SB 695-FN - AS INTRODUCED
2020 SESSION
20-2988
11/06
SENATE BILL 695-FN
AN ACT relative to sharing voter registration information.
SPONSORS: Sen. Levesque, Dist 12; Sen. Sherman, Dist 24; Rep. Porter, Hills. 1; Rep. Komi, Hills. 43
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill repeals the authorization of the secretary of state to enter into an agreement to share voter information and data through the Interstate Voter Registration Crosscheck Program and requires the secretary of state to enter into an agreement with the Electronic Registration Information Center to share voter information or data from the statewide centralized voter registration database.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2988
11/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to sharing voter registration information.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal. 2016, 175:2, relative to the Interstate Voter Registration Crosscheck Program, is repealed.
2 Centralized Voter Registration Database; Electronic Registration Information Center. Amend RSA 654:45, VIII(a) and (c) to read as follows:
(a) The secretary of state [may] shall enter into an agreement with the Electronic Registration Information Center to share voter information or data from the statewide centralized voter registration database along with voter information or data from the department of motor vehicles, other state agencies, the secretary of state, and political subdivisions as necessary for the purpose of comparing duplicate voter information with other states or groups of states. Such agreement shall be effective no later than June 30, 2020, and the secretary of state shall ensure that New Hampshire remains in good standing with the Electronic Registration Information Center. The secretary of state shall only provide information that is necessary for matching duplicate voter information with other states and shall take precautions to make sure that information in the database is secure in a manner consistent with RSA 654:45, VI. The secretary of state may solicit input from the department of safety and the department of information technology and shall ensure that any information or data shared between the agencies is protected by security processes and protocols, and that any information or data that is of a confidential nature remains confidential.
(b) The secretary of state shall investigate any duplicate matches of voters resulting from any comparisons of the statewide centralized voter registration database and other voter information or data with other states. If the investigation results in the inability to confirm the eligibility of a person or persons who voted, or there is reason to believe a person or persons voted who were not eligible, the secretary of state shall forward the results to the attorney general for further investigation or prosecution.
(c) Upon the effective date of subparagraph (a), the secretary of state shall cease any activity or data transfer with the Kansas-based Interstate Voter Registration Crosscheck Program.
(d) Upon completion of any investigation authorized under RSA 654:45, VIII(b), the attorney general and the secretary of state shall forward a report summarizing the results of the investigation to the speaker of the house of representatives, the president of the senate, and the chairpersons of the appropriate house and senate standing committees with jurisdiction over election law.
(e) The secretary of state shall ensure that all information in the statewide database remains secure.
(f) The secretary of state shall solicit input from the department of information technology and any other relevant departments to ensure that any information or data collected and shared pursuant to this paragraph is protected by up-to-date security processes and protocols and that any such information or data that is of a confidential nature remains confidential.
3 New Paragraph; Administration of Motor Vehicle Laws; Records and Certification. Amend RSA 260:14 by inserting after paragraph III-d the following new paragraph:
III-e. Voter information and data contained in motor vehicle records shall be provided to the secretary of state pursuant to RSA 654:45, VIII. This information and data may be further transferred or otherwise made available to programs or organizations pursuant to RSA 654:45, VII(a).
4 Funding. Funding for implementation of section 2 of this act shall be provided by grants received pursuant to the 2018 Help America Vote Act Election Security Award and section 101 of the Help America Vote Act of 2002, Public Law 107-252.
5 Effective Date. This act shall take effect 60 days after its passage.
20-2988
1/7/20
SB 695-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to sharing voter registration information.
FISCAL IMPACT: [ X ] State [ ] 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 | In Excess of $50,000 | In Excess of $45,000 | In Excess of $45,000 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Election Fund (RSA 5:6-d) | |||
METHODOLOGY:
This bill removes the authority of the Secretary of State to participate in the Kansas-based Interstate Voter Registration Crosscheck Program as granted by Chapter 175:2, Laws of 2016. The Secretary of State shall enter into an agreement with the Electronic Information Center to share voter information or data from the statewide centralized voter database, along with voter information or data from the Department of Motor Vehicles, other state agencies, the Secretary of State and political subdivisions as necessary for the purpose of comparing duplicate voter information with other states. Such agreement shall be effective no later than June 30, 2020. Funding for this program participation shall be provided by grants received pursuant to the 2018 Help America Vote Act (HAVA) Election Security Award and section 101 of the HAVA Act of 2002, Public Law 107-252. The Secretary of State shall ensure the security of information in the statewide voter database and shall solicit input from the Department of Information Technology and any other relevant department to ensure that information or data collected and shared is protected and that confidential data remains confidential. The Department of Safety is required to provide motor vehicle records as necessary and such data may be further transferred or otherwise made available to programs or organizations as specified.
The Department of State indicates the initiation fee for participation in the Electronic Registration Information Center (ERIC) is estimated at approximately $25,000 with annual renewal costs of approximately $20,000. Voters identified through ERIC would be sent a letter with information on how to register to vote. Assuming 25,000 potential new voters with a mailing cost of $1.00, including postage, this would require an additional $25,000 expenditure. Obtaining motor vehicle data would require one-time software upgrades and ongoing maintenance with an indeterminable cost. The Election Fund would be used to provide funding at an indeterminable level, and the depletion of federal money in this fund for this purpose may necessitate that the general fund cover any future shortfall.
The Department of State is required to solicit input from the Department of Information Technology (DOIT). DOIT cannot determine the number of employees or the number of hours that would be needed to provide the requested input, so the fiscal impact on the department is indeterminable.
The Department of Safety indicates there is no fiscal impact to the department because it currently shares data with the Secretary of State's Office.
It is assumed any fiscal impact from this bill will not occur until FY 2021.
AGENCIES CONTACTED:
Departments of State, Information Technology and Safety
| Date | Body | Type |
|---|---|---|
| Feb. 19, 2020 | Senate | Hearing |
| March 12, 2020 | Senate | Floor Vote |
| March 11, 2020 | Senate | Floor Vote |
| March 11, 2020 | Senate | Floor Vote |
: Died on Table
June 30, 2020: Introduced and Laid on Table MA VV 06/30/2020 HJ 10 P. 6
March 12, 2020: Ought to Pass: RC 14Y-10N, MA; OT3rdg; 03/12/2020; SJ 7
March 12, 2020: Special Order to 03/12/2020, Without Objection, MA; 03/11/2020 SJ 6
March 12, 2020: Committee Report: Ought to Pass, 03/12/2020; SC 10
March 11, 2020: Committee Report: Ought to Pass, 03/11/2020; SC 10
Feb. 19, 2020: Hearing: 02/19/2020, Room 102, LOB, 10:00 am; SC 7
Jan. 8, 2020: Introduced 01/08/2020 and Referred to Election Law and Municipal Affairs; SJ 2