Amendment vs bill Amendment #2024-1041h vs latest version

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CHAPTER 123 HB 1264-FN - FINAL VERSION 21Mar2024...
1041h SESSION 24-2009 08/10 HOUSE BILL 1264-FN AN ACT relative to the definition of accessible voting systems.
SPONSORS:
M.
Wherry, Hills.
Paige, Rock.
13 March 5, 2024 2024-1041h 08/06 Amendment to HB 1264-FN Amend the bill by replacing all after section 2 with the following:
11;
3 3 New Section;
Rep.
Vallone, Rock.
5;
Rep.
Guthrie, Rock.
15;
Rep.
Lynn, Rock.
17;
Rep.
M.
Smith, Straf.
10;
Sen.
Altschiller, Dist 24;
Sen.
Carson, Dist 14 COMMITTEE:
Election Law ───────────────────────────────────────────────────────────────── ANALYSIS This bill directs cities and towns to enable access to voting for individuals with disabilities during elections.
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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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
CHAPTER 123 HB 1264-FN - FINAL VERSION 21Mar2024...
1041h 24-2009 08/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to the definition of accessible voting systems.
Be it Enacted by the Senate and House of Representatives in General Court convened:
123:1 Statement of Findings.
The general court finds that:
I.
Voting is one of our citizen’s most fundamental rights.
It is of the utmost importance that all eligible voters have equal access and opportunity to participate in all elections held in this state.
II.
Certain individuals with disabilities, including individuals who have visual impairments or other disabilities that interfere with effective reading, writing, or use of printed material, face unique challenges in casting their votes privately and independently, particularly in local elections, as currently most cities and towns do not provide accessible voting systems for local elections.
III.
Title II of the Americans with Disabilities Act and its implementing regulations (“ADA”) require the state, cities, and towns to make their programs, services, and activities accessible to qualified individuals with disabilities.
(42 U.S.C.
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sections 12131-12134, 28 C.F.R.
sections 35.130,35.160).
Elections held by the state, cities and towns are “services, programs, and activities” under the ADA.
Under the ADA, the state, cities and towns must provide “appropriate auxiliary aids and services” to enable voters with disabilities “an equal opportunity to participate in, and enjoy the benefits of” their elections, including the same opportunity to exercise their right to vote independently and privately as is enjoyed by persons without disabilities.
IV.
The current state practice is to ensure that every polling location provides an accessible voting system to enable individuals with disabilities to have equal access to vote independently and privately only for state elections with a federal office on the ballAccessible voting systems are generally not made available at polling locations for local elections.
As a result, with very few exceptions, individuals with disabilities are not universally afforded equal opportunities to vote privately and independently as individuals without disabilities in local elections, in violation of the ADA.
123:2 Accessible Voting System;
Definition.
Amend RSA 652:16-d to read as follows:
652:16-d Accessible Voting System.
"Accessible voting system" shall mean the system chosen by the state in federal elections or by municipalities in local elections to meet the accessibility for individuals with disabilities requirements of section 301 of the Help America Vote Act of 2002, 42 U.S.C.
section 15481, 52 U.S.C.
section 21081, and Title II of the Americans with Disabilities Act, 42 U.S.C.
section 12132, that has the capacity to print a paper ballot marked with the votes chosen by the voter.
123:3 New Section;
CHAPTER 123 HB 1264-FN - FINAL VERSION - Page 2 - (a) Ensure that each polling place has at least one accessible voting system.
(a) Ensure that each polling place has at least one accessible voting system.
123:4 Repeal.
4 Repeal.
123:5 Effective Date.
5 Effective Date.
Approved:
July 03, 2024 Effective Date:
I.
Section 4 effective June 30, 2025 II.
Remainder effective January 1, 2025