system of New Hampshire.
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. 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.
II. The original of a verification of absentee voter affidavit shall be preserved with the voter’s voter registration form. The voter’s signature on the affidavit will be used at future elections when it is necessary to compare signatures on applications or affidavits to verify an absentee voter.
3 Provisions for General Election. Amend RSA 657:12 to read as follows:
657:12 Provisions for General Election.
I. Upon receipt of a properly executed application for an official absentee ballot for a general election, whether the form supplied by the secretary of state, the federal official post card form, or a written statement containing the information required by RSA 657:4, I, a town or city clerk shall forthwith ascertain if the applicant is on the checklist of the town or city. If the applicant is on the checklist, unless the voter verifies his or her identity by providing a copy of photo identification that satisfies RSA 659:13, the clerk shall compare the voter’s signature on the application to the voter’s signature on the voter’s voter registration form. If the signature on the application appears to be executed by the same person who signed the voter registration form, the clerk shall send the materials provided for in RSA 657:15 to the applicant and record the information pursuant to RSA 657:15[; if not,]. If the applicant is not registered as a voter or the signature on the application does not appear to be executed by the same person, the clerk shall refuse to certify as provided in RSA 657:16. An absentee ballot application may be transmitted by email attachment or facsimile to a town or city clerk.
II. If the application is marked showing that the voter received assistance in completing the form, no signature comparison shall be made.
III. If the voter appears in person to request an absentee ballot, the voter shall provide proof of identity in the same manner required by RSA 659:13 for voters checking in to vote on election day. If identity is proven by photo identification, no signature comparison shall be made. If the voter marks the absentee ballot, signs the application and affidavit, seals the ballot in the affidavit envelope, and returns all to the clerk, the clerk shall note on the envelope and on the list of absentee voters “absentee voter verified.” When that absentee ballot is processed on election day, no signature comparison shall be made.
IV. If the voter appears in person to obtain an absentee ballot, but returns the absentee ballot by mail, the affidavit signature shall be compared to the application signature unless the voter provides a copy of photo identification that satisfies the requirements of RSA 659:13. If the voter provided a copy of photo identification or if the signatures appear to be executed by the same person, the clerk shall mark the affidavit envelope and the list of absentee voters “absentee voter verified.”
4 Provisions for State or Presidential Primary Elections. Amend RSA 657:13 to read as follows:
657:13 Provisions for State or Presidential Primary Elections.
I. 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 the voter is on the checklist, unless the voter verifies his or her identity by providing a copy of photo identification that satisfies RSA 659:13, the clerk shall compare the voter’s signature on the application to the voter’s signature on the voter’s voter registration form. If the signature on the application appears to be executed by the same person who signed the voter registration form and 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 or is registered as a member of a party different from the one whose ballot he or she is applying for, or the voter’s identity has not been verified by photo identification or signature comparison, the clerk shall refuse to certify as provided in RSA 657:16. An absentee ballot application may be transmitted by email attachment or facsimile to a town or city clerk.
II. If the application is marked showing that the voter received assistance in completing the form, no signature comparison shall be made.
III. If the voter appears in person to request an absentee ballot, the voter shall provide proof of identity in the same manner required by RSA 659:13 for voters checking in to vote on election day. If identity is proven by photo identification, no signature comparison shall be made. If the voter marks the absentee ballot, signs the application and affidavit, seals the ballot in the affidavit envelope, and returns all to the clerk, the clerk shall note on the envelope and on the list of absentee voters “absentee voter verified.” When that absentee ballot is processed on election day, no signature comparison shall be made.
IV. If the voter appears in person to obtain an absentee ballot, but returns the absentee ballot by mail, the affidavit signature shall be compared to the application signature unless the voter provides a copy of photo identification that satisfies the requirements of RSA 659:13. If the voter provided a copy of photo identification or if the signatures appear to be executed by the same person, the clerk shall mark the affidavit envelope and the list of absentee voters “absentee voter verified.”
5 Sending Absentee Ballots. Amend RSA 657:15, I to read as follows:
I. When the verification required by RSA 657:12 or 657:13 has been made, the clerk shall retain the application and, without delay, personally deliver, email, or mail to the applicant the appropriate ballot and materials as described in RSA 657:7 through 657:8 or designate an assistant to deliver such materials to the applicant. The clerk's option to email an absentee ballot to a voter shall apply only to absentee ballot applications from UOCAVA voters. The clerk shall send absentee ballots in response to verified absentee ballot requests until 5:00 p.m. on the day before the election. The clerk may not designate as an assistant any person who is a candidate for nomination or office or who is working for such a candidate. Any ballots sent pursuant to the provisions of this section shall be mailed or delivered only by officials from the city or town clerk's office and delivered only to the applicant. If the address to which the absent voter's ballot is sent is outside the United States or Canada, such papers shall be sent by [air mail] United States Postal Service First-Class Mail International or other similar international mail delivery service. Said clerks shall keep lists of the names and addresses, arranged by voting places, of all applicants to whom official absentee ballots have been sent, and shall identify those official absentee ballots which have been returned to the clerk and shall record the absentee voter applicant information in the statewide centralized voter registration database. The clerk shall mark the list “absentee voter verified” when an absentee voter has been verified by presenting photo identification when appearing in person to receive and return the absentee ballot, by enclosing a photo identification satisfying the requirements of RSA 659:13 with the returned absentee ballot, when the affidavit shows that the voter received assistance, by comparing the signature on the application and the affidavit with a finding that they appear to be executed by the same person, or by submitting a completed verification of absentee voter affidavit. The lists shall not be available for public inspection at any time without a court order. The lists and any copy of photo identification received by the clerk shall be nonpublic and exempt from RSA 91-A.
6 Refusal to Certify; Procedure. Amend RSA 657:16 to read as follows:
657:16 Refusal to Certify; Procedure.
I. 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. If the voter did not verify identity with a photo identification that satisfies RSA 659:13, or the voter’s signature on the application for an absentee ballot did not appear to be executed by the same person who signed the voter’s voter registration form, and the application did not include a statement that the voter received assistance in completing the application, the clerk shall also send the voter a verification of absentee voter affidavit, with instructions. 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[.]'' or "verification required."
II.(a) Upon receipt of an outer envelope marked "Not Registered[,]'' or "verification required," the clerk shall open the outer envelope.
(b) If the applicant returns the required registration 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.
(c) If the voter returns the required verification of absentee voter affidavit and it has been properly completed the clerk shall mark on the affidavit envelope “absentee voter verified” and enter the same notation on the list of absentee voters required by RSA 657:15, I.
(d) 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.
7 Procedure by Clerk. Amend RSA 657:18 to read as follows:
657:18 Procedure by Clerk.
I. Upon receipt of an outer envelope purporting to contain an official absentee voting ballot, the clerk of the city or town shall[, subject to RSA 657:16,] attach thereto the application for an absentee ballot submitted by said voter and record the information pursuant to RSA 657:15. [All such envelopes shall be preserved unopened until election day.] The clerk may open the outer envelope and determine whether the voter has signed the affidavit envelope. The clerk shall mark on the affidavit envelope “absentee voter verified” and enter the same notation on the list of absentee voters required by RSA 657:15, I, if the voter enclosed a copy of a photo identification that satisfies RSA 659:13, the voter returned a properly completed absentee voter verification affidavit, the affidavit shows the voter received assistance, or the signature on the affidavit appears to be made by the same person who signed the application for an absentee ballot. The clerk may, but is not required to, verify an absentee voter when the absentee ballot is received on the day before the election and shall not verify an absentee voter when the absentee ballot is received on election day. Voter verification for such absentee ballots shall be by the moderator in accordance with RSA 659:50.
II. If the outer envelope contains an absentee ballot that has not been secured within an affidavit envelope, the clerk shall, without looking at how the ballot is marked, secure the absentee ballot in a blank absentee ballot affidavit envelope.
III. If the absentee voter is not verified because there is no signature on the affidavit, the voter did not enclose a copy of photo identification, the signature does not appear to be made by the same person who signed the application for an absentee ballot and the affidavit does not contain a statement that the voter received assistance in completing the affidavit, or without opening the affidavit envelope the clerk determines that the affidavit envelope appears to be empty, the clerk shall make one phone call or send one email to the voter, at the email address or phone number provided on the application for an absentee ballot, informing the voter that his or her absentee ballot will not be counted unless the voter completes and submits a verification of absentee voter affidavit, and in the case of an empty affidavit envelope, returns an absentee ballot in a completed affidavit envelope, to the clerk by 5 p.m. on election day. The clerk shall either attach the verification of absentee voter affidavit and instructions to the email, or in the phone call or message advise the voter how to obtain the verification of absentee voter affidavit and instructions from the secretary of state’s website. If the voter failed to sign or enclose an absentee ballot affidavit envelope or appears to have failed to enclose an absentee ballot in the affidavit envelope, the clerk shall resend the voter a replacement absentee ballot, affidavit envelope, and instructions by United States mail. The clerk shall preserve a copy of the email or make a written record of placing the phone call on or attached to the voter’s application for an absentee ballot.
8 Announcement by Moderator. Amend RSA 659:50 to read as follows:
659:50 Announcement by Moderator.
I. The moderator shall begin processing absentee ballots by clearly announcing that he or she is about to open the envelopes which were delivered to him or her. For those absentee ballots where the absentee voter has not been verified by the clerk as provided in RSA 657, the moderator shall then remove the envelope containing the ballots of each absentee voter and shall compare the signature on the affidavit with the signature on the application for the ballot. If:
[I.] (a) The name of the voter is on the checklist; and
[II.] (b) The affidavit appears to be properly executed; and
[III.] (c) The voter enclosed photo identification which satisfies RSA 659:13 or the affidavit shows that the voter received assistance, the absentee voter shall be processed as verified. Otherwise, the signature on the affidavit shall be examined to determine if it appears to be executed by the same person who signed the application[, unless the voter received assistance because the voter is blind or has a disability;] and:
(1) If the moderator concludes that the affidavit does not appear to be signed by the same person who signed the application, the clerk shall independently assess whether the signatures appear to be executed by the same person.
(2) If the moderator and clerk agree that the affidavit does not appear to be signed by the same person who signed the application, the moderator shall follow the procedure provided in RSA 659:53.
(3) If the moderator and clerk disagree, the absentee ballot shall be treated as if the affidavit were signed by the same person who signed the application. The moderator or clerk shall report any suspected absentee ballot fraud to the attorney general.
[IV] II. For the absentee ballots processed in accordance with paragraph I and those where the clerk has previously verified the absentee voter in accordance with RSA 657, if the signatures appear to be the signatures of a duly qualified voter who has not voted at the election; then the moderator shall publicly announce the name of the absentee voter, except that with respect to any voter who has been included in the address confidentiality program under RSA 7:43 or who has been granted a protective order under RSA 173-B, the moderator shall identify such voters as "confidential voter number 1'' and "confidential voter number 2,'' and so forth. If these conditions are not met, the moderator shall follow the procedure provided in RSA 659:53.
III. If an absentee ballot will not be counted because on election day the moderator and clerk agree that the affidavit does not appear to be signed by the same person who signed the application, the moderator or a designee shall make one phone call to notify the voter at the phone number provided on the absentee ballot application, if a phone number is provided. The voter may come to the polling place and vote in person. The voter may also have a completed verification of absentee voter affidavit delivered to the moderator at the polling place. If a properly completed verification of absentee voter affidavit is received before the close of the polls, the absentee ballot shall be counted.
IV. If a voter has failed to correct a defect found by the clerk, the moderator shall examine the application and affidavit. If the moderator and clerk agree that the affidavit is defective, the moderator shall follow the procedure provided in RSA 659:53.
9 Forms Not in Order. Amend RSA 659:53 to read as follows:
659:53 Forms Not in Order.
I. If the moderator finds that the absentee voter is not entitled to vote, the moderator shall not open the envelope and shall mark across the face of the envelope the reason the ballot is rejected, such as "rejected as not a voter'' "voted in person,'' "affidavit improperly executed,'' "not signed by proper person,'' or whatever the reason is and shall record next to the name of the absentee voter on the clerk's list of absentee voter applicants prepared pursuant to RSA 657:15 the word "rejected'' and the reason for the rejection. The clerk shall record this information in the statewide centralized voter registration database. The moderator shall save all the unopened envelopes and shall preserve the envelopes with the ballots cast at the election as provided in RSA 659:101.
II. In every case where an absentee ballot is rejected because it is more likely than not that a person other than the voter signed the absentee ballot affidavit envelope, the moderator shall report the suspected absentee voting fraud to the attorney general. The moderator shall cause such rejected applications for an absentee ballot, the affidavit envelopes, the outer envelopes, and any associated materials to be sealed in a separate envelope to be kept secure by the clerk until examined by the attorney general or transferred to the secretary of state if there is a recount. If not taken into evidence by the attorney general, the absentee ballots and related materials in the separate container shall be preserved and then destroyed in the same manner as ballots cast and counted in the election.
III. For those absentee ballots that will be counted because the clerk has verified the absentee voter, the moderator may examine the applications and affidavits. The moderator shall report any which he or she believes are evidence of fraudulent absentee voting to the attorney general. The applications and affidavit envelopes for such ballots shall be preserved in the same manner as provided in paragraph II.
10 Effective Date. This act shall take effect 60 days after its passage.
18-2964
1/3/18
SB 527-FN-LOCAL- FISCAL NOTE
AS INTRODUCED
AN ACT relative to absentee voting.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill amends the process of applying for and verifying absentee ballots. The Department of State indicates these processes occur at the municipal level with local election officials, thus the Secretary of State does not incur any costs beyond its normal operations. The Department indicates there may be costs and savings associated with absentee ballot processing at the local level. The Municipal Association states the bill may require increased work by local election officials, but the association is unable to determine whether this will result in additional municipal expenditures, therefore the fiscal impact is indeterminable. It will not affect municipal revenues.
The Department of Justice states the bill would require any suspected incidents of absentee ballot fraud be reported to the Attorney General. The Department of Justice states the Department could respond to such complaints within its current budget.
The Judicial Branch and Department of Corrections both state RSA 659:34 contains penalty provisions for wrongful voting, and the number of actions instituted pursuant to this legislation is indeterminable.
However, these entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2019 | FY 2020 |
Class A Misdemeanor | $72 | $73 |
Routine Criminal Felony Case | $457 | $462 |
Complex Equity Case | $740 | $746 |
Complex Civil Case | $737 | $745 |
Appeals | Varies | Varies |
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It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Department of Corrections |
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FY 2017 Average Cost of Incarcerating an Individual | $36,960 | $36,960 |
FY 2017 Annual Marginal Cost of a General Population Inmate | $4,555 | $4,555 |
FY 2017 Average Cost of Supervising an Individual on Parole/Probation | $557 | $557 |
The Judicial Branch states RSA 657:24 makes it an unspecified misdemeanor to vote by absentee ballot when one is not entitled to do so. Judicial Branch statistics show that no prosecutions for violations of RSA 657:24 have been brought in the past ten years. On the assumption that this historical trend continues, the Judicial Branch should see no fiscal impact under RSA 657:24 from this proposed bill.
The Judicial Council indicates the bill does not appear to criminalize new conduct, but reiterates current criminal penalties that exist pursuant to RSA 659:34. Therefore no fiscal impact is expected.
The New Hampshire Association of Counties also expects no fiscal impact.
AGENCIES CONTACTED:
Department of State, New Hampshire Municipal Association, Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties