Revision: Feb. 19, 2020, 9:52 a.m.
SB 751 - AS INTRODUCED
2020 SESSION
20-3133
11/05
SENATE BILL 751
AN ACT relative to addresses used by domestic violence victims to register to vote.
SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Chandley, Dist 11; Sen. Dietsch, Dist 9; Sen. Bradley, Dist 3; Sen. Kahn, Dist 10; Rep. M. Smith, Straf. 6; Rep. Cushing, Rock. 21; Rep. Komi, Hills. 43
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill allows victims of domestic violence to register to vote without a town or city clerk entering such voters' domicile addresses into the voter 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-3133
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to addresses used by domestic violence victims to register to vote.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Voter Registration; Voter Registration Form. Amend RSA 654:7, II to read as follows:
II. The applicant shall be required to produce appropriate proof of qualifications as provided in RSA 654:12 and fill out the form as prescribed in paragraph IV; provided that victims of domestic violence who are registering to vote in person and who produce adequate proof of qualifications as provided in RSA 654:12 shall not be required to enter their domicile address on the form as prescribed in paragraph IV. Victims of domestic violence who are enrolled in the address confidentiality program overseen by the attorney general pursuant to RSA 7:41 et seq. may enter the address designated by the attorney general on the voter registration form.
2 Voter Registration; Voter Registration Form. Amend RSA 654:7, IV(b) and (c) to read as follows:
(b) The secretary of state shall prescribe the form of the voter registration form to be used for voter registrations, transfers, or updates other than those used within 30 days of an election or at the polling place on election day, which shall be in substantially the following form:
___ NEW REGISTRATION I am not registered to vote in New Hampshire
___ TRANSFER I am registered to vote in New Hampshire and have moved my voting domicile to a new town or ward in New Hampshire
___ NAME CHANGE/ADDRESS UPDATE I am registered to vote in this town/ward and have changed my name/address
___ DOMESTIC VIOLENCE VICTIMS I certify that I am a victim of domestic violence and do not wish to have my domicile address entered into the voter database. I swear or affirm that the foregoing is true and correct to the best of my knowledge under penalties of law.
Date ____________________
VOTER REGISTRATION FORM
(Please print or type)
1. Name _____________________________________________________________________________
Last (suffix) First Full Middle Name
2. Domicile Address __________________________________________________________________
Street Ward Number
_____________________________________________________________________________________
Town or City Zip Code
3. Mailing Address if different than in 2 _______________________________________________
Street
_____________________________________________________________________________________
Town or City Zip Code
4. Place and Date of Birth ____________________________________________________________
Town or City State
Date___________________
5. Are you a citizen of the United States? Yes _____ No _____
If a naturalized citizen, give name of court where and date when naturalized
_____________________________________________________________________________________
6. Place last registered to vote _________________________________________________________
Street Ward Number
I am not currently registered to vote elsewhere (initial here __________), or I request that my name be removed as a registered voter in _______________________________________ (fill in your address where previously registered, street, city/town, state, and zip code)
7. Name under which previously registered, if different from above
______________________________________________________________________________________
8. Party Affiliation (if any) _____________________________________________________________
9. Driver's License Number _________________________State _____
If you do not have a valid driver's license, provide the last four digits of your social security number ______________
My name is ____________________. I am today registering to vote in the city/town of ____________________, New Hampshire. If a city, ward number __________.
I understand that to vote in this ward/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this ward/town.
I understand that a person can claim only one state and one city/town as his or her domicile at a time. A domicile is that place, to which upon temporary absence, a person has the intention of returning. By registering or voting today, I am acknowledging that I am not domiciled or voting in any other state or any other city/town.
In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.
If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a supervisor of the checklist is available to address my questions or concerns.
I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town, and, if registering on election day, that I have not voted and will not vote at any other polling place this election.
________________ ____________________________________________________________
Date Signature of Applicant
In accordance with RSA 659:34, the penalty for knowingly or purposely 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.
(c) The secretary of state shall prescribe the form of the voter registration form to be used only for voter registrations, transfers, or updates starting 30 days before each election and at the polling place on election day, which shall be in substantially the following form:
___ NEW REGISTRATION I am not registered to vote in New Hampshire
___ TRANSFER I am registered to vote in New Hampshire and have moved my voting domicile to a new town or ward in New Hampshire
___ NAME CHANGE/ADDRESS UPDATE I am registered to vote in this town/ward and have changed my name/address
___ DOMESTIC VIOLENCE VICTIMS REGISTERING PRIOR TO POLLING DAY I certify that I am a victim of domestic violence and do not wish to have my domicile address entered into the voter database. I swear or affirm that the foregoing is true and correct to the best of my knowledge under penalties of law.
Date registration form is submitted _______________
Date applicant moved to the address listed below as the voter's domicile __________
VOTER REGISTRATION FORM
FOR USE STARTING 30 DAYS BEFORE AN ELECTION AND AT THE POLLING PLACE ON ELECTION DAY
(Please print or type)
1. Name ______________________________________________________________________________
Last (suffix) First Full Middle Name
2. Domicile Address ____________________________________________________________________
Street Ward Number
_______________________________________________________________________________________
Town or City Zip Code
3. Mailing Address if different than in 2 _________________________________________________
Street
_______________________________________________________________________________________
Town or City Zip Code
4. Place and Date of Birth _______________________________________________________________
Town or City State
Date____________________
5. Are you a citizen of the United States? Yes _____ No _____
If a naturalized citizen, give name of court where and date when naturalized _____________________________________________________________________________________
6. Place last registered to vote _________________________________________________________
Street Ward Number
I am not currently registered to vote elsewhere (initial here __________), or I request that my name be removed as a registered voter in ______________________________ (fill in your address where previously registered, street, city/town, state, and zip code)
7. Name under which previously registered, if different from above
_______________________________________________________________________________________
8. Party Affiliation (if any)
9. Driver's License Number _________________________State ______
If you do not have a valid driver's license, provide the last four digits of your social security number __________
My name is ____________________. I am today registering to vote in the city/town of ____________________, New Hampshire. If a city, ward number __________.
I understand that to vote in this ward/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this ward/town.
I understand that a person can claim only one state and one city/town as his or her domicile at a time. A domicile is that place, to which upon temporary absence, a person has the intention of returning. By registering or voting today, I am acknowledging that I am not domiciled or voting in any other state or any other city/town.
In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.
If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a supervisor of the checklist is available to address my questions or concerns.
I understand that to make the address I have entered above my domicile for voting I must have an intent to make this the one place from which I participate in democratic self-government and must have acted to carry out that intent.
I understand that if I have documentary evidence of my intent to be domiciled at this address when registering to vote, I must either present it at the time of registration or I must place my initials next to one of the following [paragraph] paragraphs and mail a copy or present the document at the town or city clerk's office within 10 days following the election (30 days in towns where the clerk's office is open fewer than 20 hours weekly).
_____ By placing my initials next to this paragraph, I am acknowledging that I have not presented evidence of actions carrying out my intent to be domiciled at this address, that I understand that I must mail or personally present to the clerk's office evidence of actions carrying out my intent within 10 days following the election (or 30 days in towns where the clerk's office is open fewer than 20 hours weekly), and that I have received the document produced by the secretary of state that describes the items that may be used as evidence of a verifiable action that establishes domicile.
_____ By placing my initials next to this paragraph, I am acknowledging that I am a victim of domestic violence, that I do not wish to have my domicile address entered into the voter database, that I have not presented evidence of actions carrying out my intent to be domiciled within this town or ward, that I must personally present to the clerk's office evidence of actions carrying out my intent within 10 days following the election (or 30 days in towns where the clerk's office is open fewer than 20 hours weekly), and that I have received the document produced by the secretary of state that describes the items that may be used as evidence of a verifiable action that establishes domicile.
Failing to report and provide evidence of a verifiable action will prompt official mail to be sent to your domicile address by the secretary of state to verify the validity of your claim to a voting domicile at this address.
I understand that if I do not have any documentary evidence of my intent to be domiciled at this address, I must place my initials next to the following paragraph:
_____ By placing my initials next to this paragraph, I am acknowledging that I am aware of no documentary evidence of actions carrying out my intent to be domiciled at this address, that I will not be mailing or delivering evidence to the clerk's office, and that I understand that officials will be sending mail to the address on this form or taking other actions to verify my domicile at this address.
I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town, and, if registering on election day, that I have not voted and will not vote at any other polling place this election.
_________________ ________________________________________________________
Date Signature of Applicant
If this form is used in place of proof of identity, age, or citizenship, I hereby swear that such information is true and accurate to the best of my knowledge.
This form was executed for purposes of proving (applicant shall circle yes or no and initial each item):
Identity yes/no _____
(initials)
Citizenship yes/no _____
(initials)
Age yes/no _____
(initials)
_____________________________________ ____________________________________________
Applicant Election Official
_______________________________________________________________________________________
Notary Public/Justice of the Peace/Official Authorized by RSA 659:30
In accordance with RSA 659:34, the penalty for knowingly or purposely 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. In accordance with RSA 659:34-a voting in more than one state in the same election is a class B felony with a maximum sentence of imprisonment not to exceed 7 years and a fine not to exceed $4,000.
3 General Voter Registration; Determining Qualifications of Applicant. Amend RSA 654:12, I(a) and (b) to read as follows:
(a) CITIZENSHIP. The supervisors of the checklist, or the town or city clerk, shall accept from the applicant any one of the following as proof of citizenship: the applicant's birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, a qualified voter affidavit unless the voter is a victim of domestic violence and opts not to provide his or her domicile address, a sworn statement on the voter registration form used starting 30 days before an election and on election day, or any other reasonable documentation which indicates the applicant is a United States citizen. The qualified voter affidavit shall be in the following form, and shall be retained in accordance with RSA 33-A:3-a:
Date: ______________
QUALIFIED VOTER AFFIDAVIT (Identity, Citizenship, Age)
Name: ______________________________
Name at birth if different: ______________________________
Place of birth: ______________________________
Date of birth: ____________________
Date and Place of Naturalization: ______________________________
Domicile Address: ________________________________________
Mailing Address (if different): ________________________________________
Telephone number (requested but optional) ____________________
Email address (requested but optional) ____________________
I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am not in possession of some or all of the documents necessary to prove my identity, citizenship, and age and that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), that I am a United States citizen, that I am at least 18 years of age as of this date or will be at the next election, and that to the best of my knowledge and belief the information above is true and correct.
____________________________________________________________________________________________
(Signature of applicant)
In accordance with RSA 659:34, the penalty for knowingly or purposely 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.
On the date shown above, before me, ____________________ (print name of notary public, justice of the peace, election officer), appeared ____________________ (print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.
This affidavit was executed for purposes of proving (check all that apply):
[ ] Identity
[ ] Citizenship
[ ] Age
_____________________________________________________________________________________
Notary Public/Justice of the Peace/Official Authorized by RSA 659:30
(b) AGE. Any reasonable documentation indicating the applicant will be 18 years of age or older at the next election, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration and is not a victim of domestic violence opting not to provide his or her domicile address, a qualified voter affidavit, which shall be retained in accordance with RSA 33-A:3-a, or a sworn statement on the voter registration form used starting 30 days before an election and on election day.
4 Voter Registration; Determining Qualifications of Applicant. Amend the introductory paragraph of RSA 654:12, I, (c)(2)(B) to read as follows:
(B) A person registering within 30 days before an election or on election day who does not possess reasonable documentation of establishing domicile and has taken no verifiable action to carry out his or her intent to establish domicile at the address claimed on the voter registration application may, unless such person is a victim of domestic violence who does not wish to enter his or her domicile address into the voter database, nonetheless register to vote by initialing the paragraph on the registration form acknowledging that domicile may be verified. The supervisors of the checklist shall, as soon as practical following an election at which the person initials such paragraph to register and vote, attempt to verify that the person was domiciled at the address claimed on election day by means including, but not limited to:
5 Effective Date. This act shall take effect 60 days after its passage.