CHAPTER 276
SB 364 - FINAL VERSION
05/26/2022 2101EBA
2022 SESSION
22-3020
11/10
SENATE BILL 364
AN ACT relative to the use of electronic poll books.
SPONSORS: Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4; Sen. Sherman, Dist 24; Sen. Rosenwald, Dist 13; Sen. Whitley, Dist 15; Sen. Soucy, Dist 18; Sen. Kahn, Dist 10; Sen. Cavanaugh, Dist 16; Sen. Prentiss, Dist 5; Rep. Hamblet, Rock. 31
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill extends the time requirement for markup of a backup checklist in the use of electronic poll books.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/26/2022 2101EBA 22-3020
11/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the use of electronic poll books.
Be it Enacted by the Senate and House of Representatives in General Court convened:
276:1 Elections; Electronic Poll Books; Backup Checklist. Amend RSA 652:27, I to read as follows:
I. Cities and towns are hereby authorized to use electronic poll book devices for voter registration and check-in for elections, provided that any city or town using electronic poll book devices shall comply with all statutes directly or indirectly related to voter checklists and maintenance of the statewide centralized voter registration database including the processes related to voter registration, voter check-in and check-out, the processing of absentee ballots, the collection of all fields of data required for registration or check-in, and the delivery of that data to the secretary of state in a format compatible with the statewide centralized voter registration database. The provisions of RSA 654:34, RSA 659:55, RSA 659:13, RSA 659:14, and RSA 659:23, as they relate to manual entries on a paper checklist, are hereby waived in order to accommodate an electronic poll book, provided the same information required of the voter is obtained and recorded by the electronic poll book, and can be retrieved and/or printed at any time including during an election. In addition, nonpublic data related to individual voter data shall remain confidential, and no voter data shall be released or retained by an electronic poll book vendor, including its agents, or any company or individual that provides software, hardware, or services to the vendor for any purpose. An electronic poll book vendor shall not have access to any voter data except as specifically necessary to setup, maintain, or train for an electronic poll book program authorized under RSA 652:27. Adequate back-up systems shall be in place as determined by the local election officials for local elections and the secretary of state for all other elections. A back-up system shall include a "real time" download or accurate account of voters who have checked in or registered on the day of the election. The electronic poll book shall have the ability to generate a paper voter checklist completely marked to reflect participation in the election up to the time of any system failure or malfunction, and sufficient number of high speed printers shall be available in the polling place to produce a back-up paper checklist for use in the event of a system failure, or a paper checklist shall be marked in parallel with the electronic poll book reflecting the real time check-in of voters with a lag time of no more than [10] 30 minutes. A marked checklist shall be printed upon the completion of every election along with any reports required by statute and shall be retained by the clerk.
276:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 24, 2022
Effective Date: August 23, 2022
| Date | Body | Type |
|---|---|---|
| Jan. 12, 2022 | Senate | Hearing |
| Jan. 27, 2022 | Senate | Floor Vote |
| Senate | Floor Vote | |
| Feb. 3, 2022 | Senate | Floor Vote |
| April 6, 2022 | House | Hearing |
| April 8, 2022 | House | Exec Session |
| House | Floor Vote |
June 28, 2022: Signed by the Governor on 06/24/2022; Chapter 0276; Effective 08/23/2022
June 15, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
June 15, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
June 15, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
June 15, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
June 9, 2022: Enrolled Bill Amendment # 2022-2101e Adopted, VV, (In recess of 05/26/2022); SJ 13
June 9, 2022: Enrolled Bill Amendment # 2022-2101-EBA: AA VV (in recess of) 05/26/2022
May 4, 2022: Ought to Pass: MA VV 05/04/2022 HJ 11
April 19, 2022: Committee Report: Ought to Pass (Vote 20-0; CC)
April 19, 2022: Executive Session: 04/08/2022 01:00 pm LOB 306-308
March 30, 2022: Public Hearing: 04/06/2022 10:00 am LOB 306-308
March 23, 2022: Introduced 03/17/2022 and referred to Election Law
Feb. 3, 2022: Ought to Pass: MA, VV; OT3rdg; 02/03/2022; SJ 2
Jan. 26, 2022: Committee Report: Ought to Pass, 02/03/2022; SC 5
Jan. 13, 2022: Committee Report: Ought to Pass
Jan. 12, 2022: Committee Report: Ought to Pass, 01/27/2022; SC 4
Dec. 21, 2021: Hearing: 01/12/2022, Room 103, SH, 02:00 pm; SC 50
Dec. 17, 2021: To Be Introduced 01/05/2022 and Referred to Election Law and Municipal Affairs; SJ 1