Voter Identification Bill Raises Major Concerns By a vote of 13-5, the House Election Law Committee voted this week to recommend
SB 129, requiring all voters to present a valid photo ID to obtain a ballot, as
“ought-to-pass-with amendment.” The committee amendment removes the Senate
provision that would allow anyone without a photo ID to vote if the voter permits
election officials to take a digital picture of him or her, and replaces it with a provisional
ballot process.
To prevent any qualified voter from being turned away at the polls, the committee
amendment allows for provisional balloting if a voter has not presented a valid
photo identification. Ballot clerks will process provisional ballots in a manner similar
to absentee ballots. Upon voting, the voter will seal the provisional ballot and
include an affidavit containing the same information as the affidavit of a challenged
voter. Once the voter has confirmed his or her identity by showing a valid photo
ID within three days, the ballot will be verified by the city or town clerk. Verified
provisional ballots will be forwarded to the moderator, who will prepare an
amended election return.
The committee amendment also narrows the definition of a valid photo ID to include
only an identification issued by the United States or the State of New Hampshire,
or a valid state driver’s license (which presumably could be an out-of-state
license, assuming the voter is otherwise qualified). The Senate version had permitted
identifications issued by businesses, educational institutions, or other institutions
recognized by local election officials. One advocacy group, America Votes,
estimates that there are 42,000 New Hampshire voters who do not possess a New
Hampshire driver’s license or non-driver photo identification.
Unfortunately, this bill keeps getting worse. We remain concerned about the disruption
it will cause at the polls, requiring more time for every voter to check in, and
significantly more time for those who neglect to bring a photo ID or who do not
possess one. Further, the three-day period for confirmation of provisional
ballots will cause significant problems because it runs concurrently with the
three-day period (under RSA 660:1 and 669:30) for a candidate to request a
recount. If the final vote tally is not known until the provisional ballots are counted
on the Friday after a Tuesday election, how will a candidate know whether to request
a recount by the same Friday deadline? This seems like a formula for chaos.
In addition, the Election Law Committee’s deliberations raised many unanswered
questions. Among them are questions of constitutionality and whether instituting
provisional balloting may trigger certain federal requirements.
The full House will vote on the bill on Wednesday, May 4. If you have concerns
about how it may affect elections in your municipality, please contact your representatives
before then.
cuts in the state budget it makes little sense to add a million
dollars to make certain that all voters provide a photo identification.
Surely time can be spent solving our fiscal woes, not adding red tape
to ordinary citizens exercising their right to vote.
Sent from my Verizon Wireless BlackBerry
Sent: Tue 5/3/2011 4:52 PM
To: ~All Representatives
Subject: Defeat SB129 - Why Make Voting Harder for Citizens
SB129 will require everyone to provide a photo ID in order to vote. It is a sneaky way for the Legislature to get around the revolt that ensued when they tried to prevent college students from voting in NH. It will cost the state about $1M to enforce and it is not necessary. It is a blatant attempt to harass and intimidate students, the elderly and other groups who tilt Democratic etc. I urge you to vote against this and other legislation that disenfranchises NH citizens.
An Angry NH Voter,
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