Bill Text - SB527 (2018)

(New Title) relative to absentee voting and relative to the statewide centralized voter registration database.


Revision: June 27, 2018, 9:05 a.m.

CHAPTER 329

SB 527-FN-LOCAL - FINAL VERSION

 

03/08/2018   0717s

3May2018... 1656h

3May2018... 1800h

05/23/2018   1999CofC

05/23/2018   2110EBA

 

2018 SESSION

18-2964

03/06

 

SENATE BILL 527-FN-LOCAL

 

AN ACT relative to absentee voting and relative to the statewide centralized voter registration database.

 

SPONSORS: Sen. Birdsell, Dist 19; Sen. Gray, Dist 6; Rep. Hoelzel, Rock. 3

 

COMMITTEE: Election Law and Internal Affairs

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill establishes additional procedures for verification of absentee voters.  This bill establishes additional absentee voting eligibility if a weather emergency is anticipated for election day.  This bill also prohibits disclosure of information contained in the statewide centralized voter registration database pursuant to a subpoena or civil litigation discovery request.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

3May2018... 1656h

3May2018... 1800h

05/23/2018   1999CofC

05/23/2018   2110EBA 18-2964

03/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to absentee voting and relative to the statewide centralized voter registration database.

 

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

 

329:1  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.

For use only on the Monday immediately prior to the election:  I cannot appear at my polling place on election day because the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning for election day applicable to my city, town, or unincorporated place and either (check one):

______ I am elderly or infirm or I have a physical disability, and would otherwise vote in person but I have concerns for my safety traveling in the storm.

______ I anticipate that school, child care, or adult care will be canceled, and would otherwise vote in person but will need to care for children or infirm adults.

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 application or affidavit envelope has the printed name and signature of a person who assisted you with voting, your signature will not be compared to your signature on the absentee ballot affidavit to verify your identity.  Otherwise, 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 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 on the absentee ballot application or affidavit envelope that assistance was provided.

329:2  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.

329:3  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 or application 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.

329:4  Absence, Religious Observance, and Disability Absentee Voting.  Amend RSA 657:1 to read as follows:

657:1  Absence, Religious Observance, and Disability Absentee Voting.

I. Any person who is absent on the day of any state election from the city, town, or unincorporated place in which he or she is registered to vote or who cannot appear in public on any election day because of his or her observance of a religious commitment or who is unable to vote there in person by reason of physical disability may vote at such elections as provided in this chapter.  A person who is unable to appear at any time during polling hours at his or her polling place because of an employment obligation shall be considered absent for purposes of this chapter.  For the purposes of this section, the term "employment" shall include the care of children and infirm adults, with or without compensation.

II.  When the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning for election day applicable to the city, town, or unincorporated place:

(a)  A person who is elderly or infirm or who has a physical disability, who otherwise would have voted in person but has concerns for his or her safety traveling in the storm, shall be considered absent for purposes of this chapter and may vote absentee on the Monday immediately prior to the election.

(b)  A person who cares for children or infirm adults who reasonably anticipates that school, child care, or adult care will be canceled, who otherwise would have voted in person but will be deterred from voting by the need to care for children or infirm adults, shall be considered absent for purposes of this chapter and may vote absentee on the Monday immediately prior to the election.

(c)  As required by RSA 652:20, the clerk's office shall be open to receive applications for absentee ballots, to provide voters the opportunity to complete absentee ballots, and to receive returned ballots on the Monday immediately prior to an election at a minimum from 3:00 p.m. to 5:00 p.m.  The clerk may designate a deputy clerk or assistant to provide this service, provided the individual has taken the oath of office and has been trained in the requirements for using an absentee ballot and the procedures for issuing and receiving absentee ballots.

329:5  Absentee Voting; Materials.  Amend RSA 657:7, II(a)-(b) to read as follows:

(a)  Absence from City or Town.  A person voting by absentee ballot because of absence from the city or town in which he or she is entitled to vote shall fill out and sign the following certificate:

I do hereby certify under the penalties for voting fraud set forth below that I am a voter in the city or town of _______________, New Hampshire, in ward __________; that I will be unable to appear at any time during polling hours at my polling place because I will be working on election day, or I am voting on the Monday immediately prior to the election, the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning, and I am elderly or infirm, have a physical disability, or have to care for children or infirm adults, or I will be otherwise absent on election day from said city or town and will be unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).  For the purposes of this certification, the term "working" shall include the care of children and infirm adults, with or without compensation.

(Signature) ____________________

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.

(b)  Absence Because of Religious Observance or Physical Disability.  A person voting by absentee ballot because of religious observance or physical disability shall fill out and sign the following certificate:

I do hereby certify under the penalties for voting fraud set forth below that I am a voter in the city or town of ____________, New Hampshire, in ward ____________; that I will be observing a religious commitment which prevents me from voting in person or that on account of physical disability I am unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).

(Signature) ____________________  

[The signature on this affidavit must match the signature on the application for an absentee ballot or the ballot may be rejected.  A person assisting a blind voter or voter with a disability who needs assistance executing this affidavit shall make and sign a statement on this envelope acknowledging the assistance in order to assist the moderator when comparing signatures on election day.]

The signature on this affidavit must appear to be executed by the same person who signed the absentee ballot application.  A person assisting a disabled or blind voter shall make and sign a statement on this envelope in the space provided acknowledging the assistance.  The moderator will not compare the voter’s signature on this affidavit with the signature on the absentee ballot application when a person assisting the voter has signed the statement on the affidavit that assistance was provided.

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.

329:6  Town Elections; Absentee Voting.  Amend RSA 669:26 to read as follows:

669:26  Absentee Voting.

I.  Every town which has adopted an official ballot system for town elections as provided in RSA 669:12 or 669:13 shall provide for absentee voting.  Any eligible voter who is absent from such a town on the day of a town election, or who cannot appear in public on election day because of his or her observance of a religious commitment, or who, by reason of physical disability, is unable to vote in person may vote at a town election in accordance with the provisions of this section and RSA 669:27-669:29.  A person who is unable to appear at any time during polling hours at his or her polling place because of an employment obligation shall be considered absent for purposes of this section and RSA 669:27-669:29.  For the purposes of this section, the term "employment" shall include the care of children and infirm adults, with or without compensation.

II.  When the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning for election day applicable to the town:

(a)  A person who is elderly or infirm or who has a physical disability, who otherwise would have voted in person but has concerns for his or her safety traveling in the storm, shall be considered absent for purposes of this section and RSA 669:27-669:29 and may vote absentee on the Monday immediately prior to the election.

(b)  A person who cares for children or infirm adults who reasonably anticipates that school, child care, or adult care will be canceled, who otherwise would have voted in person but will be deterred from voting by the need to care for children or infirm adults, shall be considered absent for purposes of this section and RSA 669:27-669:29 and may vote absentee on the Monday immediately prior to the election.

(c)  As required by RSA 652:20, the clerk's office shall be open to receive applications for absentee ballots, to provide voters the opportunity to complete absentee ballots, and to receive returned ballots on the Monday immediately prior to an election at a minimum from 3:00 p.m. to 5:00 p.m.  The clerk may designate a deputy clerk or assistant to provide this service, provided the individual has taken the oath of office and has been trained in the requirements for using an absentee ballot and the procedures for issuing and receiving absentee ballots.

329:7  Purpose.  Based on the highly confidential information contained in the voter registration database, including information obtained in the absentee ballot process, the legislature reiterates that this information must be protected and shall not be disclosed except as set forth in RSA 654:45 and never in response to a subpoena or civil litigation discovery request.

329:8  Statewide Centralized Voter Registration Database; Disclosure.  Amend RSA 654:45, VI to read as follows:

VI.  The voter database shall be private and confidential and shall not be subject to RSA 91-A and RSA 654:31, nor shall it or any of the information contained therein be disclosed pursuant to a subpoena or civil litigation discovery request.  The secretary of state is authorized to provide voter database record data to the administrative office of the courts to assist in the preparation of master jury lists pursuant to RSA 500-A and to the clerk of the District Court of the United States for the District of New Hampshire to assist in the preparation of federal court jury lists.  The voter checklist for a town or city shall be available pursuant to RSA 654:31.  Any person who discloses information from the voter database in any manner not authorized by this section shall be guilty of a misdemeanor.

329:9  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.

For use only on the Monday immediately prior to the election:  I cannot appear at my polling place on election day because the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning for election day applicable to my city, town, or unincorporated place and either (check one):

______ I am elderly or infirm or I have a physical disability, and would otherwise vote in person but I have concerns for my safety traveling in the storm.

______ I anticipate that school, child care, or adult care will be canceled, and would otherwise vote in person but will need to care for children or infirm adults.

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

_____ (name of any party determined by the secretary of state to have achieved official status under RSA 652:11)

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 application or affidavit envelope has the printed name and signature of a person who assisted you with voting, your signature will not be compared to your signature on the absentee ballot affidavit to verify your identity.  Otherwise, 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 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 on the absentee ballot application or affidavit envelope that assistance was provided.

329:10  Contingency.  If HB 390 of the 2018 regular legislative session becomes law, section 9 of this act shall take effect on January 1, 2019 and section 1 of this act shall not take effect.  If HB 390 does not become law, section 1 of this act shall take effect on January 1, 2019 and section 9 of this act shall not take effect.

329:11  Effective Date.  

I.  Section 8 of this act shall take effect upon its passage.

II.  Sections 1 and 9 of this act shall take effect as provided in section 10 of this act.

III.  The remainder of this act shall take effect January 1, 2019.

 

Approved: June 25, 2018

Effective Date:

I. Section 8 shall take effect June 25, 2018.

II. Sections 1 and 9 shall take effect as provided in section 10.

III. Remainder shall take effect January 1, 2019.