SB 129-FN – AS AMENDED BY THE SENATE
03/30/11 1219s
2011 SESSION
03/04
SENATE BILL 129-FN
AN ACT relative to presenting photo identification to vote in person and relative to the election fund.
SPONSORS: Sen. Carson, Dist 14; Sen. Barnes, Jr., Dist 17; Rep. Tucker, Rock 17
COMMITTEE: Public and Municipal Affairs
This bill requires that a voter present a valid photo identification to vote in person or have his or her photograph taken by an election official to be kept on file. This bill also reduces the balance that the secretary of state is required to maintain in the election fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/30/11 1219s
11-0420
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to presenting photo identification to vote in person and relative to the election fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Election Fund. Amend RSA 5:6-d, III to read as follows:
III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of voting equipment which complies with Help America Vote Act of 2002, Public Law 107-252, election law enforcement, and improvements to related information technology, including acquisition and operation of an automated election management system. The secretary of state shall not expend any monies in the election fund unless the balance in the fund following such expenditures shall be at least [15] 12 times the estimated annual cost of maintaining the programs established to comply with the Help America Vote Act of 2002, Public Law 107-252.
2 Obtaining a Ballot. Amend RSA 659:13 to read as follows:
659:13 Obtaining a Ballot.
I. A person desiring to vote shall, before being admitted to the enclosed space within the guardrail, [announce his or her name to one of the ballot clerks who shall thereupon repeat the name] approach the ballot clerk to check in. The ballot clerk shall request that the voter present a valid photo identification meeting the requirements of paragraph II. The ballot clerk shall announce the name of the voter; and, if the name is found on the checklist by the ballot clerk, the ballot clerk shall put a checkmark beside it and again repeat the name. The ballot clerk shall state the address listed on the checklist for the voter, and ask if the address is correct; if the address on the checklist is not correct, the ballot clerk shall correct the address in red on the paper checklist and the supervisors of the checklist shall cause the centralized voter registration database to reflect the correction. The voter, if still qualified to vote in the town or ward and having presented a valid photo identification verifying the voter’s identity, and unless challenged as provided for in RSA [659:27-33] 659:27 through 659:33, shall then be allowed to enter the space enclosed by the guardrail. After the voter enters the enclosed space, the ballot clerk shall give the voter one of each ballot to be voted on in that election which shall be folded as it was upon receipt from the secretary of state.
II. A valid photo identification shall satisfy all the following:
(a) The identification shows the name of the individual to whom the identification was issued, and the name substantially conforms to the name in the individual’s voter registration record.
(b) The identification shows a photograph of the individual to whom the identification was issued.
(c) The identification includes an expiration date, and the identification is not expired.
(d) The identification was issued by the United States, the state of New Hampshire, a political subdivision of the state of New Hampshire, an educational institution licensed or approved by the postsecondary education commission, or a business or institution recognized by local election officials.
III. If a voter does not have a photo identification that satisfies the requirements of paragraph II, the photo identification requirement may be satisfied by having a digital photograph of the voter taken by an election official to be kept on file.
3 New Sections; Authority of Secretary of State. Amend RSA 659 by inserting after section 13-a the following new sections:
659:13-b Emergency Authority for the Secretary of State. The secretary of state may suspend the photo identification provisions of RSA 659:13 to the extent necessary to accommodate equipment or software failure, power outages, or other unforeseen situations that prevent the provisions of RSA 659:13, III from being carried out.
659:13-c Authority to Expend Moneys From the Election Fund. The secretary of state may expend moneys from the election fund established under RSA 5:6-d for the purpose of purchasing equipment and implementing improvements to information technology that may be required by RSA 659:13, III.
4 Requesting Photo Identification. At any election prior to October 1, 2012, when issuing a ballot pursuant to RSA 659:13, the ballot clerk shall request that the voter present a valid photo identification issued by the United States, the state of New Hampshire, a political subdivision of the state of New Hampshire, an educational institution licensed or approved by the postsecondary education commission, or a business or institution recognized by local election officials. If the voter does not have a photo identification requested under this section, the ballot clerk shall inform the voter that such a photo identification will be required in future elections in order to vote.
5 Effective Date.
I. Section 2 of this act and RSA 659:13-b as inserted by section 3 of this act shall take effect October 1, 2012.
II. The remainder of this act shall take effect 60 days after its passage.
LBAO
11-0420
Amended 04/15/11
SB 129 FISCAL NOTE
AN ACT relative to presenting photo identification to vote in person and relative to the election fund.
FISCAL IMPACT:
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The Department of State states this bill, as amended by the Senate (Amendment #2011-1219s), will have an indeterminable impact on state expenditures in FY 2012 and each year thereafter. The New Hampshire Municipal Association states this bill will have an indeterminable impact on local expenditures. There will be no impact on state, county or local revenues, or county expenditures.
METHODOLOGY:
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The New Hampshire Municipal Association states this bill requires all voters to present photo identification to voter and if the voter does not present a valid identification, the requirement may be satisfied by having an election official take a digital photograph of the voter. The Association states this process would increase the workload for the election officials and municipalities may need to respond by either appointing additional election officials or by extending polling hours. The Association states in either case there likely would be an increase in local expenditures by an indeterminable amount.
The Department of State states this bill adds a requirement for digital photographs of voters to be placed on file. The Department state there is no system currently in place to fulfill this requirement and estimates the cost of implementation to be between $1,000 and $3,000 per polling place. The Department states there is approximately 330 polling places in the state and projects the total implementation cost to fall between $330,000 ($1,000 X 330) and $990,000 ($3,000 X 330). The Department also states annual costs for training could be as much as $50,000 per year. The Department states the source of funds for digital photography and filing capability would be from the election fund established in RSA 5:6-d.
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