Bill Text - HB317 (2026)

Preventing a supervisor of the checklist from verifying a person's identity without identification, even if they personally know that person.


Revision: March 13, 2026, 12:17 p.m.

HB 317 - AS AMENDED BY THE SENATE

 

03/12/2026   1015s

03/12/2026   1083s

2025 SESSION

25-0513

07/08

 

HOUSE BILL 317

 

AN ACT allowing a supervisor of the checklist to verify a person's identity, with identification, if they personally know that person.

 

SPONSORS: Rep. Burnham, Straf. 2; Rep. Ankarberg, Straf. 7; Rep. Potenza, Straf. 19; Rep. Wherry, Hills. 13; Rep. Wood, Merr. 13; Rep. Panek, Hills. 1

 

COMMITTEE: Election Law

 

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AMENDED ANALYSIS

 

This bill allows a supervisor of the checklist to verify a person's identity, with identification, if they personally know that person.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/12/2026   1015s

03/12/2026   1083s 25-0513

07/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT allowing a supervisor of the checklist to verify a person's identity, with identification, if they personally know that person.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Voting Procedure; Obtaining a Ballot; Personal Identification.  RSA 659:13, I(c) is repealed and reenacted to read as follows:

(c)(1)  If the voter does not have a valid photo identification, the ballot clerk shall direct the voter to see the supervisor of the checklist.

(2)  A moderator, clerk, supervisor, or selectman may verify a voter's identity if such moderator, clerk, supervisor, or selectman personally knows the voter.

(3)  The supervisor of the checklist shall review the voter's qualifications and determine if the voter's identity can be verified.  If the supervisor of the checklist determines that the voter's qualifications and identity are established, the voter shall be allowed to vote.  If the supervisor of the checklist determines that the voter's qualifications and identity have not been established, the voter shall not be allowed to vote.  A voter not allowed to vote as a result of the determination of the supervisor of the checklist may take an immediate appeal to the superior court as provided in RSA 654:12, V.  

(4)  A moderator, clerk, supervisor, or selectman of the checklist that verifies a voter's identity pursuant to subparagraph (2) shall be required to complete and retain the following form:  

Attestation Of Identity For A Registered Voter On Election Day

(Note: the voter must be listed on the checklist at the voting location.)

I __________ (Printed Name), in accordance with the authority granted to me in RSA 659:13, I(c) as a moderator, clerk, supervisor, or selectman of the checklist (circle one) do attest under the penalty of perjury that:  

__________ (Printed Name of Voter) __________ (NH Voter Identification Number)

Is known to me as stated here:  

______________________________

__________ Signature __________ Office

I __________, in accordance with the authority granted to me in RSA 659:13, I(c) as a moderator or clerk (circle one) do attest under the penalty of perjury that I have witnessed the above attestation and believe it to be true and in accordance with the provisions of RSA 659:13, I(c) and that I did not make the attestation above.

__________ Signature __________ Office

2  Verification of Identity for Purposes of Voting.  Amend RSA 654:12, I(d)(4) to read as follows:

(4)  Any other evidence that reasonably establishes that it is more likely than not that the person is who they claim to be[, including verification of the person's identity by the moderator or another election official].  Notwithstanding any law to the contrary, [Residents] residents of a nursing home or similar facility may prove their identity through verification of identity by the administrator of the facility or by his or her designee.  For the purposes of this section, the application of a person whose identity has been verified by an official of a nursing home or similar facility shall be treated in the same manner as the application of a person who proved his or her identity with a photo identification.

3  Effective Date.  This act shall take effect 60 days after its passage.