Struck = removed from the bill ·
added = the amendment's new text.
HBSen. 1370-FN - AS AMENDED BY THE SENATE 05/16/2024 1903s SESSION 24-2447 12/10 HOUSE BILL 1370-FN AN ACT relative to eliminating voter identification exceptions.
SPONSORS:Gray, Dist 6 May 13, 2024 2024-1903s 08/02 Floor Amendment to HB 1370-FN Amend the title of the bill by replacing it with the following:
Rep.3 AN ACT relative to eliminating voter identification exceptions.
Wherry,5 Hills.Amend the bill by replacing all after the enacting clause with the following:
13;7 1 Determining Qualifications of Applicant;
Rep.
Burnham, Straf.
2;
Rep.
Wood, Merr.
13;
Rep.
H.
Howard, Straf.
4;
Rep.
Aures, Merr.
13;
Rep.
K.
Perez, Rock.
16;
Rep.
Panek, Hills.
1 COMMITTEE:
Election Law ───────────────────────────────────────────────────────────────── AMENDED 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.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 1370-FN - AS AMENDED BY THE SENATE 05/16/2024 1903s 24-2447 12/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four 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;
(2) A person who attests under penalty of voter fraud that they do not possess any of the qualified documents listed in subparagraph (c)(1) may present any reasonable documentation of having established a physical presence at the place claimed as domicile, having an intent to make that place their domicile, and having taken a verifiable act to carry out that intentThe 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 Floor Amendment to HB 1370-FN - Page 2 - or ward in which they desire to vote.
HB 1370-FN - AS AMENDED BY THE SENATE - Page 2 - (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;
For the purposes of this section, the application of a person whose identity has been verified by an official of a nursing home Floor Amendment to HB 1370-FN - Page 3 - 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.
HB 1370-FN - AS AMENDED BY THE SENATE - Page 3 - (a) Notwithstanding laws to the contrary, data contained in state databases may be used by the secretary of state or other state agencies to verify the information requested of the applicant when registering to vote for the first time or to prove identity when the applicant has not provided sufficient documentation.
Floor Amendment to HB 1370-FN - Page 4 - I.
HB 1370-FN - AS AMENDED BY THE SENATE - Page 4 - II.
Place and Date of Birth Town or City State ____________________ Date____________________ Floor Amendment to HB 1370-FN - Page 5 - 5.
Place last registered to vote _____________________ HB 1370-FN - AS AMENDED BY THE SENATE - Page 5 - 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 8.
Date ____________________ Signature of Applicant____________________ Floor Amendment to HB 1370-FN - Page 6 - 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.
HB 1370-FN - AS AMENDED BY THE SENATE - Page 6 - 3 General Voter Registration;
Last Name First Name Middle Name/Initial Party affiliation Floor Amendment to HB 1370-FN - Page 7 - If person making a challenge is a voter:
Physical Address--Street Name & Number 3 If person is a political party or attorney general appointee:
mailing address & phone number HB5 1370-FN - AS AMENDED BY THE SENATE - Page 7 - The challenger's qualifications to assert the challenge INFORMATION ON THE VOTER BEING CHALLENGED:
____________________ (Signature of challenger) Floor Amendment to HB 1370-FN - Page 8 - 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.
HB 1370-FN - AS AMENDED BY THE SENATE - Page 8 - ____________________ Notary Public/Justice of the Peace/Official Authorized by RSA 659:30 TO BE COMPLETED BY THE MODERATOR ruling on the challenge:
Floor Amendment to HB 1370-FN - Page 9 - 6 Obtaining a Ballot;
HB 1370-FN - AS AMENDED BY THE SENATE - Page 9 - (2) The supervisor of the checklist shall review the voter's qualifications and determine if the voter's identity can be verified.
Floor Amendment to HB 1370-FN - Page 10 - II.
All ballots pending judicial review shall be placed in a designated container and hand counted after polls have closed using a method prescribed by the secretary of state for hand counting HB 1370-FN - AS AMENDED BY THE SENATE - Page 10 - and confirmation of candidate vote totals.
LBAFloor 24-2447Amendment 11/6/23to HB 1370-FN-1370-FN FISCAL- NOTEPage AS11 INTRODUCED- AN2024-1903s ACTAMENDED relativeANALYSIS toThis durablebill andremoves tamper-proofany containersexceptions for preservingproving ballots.voter identification.
FISCALThis IMPACT:bill also removes the voter affidavits as proof of identification and repeals the procedures for affidavit ballots.
[ X ] State [ ] County [ X ] Local [ ] None Estimated State Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 Revenue $0 $0 $0 $0 Revenue Fund(s) None Indeterminable Indeterminable Indeterminable Expenditures $0 Increase Increase Increase Funding Source(s) General Fund Appropriations $0 $0 $0 $0 Funding Source(s) None • Does this bill provide sufficient funding to cover estimated exp[X] Nores? • Does this bill authorize new positions to implement this bill? [X] N/A Estimated Political Subdivision Impact - Increase / (Decrease) FY 2024 FY 2025 FY 2026 FY 2027 Local Revenue $0 $0 $0 $0 Local Expenditures $0 $0 - $10,000 $0 - $10,000 $0 - $10,000 METHODOLOGY:
This bill requires the Secretary of State to prepare and provide, to each town and ward clerk, ballot preserving containers which are secure, durable, reusable, transportable, and stackable.
The Department of State indicates the current distribution to the town and ward clerks include custom-sized cardboard boxes, red tape designed to be tamper-evident, and sealers that necessitate signatures, although they lack tamper-evident features.
Currently, the Department ships electronic ballot-counted ballots in custom-sized boxes to prevent damage, considering ballot sizes and quantities.
For manual count towns, folded ballots are transported in the smallest available boxes.
Due to the multiple sized and custom boxes needed to comply with this bill the Department would need to contract with a reusable, lockable container manufacturer to purchase the boxes.
The Department notes, RSA 33-A:3-a, XXXVI mandates the retention of federal election ballots and related documents by town clerks until the contest is resolved or at least 22 months after the election, whichever is longer.
The secretary of state anticipates procuring reusable containers for the initial 5 elections (1 presidential primary, 2 state primaries, and 2 state general elections), with minimal additional purchases afterward for replacements or increased ballot shipments, provided municipalities return the reusable containers after the retention period.
The Department assumes the cost to coordinate the return shipment of all state elections containers would be bore by the Department as well as the increased cost from the change in the container resulting in increased shipping costs from and to the Department.
The exact cost is currently unknown.
The Department plans to solicit proposals for lockable, durable, reusable, transportable, and stackable containers, along with container locks and tamper- evident sealers.
However, the costs for these new containers, locks, and sealers cannot be determined at this time but would result in an indeterminable increase to State General Funds starting in FY 2025.
The New Hampshire Municipal Association states to comply with the bill they would need training, but it is assumed the Department of State would cover this costs.
Any other incidental costs would be minimal.
AGENCIES CONTACTED:
Department of State and New Hampshire Municipal Association