SB 438 - AS AMENDED BY THE SENATE
03/05/2026 0773s
2026 SESSION
26-2240
08/09
SENATE BILL 438
SPONSORS: Sen. Perkins Kwoka, Dist 21; Sen. Lang, Dist 2; Rep. Lane, Merr. 16; Rep. Telerski, Hills. 11; Rep. Simpson, Rock. 33
COMMITTEE: Election Law and Municipal Affairs
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AMENDED ANALYSIS
This bill requires the commissioner of safety and the secretary of state to enter into an agreement that enables the sharing of voter information from the department of safety with the secretary of state for use in the centralized voter database.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/05/2026 0773s 26-2240
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Centralized Voter Registration Database. Amend RSA 654:45, IV(b) to read as follows:
(b) Voter database record data shall be verified by matching the records with those of the department of safety and the federal Social Security Administration as are required by law, and with the records of the state agency or division charged with maintaining vital records. For this purpose the voter registration record database may be linked to the state agency or division charged with maintaining vital records and the department of safety, provided that no linked agency or division may save or retain voter information or use it for purposes other than verifying the accuracy of the information to be entered or contained in the voter database. The link authorized by this subparagraph shall not allow the department of state or election officials direct access to the motor vehicle registration or driver's license records maintained by the division of motor vehicles; provided that such link shall authorize the department of state to identify voter records with out-of-state driver's license information where the record cannot be matched to an in-state driver's license obtained within the deadline provided in RSA 263:35. The secretary of state shall authorize the release of information from the voter database necessary for the department of safety to notify an individual pursuant to RSA 263:35, II. The commissioner of safety [may] shall authorize the release of information from motor vehicle registration and driver's license records to the extent that the information is necessary to department of state and department of safety cooperation in a joint notification to individuals of apparent discrepancies in their records to the extent that the information is necessary to resolve those discrepancies or to complete voter registration. The commissioner of safety and the secretary of state [are authorized to] shall enter into an agreement that establishes the services to be provided by the department of safety and the cost for those services. Any agreement established shall be reviewed at least once every 3 years, or as needed. The department of safety shall not be required to provide any services under this subparagraph unless an agreement is in place and there are sufficient funds in the election fund to pay the cost for the services. The system shall facilitate the completion, identification, and correction of voter registration records, including but not limited to when a registered voter has died or has been disenfranchised pursuant to part I, article 11 of the New Hampshire constitution or RSA 654:5 through RSA 654:6, or when the domicile address does not match the address provided by the same individual to the department of safety or to verify citizenship for voter registration.
2 Effective Date. This act shall take effect January 1, 2027.
| Date | Amendment |
|---|---|
| Feb. 17, 2026 | 2026-0773s |
| Date | Body | Type |
|---|---|---|
| Jan. 20, 2026 | Senate | Hearing |
| Senate | Floor Vote | |
| March 31, 2026 | House | Hearing |
| May 5, 2026 | House | Exec Session |
April 16, 2026: Executive Session: 05/05/2026 10:00 am GP 158
March 23, 2026: Public Hearing: 03/31/2026 10:40 am GP 158
March 16, 2026: Introduced (in recess of) 03/12/2026 and referred to Election Law HJ 8
Feb. 24, 2026: Ought to Pass with Amendment #2026-0773s, MA, VV; OT3rdg; 03/05/2026; SJ 5
Feb. 24, 2026: Committee Amendment # 2026-0773s, AA, VV; 03/05/2026; SJ 5
Feb. 17, 2026: Committee Report: Ought to Pass with Amendment # 2026-0773s, 03/05/2026; Vote 5-0; CC; SC 8
Jan. 14, 2026: Hearing: 01/20/2026, Room 122-123, SH, 09:30 am; SC 2
Nov. 21, 2025: Introduced 01/07/2026 and Referred to Election Law and Municipal Affairs; SJ 1