CHAPTER 331
HB 593 - FINAL VERSION
7Mar2019... 0473h
05/23/2019 2038s
27Jun2019... 2675-EBA
2019 SESSION
19-0667
11/05
HOUSE BILL 593
SPONSORS: Rep. Gay, Rock. 8; Rep. McBride, Rock. 8
COMMITTEE: Election Law
─────────────────────────────────────────────────────────────────
AMENDED ANALYSIS
This bill outlines procedures that supervisors of the checklist must follow when they receive informal reports that a voter has died or has changed address. The bill also expands the exemption for certain voter information under the New Hampshire right to know law.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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... 0473h
05/23/2019 2038s
27Jun2019... 2675-EBA 19-0667
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
331:1 New Sections; Unofficial Reports of Death. Amend RSA 654 by inserting after section 37 the following new sections:
654:37-a Unofficial Reports of Death. If the supervisors of the checklist learn of the death of a voter but do not receive notice as outlined in RSA 654:37, they shall mail to the last known address of the voter a 30-day letter specifically for updating the checklist upon the death of a voter. Such letter shall include the contact information for the supervisors of the checklist to which a response may be sent. If there is no response within 30 days, the supervisors will remove that voter’s name from the checklist. If there is a response confirming the death within 30 days, the supervisors may remove the voter’s name upon receipt of the confirmation of death.
331:2 Voters and Checklists; Removing Names from the Checklist; Notice Required. Amend RSA 654:44, II to read as follows:
II. The provisions of this section do not apply to the removal of the names of persons for whom the supervisors have received a report of transfer or death as provided in RSA 654:36, [or] 654:37, or 654:37-a, nor to the removal of names during the period for verification of the checklist as provided in RSA 654:38 or 654:39, nor to the removal of names of persons for whom they have received a notice from a duly authorized board of registration from a community outside New Hampshire stating that a person whose name is on the checklist of the town or ward in New Hampshire has registered to vote outside New Hampshire.
331:3 Voters and Checklists; 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 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, domicile affidavits, affidavit of religious exemption, [and] application for absentee ballot, and contact information, including but not limited to a phone number and email address, provided to the secretary of state or other election officials for the purpose of receiving information about elections 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.
331:4 Voters and Checklists; 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 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 and domicile affidavits, affidavit of religious exemption, [and] application for absentee ballot, and contact information, including but not limited to a phone number and email address, provided to the secretary of state or other election officials for the purpose of receiving information about elections 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 and domicile 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 or domicile 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 and domicile 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.
331:5 Contingency; HB 105-FN. If HB 105-FN of the 2019 regular legislative session becomes law, section 4 of this act shall take effect at 12:01 a.m. on the date that HB 105-FN takes effect and section 3 of this act shall not take effect. If HB 105-FN does not become law, section 3 of this act shall take effect 60 days after its passage and section 4 of this act shall not take effect.
331:6 Effective Date.
I. Sections 3 and 4 of this act shall take effect as provided in section 5 of this act.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: August 16, 2019
Effective Date:
I. Sections 3 and 4 shall take effect as provided in section 5.
II. Remainder shall take effect October 15, 2019.
| Date | Body | Type |
|---|---|---|
| Jan. 30, 2019 | House | Hearing |
| Feb. 13, 2019 | House | Exec Session |
| Feb. 20, 2019 | House | Exec Session |
| House | Floor Vote | |
| March 7, 2019 | House | Floor Vote |
| May 16, 2019 | Senate | Hearing |
| May 23, 2019 | Senate | Floor Vote |
Aug. 16, 2019: Signed by Governor Sununu 08/16/2019; Chapter 331; I. Sec. 3 & 4 Eff: as provided in Sec. 5 II. Rem. Eff: 10/15/2019
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 59
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019: Enrolled Bill Amendment # 2019-2675e: AA VV 06/27/2019 HJ 20 P. 58
June 27, 2019: Enrolled Bill Amendment # 2019-2675e Adopted, VV, (In recess of 06/27/2019); SJ 21
June 13, 2019: House Concurs with Senate Amendment 2038s (Rep. Moynihan): MA VV 06/13/2019 HJ 19 P. 3
May 23, 2019: Ought to Pass with Amendment 2019-2038s, MA, VV; OT3rdg; 05/23/2019; SJ 17
May 23, 2019: Committee Amendment # 2019-2038s, AA, VV; 05/23/2019; SJ 17
May 23, 2019: Committee Report: Ought to Pass with Amendment # 2019-2038s, 05/23/2019; Vote 5-0; CC; SC 23
May 16, 2019: Hearing: 05/16/2019, Room 102, LOB, 11:00 am; SC 22
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 2019-0473h: MA VV 03/07/2019 HJ 8 P. 6
March 7, 2019: Amendment # 2019-0473h: AA VV 03/07/2019 HJ 8 P. 6
: Committee Report: Ought to Pass with Amendment # 2019-0473h (Vote 20-0; CC)
March 7, 2019: Committee Report: Ought to Pass with Amendment # 2019-0473h for 03/07/2019 (Vote 20-0; CC) HC 14 P. 4
Feb. 20, 2019: ==CONTINUED== Executive Session: 02/20/2019 11:00 am LOB 308
Feb. 13, 2019: ==RECESSED== Executive Session: 02/13/2019 11:00 am LOB 308
Jan. 30, 2019: Public Hearing: 01/30/2019 11:00 am LOB 308
Jan. 3, 2019: Introduced 01/03/2019 and referred to Election Law HJ 3 P. 21