CHAPTER 175
SB 31 - FINAL VERSION
02/04/2021 0159s
3Jun2021... 1486h
06/24/2021 1947CofC
2021 SESSION
21-1043
11/04
SENATE BILL 31
AN ACT relative to voter checklists and modifying the absentee ballot affidavit.
SPONSORS: Sen. Gray, Dist 6; Sen. Ward, Dist 8; Rep. Lang, Belk. 4
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill modifies the actions required to be taken by supervisors of the checklist upon adding applicants to the checklist, requires the secretary of state to provide certain voter information to chief elections officers in other states, and modifies the absentee ballot affidavit.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/04/2021 0159s
3Jun2021... 1486h
06/24/2021 1947CofC 21-1043
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to voter checklists and modifying the absentee ballot affidavit.
Be it Enacted by the Senate and House of Representatives in General Court convened:
175:1 General Voter Registration; Action by Supervisors. Amend RSA 654:13 to read as follows:
654:13 Action by Supervisors.
I. If the supervisors decide to add the name of the applicant to the checklist, then they shall retain the original of the registration form for their own file, which shall be retained in accordance with RSA 33-A:3-a[, forward one copy to the supervisors of the checklist of the city or town of the applicant's last voting address if said address is in the state of Vermont, Maine, Massachusetts, Connecticut, or Rhode Island, and send another copy to the clerk of their town or city]. If the applicant entered a place last registered to vote on the voter registration form, the supervisors shall enter that data into the statewide centralized voter registration database. Upon entry of the voter record in the statewide centralized voter registration database, the supervisors of the checklist in another New Hampshire city or town will receive notice through the statewide centralized voter registration database that the voter has moved.
II. If the supervisors decide not to add the name of the applicant to the checklist, they shall send notification in writing to the applicant within 7 days stating the reason for the denial. They shall write the word "REJECTED" and the date of rejection across the registration form. They shall retain the original registration form and a copy of the denial notification in accordance with RSA 33-A:3-a.
III. The secretary of state shall provide information on individuals who report being previously registered to vote out of state to the chief elections officer of that state. The secretary of state may use secure electronic information transfer. The secretary of state shall pursue establishing routine secure electronic transfers of this information between states. When electronic information transfer from another state occurs the supervisors of the checklist where the person is registered in New Hampshire will receive notice through the statewide centralized voter registration database that the voter has registered in another state. Unless the supervisors possess evidence that the notice is inaccurate, they shall remove the voter from the checklist as provided in RSA 654:36.
175:2 Absentee Affidavit Envelopes. Amend RSA 657:7, II to read as follows:
II. Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the following:
[(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 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.
(b) Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability 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 observing a religious commitment which prevents me from voting in person or that on account of physical disability I am 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).
(Signature) ____________________
The signature on this affidavit must appear to be executed by the same person who signed the absentee ballot application.]
YOUR COMPLTED ABSENTEE BALLOT MUST BE SEALED IN THIS ENVELOPE
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.
One of the following applies to me:
1) I will be absent on election day. Absence includes:
a) I will be out-of-town on election day.
b) I will be unable to vote in person because I will be working.
c) I will be unable to vote in person because I will be caring for children or infirm adults, with or without compensation.
d) I am voting absentee on the Monday immediately before the election, the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning that applies to my town/ward, and I have concerns for traveling in the storm.
2) I am unable to vote in person due to disability.
3) I am unable to vote in person due to observance of a religious commitment, which prevents me from voting in person.
I have carefully read or had read to me the absentee voting instructions. I personally marked the absentee ballot enclosed in this envelope or, due to a disability, I had assistance in marking the absentee ballot.
Voter Signature__________________
A person assisting a [disabled or blind] voter with a disability shall [make and] sign [a] this statement on this envelope [in the space provided] acknowledging the assistance. [The moderator will not compare the voter's signature on this affidavit with the signature on the absentee ballot application when a person assisting the voter has signed the statement on the affidavit that assistance was provided.]
I attest that I assisted (print voter name) ________________________ because the voter is a person with a disability. I marked the ballot and/or this form as instructed by the voter.
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.
175:3 Absentee Affidavit Envelopes. Amend RSA 657:7, II to read as follows:
II. Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the following:
[(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.
(b) Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability 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 observing a religious commitment which prevents me from voting in person or that on account of physical disability I am 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).
(Signature) ____________________
The signature on this affidavit must appear to be executed by the same person who signed the absentee ballot application.]
YOUR COMPLETED ABSENTEE BALLOT MUST BE SEALED IN THIS ENVELOPE
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.
One of the following applies to me:
1) I will be absent on election day. Absence includes:
a) I will be out-of-town on election day.
b) I will be unable to vote in person because I will be working.
c) I will be unable to vote in person because I will be caring for children or infirm adults, with or without compensation.
d) I am voting absentee on the Monday immediately before the election, the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning that applies to my town/ward, and I have concerns for traveling in the storm.
2) I am unable to vote in person due to disability.
3) I am unable to vote in person due to observance of a religious commitment, which prevents me from voting in person.
4) I am confined to a penal institution for a misdemeanor or while awaiting trial.
I have carefully read or had read to me the absentee voting instructions. I personally marked the absentee ballot enclosed in this envelope or, due to a disability, I had assistance in marking the absentee ballot.
Voter Signature__________________
A person assisting a [disabled or blind] voter with a disability shall [make and] sign [a] this statement on this envelope [in the space provided] acknowledging the assistance. [The moderator will not compare the voter's signature on this affidavit with the signature on the absentee ballot application when a person assisting the voter has signed the statement on the affidavit that assistance was provided.]
I attest that I assisted (print voter name) ________________________ because the voter is a person with a disability. I marked the ballot and/or this form as instructed by the voter.
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.
175:4 Contingency. If HB 555 of the 2021 legislative session becomes law, then section 3 of this act shall take effect at 12:01 a.m. on the effective date of HB 555 and section 2 of this act shall not take effect. If HB 555 does not become law, then section 3 of this act shall not take effect and section 2 of this act shall take effect 60 days after its passage.
I. Sections 2 and 3 of this act shall take effect as provided in section 4 of this act.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: July 30, 2021
Effective Date:
I. Sections 2-3 shall take effect as provided in section 4.
II. Remainder shall take effect September 28, 2021.
| Date | Body | Type |
|---|---|---|
| Jan. 21, 2021 | Senate | Hearing |
| Feb. 4, 2021 | Senate | Floor Vote |
| March 31, 2021 | House | Hearing |
| May 5, 2021 | House | Exec Session |
| May 19, 2021 | House | Exec Session |
| House | Floor Vote | |
| June 10, 2021 | House | Floor Vote |
| June 24, 2021 | House | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| Jan. 21, 2021 | Senate | Hearing |
| Feb. 4, 2021 | Senate | Floor Vote |
| March 31, 2021 | House | Hearing |
| May 5, 2021 | House | Exec Session |
| May 19, 2021 | House | Exec Session |
| June 10, 2021 | House | Floor Vote |
| June 24, 2021 | House | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
: II. Remainder Effective 09/28/2021
Aug. 3, 2021: II. Remainder Effective 09/28/2021
: II. Remainder Effective 09/28/2021
: I. Sections 2 & 3 Effective as provided in Section 4
Aug. 3, 2021: I. Sections 2 & 3 Effective as provided in Section 4
July 30, 2021: Signed by the Governor on 07/30/2021; Chapter 0175
July 30, 2021: Signed by the Governor on 07/30/2021; Chapter 0175
Aug. 3, 2021: Signed by the Governor on 07/30/2021; Chapter 0175
: Enrolled (in recess of) 06/24/2021
July 15, 2021: Enrolled (in recess of) 06/24/2021
June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
July 15, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 24, 2021: Conference Committee Report # 2021-1947c, Adopted, VV; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report # 2021-1947c, Adopted, VV; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report 2021-1947c: Adopted, DV 203-170 06/24/2021
June 24, 2021: Conference Committee Report 2021-1947c: Adopted, DV 203-170 06/24/2021 HJ 11 P. 5
June 10, 2021: Conference Committee Report # 2021-1947c Filed 06/10/2021; House Amendment + New Amendment
June 16, 2021: Conference Committee Report # 2021-1947c Filed 06/10/2021; House Amendment + New Amendment
June 11, 2021: Committee of Conference Meeting: 06/14/2021, 11:00 a.m., Room Senate Chamber, SH
June 14, 2021: Committee of Conference Meeting: 06/14/2021, 11:00 a.m., Room Senate Chamber, SH
June 10, 2021: Speaker Appoints: Reps. Sweeney, Hayward, Mooney, Prudhomme-O'Brien 06/10/2021 HJ 10 P. 15
June 10, 2021: Speaker Appoints: Reps. Sweeney, Hayward, Mooney, Prudhomme-O'Brien 06/10/2021 HJ 10 P. 15
June 10, 2021: House Accedes to Senate Request for CofC (Rep. B. Griffin): MA VV 06/10/2021 HJ 10 P. 15
June 10, 2021: House Accedes to Senate Request for CofC (Rep. B. Griffin): MA VV 06/10/2021 HJ 10 P. 15
June 10, 2021: President Appoints: Senators Gray, Birdsell, Perkins Kwoka; 06/10/2021;
June 10, 2021: President Appoints: Senators Gray, Birdsell, Perkins Kwoka; 06/10/2021;
June 10, 2021: President Appoints: Senators Birdsell, Gray, Perkins Kwoka; 06/10/2021; SJ 19
June 10, 2021: Sen. Gray Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 06/10/2021; SJ 19
June 10, 2021: Sen. Gray Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 06/10/2021; SJ 19
June 3, 2021: Ought to Pass with Amendment 2021-1486h: MA DV 214-162 06/03/2021 HJ 8 P. 135
June 3, 2021: Ought to Pass with Amendment 2021-1486h: MA DV 214-162 06/03/2021 HJ 8 P. 135
June 3, 2021: Amendment # 2021-1486h: AA VV 06/03/2021 HJ 8 P. 135
June 3, 2021: Amendment # 2021-1486h: AA VV 06/03/2021 HJ 8 P. 135
: Minority Committee Report: Inexpedient to Legislate
May 26, 2021: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass with Amendment # 2021-1486h (Vote 14-6; RC) HC 26 P. 21
May 26, 2021: Majority Committee Report: Ought to Pass with Amendment # 2021-1486h (Vote 14-6; RC) HC 26 P. 21
May 12, 2021: Executive Session: 05/19/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/99392215410
May 19, 2021: Executive Session: 05/19/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/99392215410
May 5, 2021: Full Committee Work Session: 05/05/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/98783397971 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
April 29, 2021: Full Committee Work Session: 05/05/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/98783397971 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
March 25, 2021: Public Hearing: 03/31/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/95912119642 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
March 31, 2021: Public Hearing: 03/31/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/95912119642 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Feb. 25, 2021: Introduced (in recess of) 02/25/2021 and referred to Election Law HJ 4 P. 48
March 10, 2021: Introduced (in recess of) 02/25/2021 and referred to Election Law HJ 4 P. 48
Feb. 4, 2021: Ought to Pass with Amendment 2021-0159s, RC 23Y-1N, MA; OT3rdg; 02/04/2021; SJ 3
Feb. 4, 2021: Ought to Pass with Amendment 2021-0159s, RC 23Y-1N, MA; OT3rdg; 02/04/2021; SJ 3
Feb. 4, 2021: Committee Amendment # 2021-0159s, RC 23Y-1N, AA; 02/04/2021; SJ 3
Feb. 4, 2021: Committee Amendment # 2021-0159s, RC 23Y-1N, AA; 02/04/2021; SJ 3
Jan. 28, 2021: Committee Report: Ought to Pass with Amendment # 2021-0159s, 02/04/2021; Vote 5-0; CC; SC 9
Feb. 4, 2021: Committee Report: Ought to Pass with Amendment # 2021-0159s, 02/04/2021; Vote 5-0; CC; SC 9
Jan. 13, 2021: Remote Hearing: 01/21/2021, 09:10 am; Links to join the hearing can be found in the Senate Calendar; SC 7
Jan. 21, 2021: Remote Hearing: 01/21/2021, 09:10 am; Links to join the hearing can be found in the Senate Calendar; SC 7
Jan. 6, 2021: Introduced 01/06/2021 and Referred to Election Law and Municipal Affairs; SJ 3
Jan. 12, 2021: Introduced 01/06/2021 and Referred to Election Law and Municipal Affairs; SJ 3