Revision: April 16, 2018, 8:58 a.m.
SB 527-FN-LOCAL - AS AMENDED BY THE SENATE
03/08/2018 0717s
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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AMENDED ANALYSIS
This bill establishes additional procedures for verification of 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/08/2018 0717s 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. 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 Phone Number [(optional)]: _________________________
Applicant's Email Address [(optional)]: __________________________
Applicant's Signature: __________________
Date Signed: __________________
(MM/DD/YYYY)
I attest that I assisted the applicant in executing this form because he or she has a disability.
Signature ___________________________ Print Name ___________________________________
If your absentee ballot affidavit envelope does not have the printed name and signature of a person who assisted you with voting, your signature will be compared to your signature on the absentee ballot affidavit to verify your identity. If your signatures do not appear to be made by the same person, your absentee ballot may not be counted.
The applicant must sign this form to receive an absentee ballot. [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] print and sign his or her name in the space provided on the application form [to assist the moderator when comparing signatures on election day]. 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 In-Person Absentee Voter. Amend RSA 657 by inserting after section 17 the following new section:
657:17-a Verification of In-Person Absentee Voter.
I. An absentee voter who returns his or her completed absentee ballot to the clerk's office in person shall be treated as a verified voter provided:
(a) The voter voluntarily shows the clerk a photo identification that meets the requirements of RSA 659:13; or
(b) The voter voluntarily completes a challenged voter affidavit in the same manner as is required for an election day voter who does not present a qualified voter identification.
II. The clerk shall mark the absentee ballot affidavit enveloped "voter verified" and note on the clerk's list of absentee voters that the voter has been verified. The verified voter's signatures on the application for an absentee ballot shall not be compared to the voter's signature on the absentee ballot affidavit on election day.
III. A voter who does not present a qualified photo identification and who does not complete a challenged voter affidavit shall not be treated as a verified voter, and his or her signatures on the application for an absentee ballot shall be compared to his or her signature on the absentee ballot affidavit on election day in the same manner as other absentee voters.
3 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. The moderator shall then remove the envelope containing the ballots of each absentee voter and, for those absentee ballots where the absentee voter has not been verified by the clerk as provided in RSA 657:17-a, 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 signature] If the affidavit shows that the voter received assistance, the absentee voter shall be processed as verified. Otherwise, the signatures 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].
[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 657:17-a, 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.
4 Effective Date. This act shall take effect 60 days after its passage.
18-2964
Amended 4/12/18
SB 527-FN-LOCAL- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-0717s)
AN ACT relative to absentee voting.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
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METHODOLOGY:
The bill changes language on the absentee voter application affidavit and the affidavit envelope for absentee ballots and verification of absentee voters. The Department of State indicates these changes can be made within the existing department budget for the production of voting materials. The New Hampshire Municipal Association states the changes to the process for examining signatures on absentee ballot affidavits and verifying absentee voters will not affect municipal revenues and appears unlikely to have an impact on municipal expenditures.
AGENCIES CONTACTED:
Department of State and New Hampshire Municipal Association