HB 365-FN - AS INTRODUCED
2025 SESSION
25-0409
08/05
HOUSE BILL 365-FN
AN ACT relative to proof of United States citizenship for indigent voters.
SPONSORS: Rep. Lynn, Rock. 17; Rep. Berry, Hills. 44; Sen. Gray, Dist 6
COMMITTEE: Election Law
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ANALYSIS
This bill provides a procedure for local election officials and the secretary of state to verify the citizenship of a voter who does not have documentary proof of citizenship. This bill also creates a voucher program for local election officials to give to indigent voters who cannot afford the cost of obtaining a birth certificate, requires the secretary of state to reimburse the municipality for the issuance of such vouchers, and makes an appropriation therefor.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0409
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to proof of United States citizenship for indigent voters.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Voter Identification; Proof of Citizenship. Amend RSA 654:12 by inserting after paragraph II the following new paragraph:
II-a.(a) If a person claiming to be qualified to vote is unable to provide reasonable
documentation establishing that the person is a citizen of the United States, at the request of such person, the supervisors of the checklist, the city or town clerk, or other authorized election official shall attempt to confirm the person’s citizenship through the office of the secretary of state. The secretary of state shall make reasonable efforts to determine whether the person is a United States citizen by accessing relevant and available in-state, out-of-state, and federal databases that contain such information. However, if the request to verify citizenship status is made on election day, neither local election officials nor the secretary of state shall be required to expend such time or effort on citizenship verification as would unreasonably interfere with their other election day duties. If the person’s United States citizenship is verified, the secretary of state shall notify the local election official and the citizenship criteria for voting shall be deemed satisfied. The local official shall then note on the person’s voter registration application form “U.S. citizenship verified” and shall indicate on the form the date and the basis upon which such verification was made.
(b) If a person claiming to be qualified to vote asserts that he or she is unable due to indigency to provide documentation to establish that he or she is a United States citizen, and if efforts to verify the person’s citizenship pursuant to subparagraph (a) are not successful, the city or town clerk or the secretary of state may request such person to complete a financial affidavit on a form developed for this purpose by the secretary of state. If, based upon criteria established by the secretary of state, it appears that the person qualifies as indigent, the clerk or the secretary may provide the person with a voucher sufficient to cover the cost for the person to obtain a certified copy of the person’s birth certificate or other equivalent documentation to establish the person’s status as a United States citizen. The person shall be specifically informed that it is the person’s responsibility to communicate with the appropriate vital records agency in the state of the person’s birth and to use the funds provided through the voucher to pay any required fee to obtain the person’s birth certificate or equivalent proof of citizenship, and that such documentation shall be provided to the local election officials on or before the day of the election in order for the person to satisfy the citizenship criteria for voting. The secretary of state shall reimburse local municipalities for the costs of all vouchers issued by city or town clerks pursuant to this subparagraph.
2 Appropriation; Secretary of State. There is hereby appropriated to the secretary of state the sum of $ 25,000 is for the fiscal year ending June 30, 2026, and the sum of $ 25,000 for the fiscal year ending June 30, 2027 for the purpose of reimbursing local municipalities for the costs of vouchers to pay any required fee to obtain a potential voter's birth certificate or equivalent proof of citizenship under RSA 654:12, II-a(b). The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
3 Effective Date. This act shall take effect July 1, 2025.
25-0409
12/28/24
HB 365-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to proof of United States citizenship for indigent voters.
FISCAL IMPACT: This bill provides an appropriation in Section 2.
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | $114,000 | $114,000 | $117,000 | ||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $25,000 | $25,000 | $0 | ||
Funding Source(s) | General Fund | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill provides a procedure for local election officials and the Secretary of State to verify the citizenship of a voter who does not have documentary proof of citizenship. This bill also creates a voucher program for local election officials to give to indigent voters who cannot afford the cost of obtaining a birth certificate. Additionally, it requires the Secretary of State to reimburse the municipality for the issuance of such vouchers. This bill makes an appropriation to the Secretary of State in the sum of $25,000 for fiscal year ending June 30, 2026 and the sum of $25,000 for fiscal year ending June 30, 2027 for the purpose of reimbursing local municipalities.
The Department of State will require an additional staff member to fulfill the duties mandated by this bill. This position will involve coordinating with state, out-of-state, and federal agencies to verify the citizenship of individuals registering to vote without adequate citizenship documentation. Additionally, they will be responsible for administering the voucher program. Below is the cost breakdown. The estimated salary for this position includes an additional $4,000 for equipment and office supplies.
ESTIMATED FISCAL IMPACT (ROUNDED) | |||
| FY 2026 | FY 2027 | FY 2028 |
Program Specialist III (1 position) | $85,000 | $89,000 | $92,000 |
Computers, office equipment and other supplies | $4,000 | $0 | $0 |
Total Estimated Cost | $89,000 | $89,000 | $92,000 |
The Department also stated though the bill provides appropriations to reimburse the municipalities for the cost of vouchers, it does not provide the Department with any funding for vouchers directly issued by the Department.
AGENCIES CONTACTED:
Department of State
| Date | Body | Type |
|---|---|---|
| Feb. 11, 2025 | House | Hearing |
| March 4, 2025 | House | Exec Session |
| March 4, 2025 | House | Floor Vote |
| April 1, 2025 | House | Exec Session |
March 26, 2025: Executive Session: 04/01/2025 10:00 am LOB 210-211
March 19, 2025: Division I Work Session: 03/24/2025 09:00 am LOB 212
March 13, 2025: Referred to Finance 03/13/2025 HJ 8
March 13, 2025: Ought to Pass: MA DV 200-169 03/13/2025 HJ 8
March 5, 2025: Minority Committee Report: Inexpedient to Legislate
March 5, 2025: Majority Committee Report: Ought to Pass 03/04/2025 (Vote 10-8; RC)
Feb. 27, 2025: Executive Session: 03/04/2025 01:00 pm LOB 306-308
Feb. 20, 2025: Subcommittee Work Session: 02/21/2025 09:30 am LOB 302-304
Feb. 7, 2025: Subcommittee Work Session: 02/14/2025 09:30 am LOB 306-308
Feb. 7, 2025: Public Hearing: 02/11/2025 01:00 pm LOB 306-308
Jan. 8, 2025: Introduced 01/08/2025 and referred to Election Law HJ 2 P. 16