Bill Text: NH HB460 | 2023 | Regular Session | Introduced
Bill Title: Relative to eliminating voter identification exceptions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-03-22 - Lay HB460 on Table (Rep. Lane): Motion Adopted Voice Vote 03/22/2023 House Journal 10 P. 78 [HB460 Detail]
Download: New_Hampshire-2023-HB460-Introduced.html
HB 460-FN - AS INTRODUCED
2023 SESSION
23-0462
06/10
HOUSE BILL 460-FN
AN ACT relative to eliminating voter identification exceptions.
SPONSORS: Rep. Lynn, Rock. 17; Rep. Popovici-Muller, Rock. 17
COMMITTEE: Election Law
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ANALYSIS
This bill removes any exceptions for proving voter identification. This bill also removes the voter affidavits as proof of identification and repeals the procedures for affidavit ballots.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0462
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to eliminating voter identification exceptions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Determining Qualifications of Applicant; General Voter Registration. RSA 654:12 is repealed and reenacted to read as follows:
654:12 Determining Qualifications of Applicant.
I. When determining the qualifications of an applicant desiring to register to vote, whether the applicant seeks to register before election day or on election day, the supervisors of the checklist, or the town or city clerk, shall require the applicant to present proof of citizenship, age, domicile, and identity as provided in the following categories:
(a) CITIZENSHIP. The supervisors of the checklist, or the town or city clerk, shall accept from the applicant any one of the following as proof of citizenship: the applicant's birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, or any other reasonable documentation which indicates the applicant is a United States citizen.
(b) AGE. Any reasonable documentation indicating the applicant will be 18 years of age or older at the next election.
(c) DOMICILE.
(1) A person who possesses one of the following qualified documents identifying the applicant's name and the address claimed as domicile must present that document when applying for registration: (i) New Hampshire driver's license or identification card issued under RSA 260:21, RSA 260:21-a, or RSA 260:21-b; (ii) New Hampshire resident vehicle registration; (iii) a picture identification issued by the United States government that contains a current address; (iv) a government issued check, benefit statement, or tax document.
(2) A person who attests under penalty of voter fraud that he or she does not possess any of the qualified documents listed in subparagraph (A) may present any reasonable documentation of having established a physical presence at the place claimed as domicile, having an intent to make that place his or her domicile, and having taken a verifiable act to carry out that intent. The documentation must establish that it is more likely than not that the applicant has a domicile and intends to maintain that domicile, as defined in this chapter, at least until election day, in the town or ward in which he or she desires to vote. Reasonable documentation may include, but is not limited to evidence of:
(A) Having established domiciliary at the location of an institution of learning the applicant attends, as set forth in RSA 654:1, I-a;
(B) Renting or leasing an abode at that place for a period of more than 30 days, to include time directly prior to an election day;
(C) Purchasing an abode at that place;
(D) Enrolling the applicant's dependent minor child in an established public or private elementary or secondary school which serves the town or ward of that place, using the address where the registrant resides;
(E) Listing that place as the person's physical residence address on state or federal tax forms, other government identification showing the address, or other government forms showing the address;
(F) Providing the address of that place to the United States Post Office as the person's permanent address, provided it is not a postal service or commercial post office box;
(G) Obtaining public utility services for an indefinite period at that place; or
(H) Arranging for a homeless shelter or similar service provider located in the town or ward to receive United States mail on behalf of the individual.
(I) Any other reasonable documentation which establishes that it is more likely than not that the applicant is domiciled at the address in the town or ward in which the applicant desires to vote. An applicant whose domicile is at an abode of another and whose name is not listed on the document offered as proof of domicile may provide a written statement from a person who is listed as owner, property manager, or tenant on the document that the applicant resides at that address, signed by that person under penalty of voting fraud if false information is provided.
(d) IDENTITY. Any one of the following is presumptive evidence of the identity of an applicant sufficient to satisfy the identity requirement of this section:
(1) Photo driver's license issued by any state or the federal government.
(2) United States passport, armed services identification, or other photo identification issued by the United States government.
(3) Photo identification issued by local or state government.
(4) Any other evidence that reasonably establishes that it is more likely than not that the person is who he or she claims to be.
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.
II. The evidence described or presumptions established in paragraph I may be defeated by evidence establishing that it is more likely than not that the applicant is not qualified as a voter.
III. Any person who is applying for registration as a voter and who is currently registered to vote in a different town or ward in New Hampshire shall complete the voter registration form provided for in RSA 654:7. If the election official receiving the application confirms through the centralized voter registration database required by RSA 654:45 that the applicant is currently registered to vote in New Hampshire, the applicant shall prove identity and domicile, but shall not be required to prove his or her age or citizenship.
IV. A person who has registered to vote in the town or ward in which the person seeks to vote prior to election day need not provide proof of citizenship, age, or domicile at the polling place on election day, but shall provide proof of identification establishing that he or she is the same person who previously registered to vote.
V. Any dispute as to whether a person has met the requirements to register to vote or to vote shall be decided by the election official of the town or ward in charge of voter registration or in charge of the polling place if the dispute arises at the polling place. A person aggrieved by the decision of said official may take an immediate appeal to the superior court, which shall hear the appeal forthwith and shall make every reasonable effort to decide the matter as soon as possible and before the close of the polls on election day.
2 General Voter Registration; Voter Registration Form. RSA 654:7 is repealed and reenacted to read as follows:
654:7 Voter Registration; Voter Registration Form.
I. Any person registering to vote shall be:
(a) At least 18 years of age on the day of the next election; and
(b) A United States citizen; and
(c) Domiciled in the town or city in which the applicant is registering to vote and not otherwise disqualified to vote.
II. The applicant shall be required to produce appropriate proof of qualifications as provided in RSA 654:12 and fill out the form as prescribed in paragraph III.
III.(a) Standard registration application forms shall be used throughout the state. The registration forms shall be no larger than 8 ½ inches by 11 inches.
(b) The secretary of state shall prescribe the form of the voter registration form to be used for voter registrations, transfers, or updates, which shall be in substantially the following form:
___ NEW REGISTRATION I am not registered to vote in New Hampshire
___ TRANSFER I am registered to vote in New Hampshire and have moved my voting domicile to a new town or ward in New Hampshire
___ NAME CHANGE/ADDRESS UPDATE I am registered to vote in this town/ward and have changed my name/address
Date ____________________
VOTER REGISTRATION FORM
(Please print or type)
1. Name
Last (suffix) First Full Middle Name
2. Domicile Address
Street Ward Number
Town or City Zip Code
3. Mailing Address if different than in 2
Street
Town or City Zip Code
4. Place and Date of Birth
Town or City State
Date____________________
5. Are you a citizen of the United States? Yes _____ No _____
If a naturalized citizen, give name of court where and date when naturalized
6. Place last registered to vote
Street Ward Number
I am not currently registered to vote elsewhere (initial here __________), or I request that my name be removed as a registered voter in ______________________________ (fill in your address where previously registered, street, city/town, state, and zip code)
7. Name under which previously registered, if different from above
8. Party Affiliation (if any)
9. Driver's License Number
_________________________
State
If you do not have a valid driver's license, provide the last four digits of your social security number __________
My name is ____________________. I am today registering to vote in the city/town of ____________________, New Hampshire. If a city, ward number __________.
I understand that to vote in this ward/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this ward/town.
I understand that a person can claim only one state and one city/town as his or her domicile at a time. I understand that my domicile for voting is that one place from which I participate in democratic self-government and that I have acted to carry out that intent. By registering or voting today, I am acknowledging that I am not domiciled or voting in any other state or any other city/town.
In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.
If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a supervisor of the checklist is available to address my questions or concerns.
I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town, and, if registering on election day, that I have not voted and will not vote at any other polling place this election.
Date Signature of Applicant
In accordance with RSA 659:34, the penalty for knowingly or purposely providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
3 General Voter Registration; Registering at the Polling Place; Election Day Registration. RSA 654:7-a is repealed and reenacted to read as follows:
654:7-a Registering at the Polling Place; Election Day Registration.
I. Any person whose name is not on the checklist but who is otherwise a qualified voter shall be entitled to vote by requesting to be registered to vote at the polling place on election day. The applicant shall be required to produce appropriate proof of qualifications as provided in RSA 654:12. If registered, the voter may then vote at that election.
II. Any person who is waiting to register to vote at the polling place on election day at the time scheduled for the closing of the polls shall be allowed to vote if determined to be qualified to register.
4 Election Procedure; Challenge of Voter; Affidavit. RSA 659:27 is repealed and reenacted to read as follows:
659:27 Challenge of Voter; Affidavit.
I. A voter offering to vote at any state election may be challenged by any other voter registered in the town or ward in which the election is held, an election official, a challenger appointed by a political committee pursuant to RSA 666:4, or a challenger appointed by the attorney general pursuant to RSA 666:5.
II. Upon receipt of a written challenge, the moderator shall determine if the challenge to the ballot is well grounded. If the moderator determines that it is more likely than not that the challenge is well grounded, the moderator shall not receive the vote of the person so challenged. If the moderator determines that the challenge is not well grounded, the moderator shall permit the voter to vote.
5 Challenges; Asserting a Challenge. RSA 659:27-a is repealed and reenacted to read as follows:
659:27-a Asserting a Challenge.
I. No challenge may be asserted except in the form of a signed affidavit, under oath administered by an election official, in the following form:
INFORMATION ON THE PERSON MAKING THE CHALLENGE
Name of Person Making the Challenge:
Last Name First Name Middle Name/Initial
Party affiliation
If person making a challenge is a voter: Physical Address--Street Name & Number
If person is a political party or attorney general appointee: mailing address & phone number
The challenger's qualifications to assert the challenge
INFORMATION ON THE VOTER BEING CHALLENGED: The person making the challenge shall complete the following:
Name being used by the voter who you wish to challenge:
____________________________________
Last Name First Name Middle Name
GROUNDS FOR THE CHALLENGE: The person making the challenge shall indicate the ground on which the challenge is made (check all grounds that apply).
___ The person seeking to vote is not the individual whose name he or she has given
___ The person seeking to vote has already voted in the election at (name polling place) ____________ at approximately (state time if known) __________
___ The person seeking to vote is disqualified as a voter by conviction of a willful violation of the elections laws (state offense, court, and date of conviction)
___ The person seeking to vote is under 18 years of age
___ The person seeking to vote is not a United States Citizen
___ The person seeking to vote is not domiciled in the town or ward where he or she is seeking to vote (state person's true domicile--town/city)
___ The person seeking to vote does not reside at the address listed for that person on the checklist
___ The person seeking to vote is an incarcerated convicted felon who is currently sentenced to incarceration (state name of institution person is in)
___ This is a primary and the person seeking to vote in the (state political party name) __________ primary is not a declared member of the party he or she claims to be affiliated with
___ The person seeking to vote is ineligible to vote pursuant to the following state or federal statute or constitutional provision:
BASIS FOR THE CHALLENGE: The person making the challenge shall state the specific source of the information or personal knowledge upon which the challenge of the particular individual is based:
OATH: The person making the challenge shall complete the following:
I hereby swear and affirm, under the penalties of perjury, that to the best of my knowledge and belief the information above is true and correct.
____________________
(Signature of challenger)
On the date shown above, before me, __________ (print name of notary public, justice of the peace, election officer), appeared __________ (print name of person whose signature is being notarized), known to me or satisfactorily proven (circle one) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.
____________________
Notary Public/Justice of the Peace/Official Authorized by RSA 659:30
TO BE COMPLETED BY THE MODERATOR ruling on the challenge:
If the ground at issue is age, citizenship, domicile, or identity: The supervisors of the checklist have ruled that the challenged voter is: qualified as a voter; not qualified as a voter (circle one).
The moderator rules on challenges based on other grounds: The moderator rules that the challenge is: well grounded; not well grounded (circle one).
____________________________________
Signature of Moderator or Election Official
II.(a) A challenge may be asserted only upon personal knowledge or other basis of probable cause that the challenged voter is ineligible to vote. No challenge may be accepted unless one of the following grounds is asserted and specific facts are offered in support of such grounds:
(1) The person seeking to vote is not the individual whose name he or she has given.
(2) The person seeking to vote has already voted in the election at the time and place specified in the challenge.
(3) The person seeking to vote is disqualified as a voter by conviction of a willful violation of the elections laws, such conviction having been for the offense specified in the challenge.
(4) The person seeking to vote is under 18 years of age.
(5) The person seeking to vote is not a United States citizen.
(6) The person seeking to vote is not domiciled in the town or ward where he or she is seeking to vote because the person’s true domicile is in the town or city specified in the challenge.
(7) The person seeking to vote does not reside at the address listed for that person on the checklist.
(8) The person seeking to vote is an incarcerated convicted felon who is currently sentenced to incarceration in the institution specified in the challenge.
(9) The person is attempting to vote in a primary and the person is not a declared member of the party with which he or she claims to be affiliated.
(10) The person is ineligible to vote pursuant to some other state or federal statute or constitutional provision specified in the challenge.
(b) Before ruling on the challenge, the moderator shall give the challenged voter an opportunity to be heard. A person aggrieved by the moderator’s decision on a voter challenge may obtain immediate review of the decision in the superior court pursuant to RSA 654:12, V.
6 Obtaining a Ballot; Affidavit Ballots Removed. 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 inform the voter that he or she may execute a challenged voter affidavit. The voter shall receive an explanatory document prepared by the secretary of state explaining the proof of identity requirements. If the voter executes a challenged voter affidavit, the ballot clerk shall mark the checklist in accordance with uniform procedures developed by the secretary of state.
(2) If the voter executes a challenged voter affidavit, the moderator or the moderator's designee shall take a photograph of the voter and immediately print and attach the photograph to, and thus make it a part of, the affidavit form. However, if a photograph was taken under RSA 654:12, then a notation shall be made on the challenged voter affidavit stating that the photograph is attached to the qualified voter affidavit or sworn statement on the general election day registration form. The photograph shall be 2 inches by 2 inches, or larger, and may be in color or in black and white. The moderator or his or her designee who took the photograph and the voter shall then sign the challenged voter affidavit. The moderator or designee shall delete the photograph from the camera in the presence of the voter. If the moderator or his or her designee is unable to take the voter's photograph due to equipment failure or other cause beyond the moderator's or his or her designee's reasonable control, the voter may execute a challenged voter affidavit without a photograph.
(3) If the voter objects to the photograph requirement because of religious beliefs, he or she may execute an affidavit of religious exemption in accordance with RSA 659:13-b, which shall be attested to by an election officer and attached to the challenged voter affidavit.
(4) The person entering voter information into the centralized voter registration database shall cause the records to indicate when a voter has not presented a valid photo identification and has executed a challenged voter affidavit.
7 Voting Procedure; Obtaining a Ballot. Amend RSA 659:13, II(b) to read as follows:
(b) In addition to the forms of photo identification authorized in subparagraph (a), the identification requirements of paragraph I may be satisfied by verification of the person's identity by a moderator or supervisor of the checklist or the clerk of a town, ward, or city, provided that if any person authorized to challenge a voter under RSA 659:27 objects to such verification, identifies the reason for the objection in writing, and states the specific source of the information or personal knowledge upon which the challenge of the photo identification is based, the voter shall be required to execute a challenged voter affidavit as if no verification was made. [When an election official uses personal recognizance as a substitute for required documentation under this section, the moderator or clerk shall print in the margin of the checklist, next to the name of the voter so qualified, one of the following to identify the official who validated the voter: “P-x-AB” where “P” indicates personal recognizance; “x” shall be “M” for moderator or “C” for clerk; and AB are the first and last initials of the moderator or clerk. By initialing the checklist, the moderator or clerk personally affirms, under penalty of perjury, the identity of the voter they are qualifying to vote.]
8 Election Procedure; Challenges; Record by Clerk. RSA 659:32 is repealed and reenacted to read as follows:
659:32 Record by Clerk. The town clerk shall record the name and domicile of all challenged voters, the name and domicile of the person who challenged each such voter, the reason for each challenge, and the ruling on each challenge by the moderator or election official.
9 Repeals. The following are repealed:
I. RSA 659:30 and 659:31, relative to affidavits related to election procedure and challenges.
II. RSA 660:17-a, relative to affidavit ballots; recounts.
III. RSA 659:23-a, relative to affidavit ballots.
IV. RSA 659:13, II(d), relative to training on nonpublic data.
10 Effective Date. This act shall take effect 60 days after its passage.
23-0462
Revised 1/11/23
HB 460-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to eliminating voter identification exceptions.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | ($178,000) | ($354,000) | $0 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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LOCAL: |
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|
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
This bill removes any exceptions for proving voter identification and modifies the requirement for the documents necessary to register to vote requiring proof of citizenship, age, domicile, and identity. This bill also removes the voter affidavits as proof of identification and repeals the procedures for affidavit ballots.
The Department of State indicates there would be a decrease in General fund expenditures in FY 2024 and FY 2025 of $178,000 and $354,000 respectively with an indeterminable impact in FY 2026. The Department assumed they would need 12,000 packets, accounting for both the primary and general elections to ensure a sufficient amount of packets at each polling locations. The cost of the preparation of the packets is estimated to be $5 per packet equating to a savings of $60,000. The Department assumes in FY 2024 there will be the same amount of voters using the affidavit process as the November 2020 election (4,244). The postage for each returned envelope is $26.95. Multiplying the 4,244 voters by the postage cost rounds to an estimated savings of $115,000 for postage cost. The Department would have also incurred $3,000 in overtime pay. The Department assumes in FY 2025, because it is a presidential year, the savings will be doubled.
The New Hampshire Municipal Association states this bill will require additional training of election official increasing costs in the form of wages and compensation to official resulting in an increase in local expenditures starting in FY 2024 and forward.
AGENCIES CONTACTED:
Department of State and New Hampshire Municipal Association
