CHAPTER 261
HB 531 - FINAL VERSION
7Mar2019... 0573h
05/30/2019 2216s
2019 SESSION
19-0328
11/03
HOUSE BILL 531
AN ACT relative to the delivery of absentee ballots cast by elderly or disabled citizens.
SPONSORS: Rep. Ebel, Merr. 5; Rep. Porter, Hills. 1; Rep. Wolf, Merr. 5; Rep. Mangipudi, Hills. 35; Rep. Belanger, Hills. 27; Rep. Campion, Graf. 12; Rep. Moynihan, Coos 2; Rep. DesMarais, Carr. 6; Sen. Chandley, Dist 11; Sen. Hennessey, Dist 5; Sen. Levesque, Dist 12
COMMITTEE: Election Law
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ANALYSIS
This bill permits unrelated caregivers to deliver absentee ballots on behalf of voters who reside in nursing homes or assisted living facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2019... 0573h
05/30/2019 2216s 19-0328
11/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the delivery of absentee ballots cast by elderly or disabled citizens.
Be it Enacted by the Senate and House of Representatives in General Court convened:
261:1 Procedure for Absence, Religious Observance, and Disability and Overseas Voting; Procedure by Voter. Amend RSA 657:17 to read as follows:
657:17 Procedure by Voter.
I. After marking the ballot, the voter or the person assisting a blind voter or voter with a disability who is unable to mark his or her ballot shall enclose and seal the same in an inner envelope. The voter shall execute the affidavit on the envelope. A person assisting a blind voter or voter with a disability who needs assistance executing the affidavit shall sign a statement on the affidavit envelope acknowledging the assistance. The voter or the person assisting the blind voter or voter with a disability who needs assistance shall enclose and seal the inner envelope with the affidavit in an outer envelope. The voter or the person assisting a blind voter or voter with a disability shall then endorse on the outer envelope [his or her] the voter's name, address, and voting place [and shall mail the envelope, affixing postage, or personally deliver it or have it delivered by the voter's spouse, parent, sibling, or child to the city or town clerk from whom it was sent]. The absentee ballot shall be delivered to the city or town clerk from whom it was received in one of the following ways:
(a) The voter or the voter's delivery agent may personally deliver the envelope; or
(b) The voter or the person assisting the blind voter or voter with a disability may mail the envelope to the city or town clerk, with postage affixed.
II. As used in this section, "delivery agent" means:
(a) The voter's spouse, parent, sibling, child, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild; or
(b) If the voter is a resident of a nursing home as defined in RSA 151-A:1, IV, the nursing home administrator, licensed pursuant to RSA 151-A:2, or a nursing home staff member designated in writing by the administrator to deliver ballots; or
(c) If the voter is a resident of a residential care facility licensed pursuant to RSA 151:2, I(e) and described in RSA 151:9, VII(a)(1) and (2), the residential care facility administrator, or a residential care facility staff member designated in writing by the administrator to deliver ballots; or
(d) A person assisting a blind voter or a voter with a disability who has signed a statement on the affidavit envelope acknowledging the assistance.
III. The city or town clerk, or ward clerk on election day at the polls, shall not accept an absentee ballot from a [family member] delivery agent unless the [family member] delivery agent completes a form provided by the secretary of state, which shall be maintained by the city or town clerk, and the [family member] delivery agent presents a government-issued photo identification or has his or her identity verified by the city or town clerk. Absentee ballots delivered through the mail or by the voter's [spouse, parent, sibling, or child] delivery agent shall be received by the town, city, or ward clerk no later than 5:00 p.m. on the day of the election. A delivery agent who is assisting a voter who is blind or who has a disability pursuant to this section may not personally deliver more than 4 absentee ballots in any election, unless the delivery agent is a nursing home or residential care facility administrator, an administrator designee, or a family member, each as authorized by this section.
261:2 Elections; Absentee Voting; Election Day; Misusing Absentee Ballot. Amend RSA 657:24 to read as follows:
657:24 Misusing Absentee Ballot. Whoever, prior to the closing of the polls or the time of processing absentee ballots on election day, shall show or exhibit an unsealed absentee ballot to any person or shall use an absentee ballot for any purpose except to vote the same shall be guilty of a misdemeanor; provided that this provision shall not apply to any person engaged in printing or distributing or otherwise dealing with said ballots according to law, to any [person] voter who because of blindness or disability is unable to mark his or her ballot, or to any person who assists a blind [person] voter or a voter with a disability who needs assistance in marking his or her ballot pursuant to RSA 657:17, I. Anyone who votes or attempts to vote under the provisions of this chapter who is not entitled to vote by absentee ballot or anyone who knowingly votes or attempts to vote in violation of this chapter shall be guilty of a misdemeanor.
261:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 19, 2019
Effective Date: September 17, 2019
| Date | Body | Type |
|---|---|---|
| Jan. 29, 2019 | House | Hearing |
| Feb. 20, 2019 | House | Exec Session |
| House | Floor Vote | |
| March 7, 2019 | House | Floor Vote |
| April 25, 2019 | Senate | Hearing |
| May 30, 2019 | Senate | Floor Vote |
July 19, 2019: Signed by Governor Sununu 07/19/2019; Chapter 261; Eff: 09/17/2019
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 53
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 13, 2019: House Concurs with Senate Amendment 2216s (Rep. Moynihan): MA VV 06/13/2019 HJ 19 P. 3
May 30, 2019: Ought to Pass with Amendment 2019-2216s, MA, VV; OT3rdg; 05/30/2019; SJ 18
May 30, 2019: Committee Amendment # 2019-2216s, AA, VV; 05/30/2019; SJ 18
May 30, 2019: Committee Report: Ought to Pass with Amendment # 2019-2216s, 05/30/2019; Vote 5-0; CC; SC 24
April 25, 2019: Hearing: 04/25/2019, Room 102, LOB, 01:45 pm; SC 19
March 14, 2019: Introduced 03/14/2019 and Referred to Election Law and Municipal Affairs; SJ 9
March 7, 2019: Ought to Pass with Amendment 2019-0573h: MA VV 03/07/2019 HJ 8 P. 6
March 7, 2019: Amendment # 2019-0573h: AA VV 03/07/2019 HJ 8 P. 6
March 7, 2019: Committee Report: Ought to Pass with Amendment # 2019-0573h for 03/07/2019 (Vote 20-0; CC) HC 14 P. 4
: Committee Report: Ought to Pass with Amendment # 2019-0573h (Vote 20-0; CC)
Feb. 20, 2019: Executive Session: 02/20/2019 11:00 am LOB 308
Feb. 19, 2019: Subcommittee Work Session: 02/19/2019 09:45 am LOB 308
Feb. 12, 2019: Subcommittee Work Session: 02/12/2019 10:00 am LOB 308
Jan. 29, 2019: Public Hearing: 01/29/2019 10:30 am LOB 308
Jan. 3, 2019: Introduced 01/03/2019 and referred to Election Law HJ 3 P. 18