Bill Text - SB630 (2020)

Relative to removing names from the voter checklist.


Revision: March 5, 2020, 12:48 p.m.

SB 630-FN - AS AMENDED BY THE SENATE

 

03/05/2020   0763s

2020 SESSION

20-2788

11/03

 

SENATE BILL 630-FN

 

AN ACT relative to removing names from the voter checklist.

 

SPONSORS: Sen. Chandley, Dist 11; Sen. Morgan, Dist 23; Sen. Fuller Clark, Dist 21; Rep. M. Murray, Hills. 22; Rep. Panasiti, Hills. 22; Rep. Radhakrishnan, Hills. 22; Rep. Dargie, Hills. 23; Rep. Williams, Hills. 4

 

COMMITTEE: Election Law and Municipal Affairs

 

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

 

ANALYSIS

 

This bill clarifies the circumstances under which the supervisors of the checklist may remove a person from the checklist without sending notice by mail.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2020   0763s 20-2788

11/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to removing names from the voter checklist.

 

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

 

1  Voters and Checklists; Request to Correct the Checklist.  Amend RSA 654:36-a to read as follows:

654:36-a  Request to Correct the Checklist.  

I.  A supervisor of the checklist, the town or city clerk, or any other person, may submit a request for correction of the checklist to the supervisors of the checklist or to the town or city clerk based upon evidence that a person listed on the checklist is not qualified as a voter in the town or ward.  Such a request may be submitted in person, in writing, by telephone, by email, or by any other means.  The clerk shall forward requests for correction of the checklist along with any supporting documentation to the supervisors of the checklist.  At the next session of the supervisors, they shall examine the requests and determine whether or not it is more likely than not that the person's qualifications are in doubt.

II.  If the supervisors of the checklist determine that it is more likely than not that the person's qualifications are in doubt, they shall send a notice to the person and afford the person at least 30 days to provide proof of his or her qualifications.  If the person fails to respond to the 30-day notice or responds but fails to provide proof that establishes that it is more likely than not that the person is qualified to vote in the town or ward, the person's name shall be removed from the checklist.  The supervisors of the checklist shall retain a copy of the notice in accordance with RSA 33-A:3-a.

III.  When the supervisors determine that any of the following evidence, received from a reliable source, establishes that it is more likely than not that the voter is no longer a qualified voter in the town or ward, they may remove the voter from the checklist and shall not be required to send the notice described in paragraph II, provided that the supervisors shall file and preserve a copy of the evidence with the voter's voter registration form:

(a)  A publicly published obituary, including an obituary published on a funeral home website;

(b)  A statement signed by a family member of the voter confirming the voter has died; or

(c)  A statement signed by a family member who is a registered voter in the town or city confirming that the voter has permanently moved away from the town or city.

2  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[, 654:37, or] through RSA 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.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-2788

1/3/20

 

SB 630-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to removing names from the voter checklist.

 

FISCAL IMPACT:      [    ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

LOCAL:

FY 2020

FY 2021

FY 2022

FY 2023

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

 

METHODOLOGY:

This bill modifies the circumstances under which the supervisors of the checklist may remove a name from the checklist.  The Department of State indicates this adjustment to the process may require training of local election officials, which could be incorporated into the existing training provided by the Department at no additional cost.  The Municipal Association states there may be a small but indeterminable reduction in local expenditures.  This reduction is due to the added provision allowing the supervisors of the checklist to remove a voter's name from the checklist without notification by mail to such person if the person previously notified the supervisors that he or she moved out of the town or ward.  The number of such instances will vary by municipality.  There should be no impact on municipal revenues.

 

It is assumed any fiscal impact from this bill will not occur until FY 2021.

 

AGENCIES CONTACTED:

Department of State and New Hampshire Municipal Association