Text to be removed highlighted in red.
1 New Subdivision; Uniform Transparency of Absentee and UOCAVA Records. Amend RSA 657 by inserting after section 26 the following new subdivision:
Uniform Transparency of Absentee and UOCAVA Records
657:27 Public Access to Voting Records.
I. In this section:
(a) "Absentee voter" means a voter who has requested or cast a ballot under this chapter.
(b) "UOCAVA voter" means a voter entitled to protections under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. sections 20301-20311.
(c) "Voting record" means information maintained by election officials showing that a voter has requested, been issued, or returned an absentee or UOCAVA ballot.
II. The following information shall be available for public inspection for each absentee and UOCAVA voter:
(a) Voter's full name.
(b) The U.S. address where you are domiciled or last lived.
(c) Voter's current mailing address (if different).
(d) Municipality and voting district.
(e) Voter identification number or state-assigned voter registration number.
(f) Date the absentee or UOCAVA ballot was requested.
(g) Date the absentee or UOCAVA ballot was issued by the clerk.
(h) Date the absentee or UOCAVA ballot was received by the clerk, if applicable.
(i) Status of the ballot: requested, issued, received, accepted, or rejected.
III. For UOCAVA voters who are members of the uniformed services as defined in 52 U.S.C. section 20310(7), the following information shall not be disclosed:
(a) The voter's overseas mailing address.
(b) The voter's telephone number, email address, or other electronic contact information provided for ballot delivery.
IV. Under no circumstances shall any record disclose how a ballot was voted.
V. Election officials shall make the records described in this section available for inspection or electronic access within one business day of receiving a request.
VI. The secretary of state shall adopt rules under RSA 541-A to provide for secure, uniform, and timely public access to such records in both physical and electronic form.
2 New Section; Failure to Provide Access to Voting Records. Amend RSA 659 by inserting after section 45-a the following new section:
659:45-b Failure to Provide Access to Voting Records.
I. Any election official who knowingly refuses or fails to make absentee or UOCAVA voting records available for public inspection as required under RSA 657:27 shall be guilty of a violation for the first offense and subject to a civil fine of not more than $1,000.
II. Any subsequent offense shall be deemed a misdemeanor.
III. Nothing in this section shall preclude the attorney general from seeking injunctive relief to compel compliance with RSA 657.
3 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Subdivision; Uniform Transparency of Absentee and UOCAVA Records. Amend RSA 657 by inserting after section 26 the following new subdivision:
Uniform Transparency of Absentee and UOCAVA Records
657:27 Public Access to Voting Records.
I. In this section:
(a) "Absentee voter" means a voter who has requested or cast a ballot under this chapter.
(b) "UOCAVA voter" means a voter entitled to protections under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. sections 20301-20311.
(c) "Voting record" means information maintained by election officials showing that a voter has requested, been issued, or returned an absentee or UOCAVA ballot.
II. The following information shall be available for public inspection for each absentee and UOCAVA voter:
(a) Voter's full name.
(b) The U.S. address where you are domiciled or last lived.
(c) Voter's current mailing address (if different).
(d) Municipality and voting district.
(e) Voter identification number or state-assigned voter registration number.
(f) Date the absentee or UOCAVA ballot was requested.
(g) Date the absentee or UOCAVA ballot was issued by the clerk.
(h) Date the absentee or UOCAVA ballot was received by the clerk, if applicable.
(i) Status of the ballot: requested, issued, received, accepted, or rejected.
III. For UOCAVA voters who are members of the uniformed services as defined in 52 U.S.C. section 20310(7), the following information shall not be disclosed:
(a) The voter's overseas mailing address.
(b) The voter's telephone number, email address, or other electronic contact information provided for ballot delivery.
IV. Under no circumstances shall any record disclose how a ballot was voted.
V. Election officials shall make the records described in this section available for inspection or electronic access within one business day of receiving a request.
VI. The secretary of state shall adopt rules under RSA 541-A to provide for secure, uniform, and timely public access to such records in both physical and electronic form.
2 New Section; Failure to Provide Access to Voting Records. Amend RSA 659 by inserting after section 45-a the following new section:
659:45-b Failure to Provide Access to Voting Records.
I. Any election official who knowingly refuses or fails to make absentee or UOCAVA voting records available for public inspection as required under RSA 657:27 shall be guilty of a violation for the first offense and subject to a civil fine of not more than $1,000.
II. Any subsequent offense shall be deemed a misdemeanor.
III. Nothing in this section shall preclude the attorney general from seeking injunctive relief to compel compliance with RSA 657.
3 Effective Date. This act shall take effect January 1, 2027.