Revision: March 16, 2020, 11:01 a.m.
HB 1651-FN - AS AMENDED BY THE HOUSE
12Mar2020... 0790h
2020 SESSION
20-2559
11/04
HOUSE BILL 1651-FN
AN ACT relative to prisoners' voting rights.
SPONSORS: Rep. Andrew Bouldin, Hills. 12; Rep. Query, Hills. 16; Rep. Kenney, Straf. 6; Rep. Klein-Knight, Hills. 11; Rep. Conley, Straf. 13; Rep. Amanda Bouldin, Hills. 12; Rep. Bixby, Straf. 17; Rep. Nutting-Wong, Hills. 32; Rep. Bouchard, Hills. 11
COMMITTEE: Election Law
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AMENDED ANALYSIS
This bill amends the absentee voting affidavits to make clear that certain persons confined to penal institutions may vote by absentee ballot.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Mar2020... 0790h 20-2559
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to prisoners' voting rights.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Voters and Checklists; Voters Confined in Penal Institutions. Amend RSA 654:2-a, III to read as follows:
III. In completing a voter registration form, as specified in RSA 654:7, or an absentee ballot application, as specified in RSA 657:4, I, a person confined in a penal institution shall list the address of his or her domicile in the address section, and the address of the penal institution in the mailing address section.
2 Absentee Voting; Absentee Ballots and Related Materials; Absence, Religious Observance, and Disability. Amend RSA 657:7, II(a) 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 am confined to a penal institution for a misdemeanor or while awaiting trial, 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.
3 Effective Date. This act shall take effect 60 days after its passage.
20-2559
Revised 1/8/20
HB 1651-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to prisoners' voting rights.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill adds language to the state absentee ballot voting application form and absentee voting affidavits to specify an individual is absent on the day of election from their place of domicile due to confinement in a penal institution for a misdemeanor or awaiting trial.
The Department of State indicates the bill may increase the length of various forms related to obtaining an absentee ballot. Any increased printing cost for such ballots would be absorbed within the Department's budget.
The Department of Corrections and New Hampshire Association of Counties indicate this bill has no fiscal impact on their operations. However this bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2021 | FY 2022 |
Class A Misdemeanor | $77 | $79 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2021 and FY 2022 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. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $120 | $105 to $120 |
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.
It is assumed this bill will have no fiscal impact until FY 2021.
AGENCIES CONTACTED:
Judicial Branch, Departments of State, Corrections and Justice, Judicial Council, and New Hampshire Association of Counties