HB 1119 - AS AMENDED BY THE HOUSE
21Mar2024... 0767h
2024 SESSION
24-2533
08/10
HOUSE BILL 1119
AN ACT relative to absentee ballots.
SPONSORS: Rep. Prudhomme-O'Brien, Rock. 13
COMMITTEE: Election Law
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ANALYSIS
This bill makes provisions for procuring an absentee ballot during a weather emergency.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Mar2024... 0767h 24-2533
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to absentee ballots.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Elections; Forms; Absentee Voting. Amend RSA 657:4, I to read as follows:
I. Prior to any state election, the secretary of state shall prepare the appropriate application forms for absentee ballots worded in substantially the following form.
The secretary of state shall insert the names of all parties qualified as set forth in RSA 652:11 in the list of parties on the application form. The secretary of state shall prepare the application forms in such quantity as he or she deems necessary:
Absence (Excluding Absence Due to Residence Outside the United States), Religious Observance, and Disability:
I hereby declare that (check one):
_____ I am a duly qualified voter who is currently registered to vote in this town/ward.
_____ I am absent from the town/city where I am domiciled and will be until after the next election, or I am unable to register in person due to a disability, and request that the forms necessary for absentee voter registration be sent to me with the absentee ballot.
I will be entitled to vote by absentee ballot because (check one):
_____ I plan to be absent on the day of the election from the city, town, or unincorporated place where I am domiciled.
_____ I am confined in a penal institution for a misdemeanor or while awaiting trial.
_____ I am requesting a ballot for the presidential primary election and I may be absent on the day of the election from the city, town, or unincorporated place where I am domiciled, but the date of the election has not been announced. I understand that I may only make such a request 14 days after the filing period for candidates has closed, and that if I will not be absent on the date of the election I am not eligible to vote by absentee ballot.
_____ I cannot appear in public on election day because of observance of a religious commitment.
_____ I am unable to vote in person due to a disability.
_____ I cannot appear at any time during polling hours at my polling place because of an employment obligation. For the purposes of this application, the term "employment" shall include the care of children and infirm adults, with or without compensation.
For use only on the Monday immediately prior to the election: I cannot appear at my polling place on election day because the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning for election day applicable to my city, town, or unincorporated place. [and either (check one):
_____ I am elderly or infirm or I have a physical disability, and would otherwise vote in person but I have concerns for my safety traveling in the storm.
_____ I anticipate that school, child care, or adult care will be canceled, and would otherwise vote in person but will need to care for children or infirm adults.]
_____ I would otherwise vote in person but I have concerns for my safety traveling in the storm.
Any person who votes or attempts to vote using an absentee ballot who is not entitled to vote by absentee ballot shall be guilty of a misdemeanor. RSA 657:24.
I am requesting an official absentee ballot for the following election (check one):
_____ Presidential Primary to be held on
____________________
(MM/DD/YYYY)
(The date may appear as blank when the date is not known.)
_____ State Primary to be held on
____________________
(MM/DD/YYYY)
_____ General Election
For primary elections, I am a member of or I am now declaring my affiliation with the (check one):
_____ Republican Party
_____ Democratic Party
_____ (name of any party determined by the secretary of state to have achieved official status under RSA 652:11)
and am requesting a ballot for that party's primary.
Please print:
Applicant's Name:
____________________
(Last) (First) (Middle) (Sr., Jr., II., III)
Applicant's Voting Domicile (home address):
____________________
(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
Mail the ballot to me at this address (if different than the home address):
____________________
(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
Applicant's Phone Number :
____________________
Applicant's Email Address :
____________________
Applicant's Signature:
____________________
Date Signed:
____________________
(MM/DD/YYYY)
I attest that I assisted the applicant in executing this form because he or she has a disability.
Signature
____________________ Print Name
____________________
If your absentee ballot application or affidavit envelope has the printed name and signature of a person who assisted you with voting, your signature will not be compared to your signature on the absentee ballot affidavit to verify your identity. Otherwise, if your signatures do not appear to be made by the same person, your absentee ballot may not be counted.
The applicant must sign this form to receive an absentee ballot. Any person who witnesses and assists a voter with a disability in executing this form shall print and sign his or her name in the space provided on the application form. The moderator will not compare the voter's signature on the application with the signature on the absentee ballot affidavit when a person assisting the voter has signed the statement on the absentee ballot application or affidavit envelope that assistance was provided.
2 Clerks Office; Absentee Voting. Amend RSA 657:1, II(c) to read as follows:
(c) As required by RSA 652:20, the clerk's office shall be open to receive applications for absentee ballots, to provide voters the opportunity to complete absentee ballots, and to receive returned ballots on the day immediately prior to an election at a minimum from 3:00 p.m. to 5:00 p.m. During a storm warning the Monday before an election the clerk's office may remain open later or otherwise extend its hours. The clerk may designate a deputy clerk or assistant to provide this service, provided the individual has taken the oath of office and has been trained in the requirements for using an absentee ballot and the procedures for issuing and receiving absentee ballots.
3 Effective Date. This act shall take effect 60 days after its passage.
| Date | Amendment |
|---|---|
| March 7, 2024 | 2024-0767h |
| Date | Body | Type |
|---|---|---|
| Feb. 6, 2024 | House | Hearing |
| Feb. 13, 2024 | House | Exec Session |
| Feb. 13, 2024 | House | Exec Session |
| Feb. 20, 2024 | House | Exec Session |
| Feb. 20, 2024 | House | Floor Vote |
| May 7, 2024 | Senate | Hearing |
| May 7, 2024 | Senate | Hearing |
May 22, 2024: Refer to Interim Study, MA, VV; 05/22/2024; SJ 14
May 14, 2024: Committee Report: Referred to Interim Study, 05/22/2024, Vote 3-2; SC 20
May 2, 2024: Hearing: 05/07/2024, Room 103, LOB, 09:45 am; SC 18
April 24, 2024: Hearing: 05/07/2024, Room 103, LOB, 09:45 am; SC 17
April 2, 2024: Introduced 03/21/2024 and Referred to Election Law and Municipal Affairs; SJ 8
March 22, 2024: Notice of Reconsideration (Rep. Hoell) 03/21/2024 HJ 9
March 22, 2024: Ought to Pass with Amendment 2024-0767h: MA RC 282-92 03/21/2024 HJ 9 P. 59
March 21, 2024: Inexpedient to Legislate: MA RC 282-92 03/21/2024 HJ 9
March 21, 2024: Amendment # 2024-0767h: AA VV 03/21/2024 HJ 9 P. 58
March 11, 2024: Minority Committee Report: Inexpedient to Legislate
March 11, 2024: Majority Committee Report: Ought to Pass with Amendment # 2024-0767h 02/20/2024 (Vote 19-1; RC)
Feb. 14, 2024: ==CONTINUED== Executive Session: 02/20/2024 02:00 pm LOB 306-308
Feb. 7, 2024: ==RECESSED== Executive Session: 02/13/2024 03:00 pm LOB 307
Feb. 7, 2024: Executive Session: 02/13/2024 03:00 pm LOB 306-308
Jan. 31, 2024: Public Hearing: 02/06/2024 10:30 am LOB 306-308
Nov. 28, 2023: Introduced 01/03/2024 and referred to Election Law