SB 94 - AS AMENDED BY THE SENATE
5/20/99 0969s
5/20/99 1359s
1999 SESSION
SENATE BILL 94
AN ACT relative to absentee voter affidavits.
SPONSORS: Sen. Trombly, Dist 7; Rep. Buckley, Hills 44
This bill eliminates the affidavits that are required to be submitted with absentee voter ballots and establishes affidavits to be included with absentee voter applications.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5/20/99 0969s
5/20/99 1359s
99-0851
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT relative to absentee voter affidavits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Elections; Absentee Voting; Application; Forms; Affidavit Added. Amend RSA 657:4 to read as follows:
657:4 Forms. Prior to any state election, the secretary of state shall prepare the appropriate application forms for absentee ballots worded as follows in such quantity as he deems necessary:
I. For the state primary election: Absence (Excluding Absence Due to Residence Outside the Continental United States), Religious Observance, and Disability:
To the city or town clerk of ................................
I, ........................... , hereby apply for an official absentee ballot for the ............................ party at the state primary election. I am a duly qualified voter, am registered as a member of the ................... party, (or I am now applying for a ............. ballot), and am entitled to vote in ward ............, city or town of ......................... . Mail absentee ballot to ................................................................ .
....................................
Signature
....................................
Street and Number
....................................
City or Town, State and Country
(a) Absence from City or Town. A person voting by absentee ballot because of absence from the city or town in which the person is entitled to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties of perjury that I am a duly qualified voter in the city or town of ............................. , New Hampshire, in ward .......................................... ; and that I will be absent on election day from said city or town and will be unable to vote in person.
(Signature) ......................................
(b) Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability shall fill out and sign the following certificate:
I do hereby certify under the penalties of perjury that I am a duly qualified voter in the city or town of ..........................., New Hampshire, in ward .................................. ; and that I will be observing a religious commitment which prevents me from voting in person or that on account of physical disability I am unable to vote in person.
(Signature) ......................................
II. For the state general election: Absence (Excluding Absence Due to Residence Outside the Continental United States), Religious Observance, and Disability:
To the city or town clerk of ......................................
I, .............................. , hereby apply for an official absentee ballot. I am a duly qualified voter and entitled to vote in ward ................. , city or town of ................................. .
Mail absentee ballot to .................................................. .
....................................
Signature
....................................
Street and Number
....................................
City or Town, State and Country
(a) Absence from City or Town. A person voting by absentee ballot because of absence from the city or town in which the person is entitled to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties of perjury that I am a duly qualified voter in the city or town of ............................. , New Hampshire, in ward .......................................... ; and that I will be absent on election day from said city or town and will be unable to vote in person.
(Signature) ......................................
(b) Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability shall fill out and sign the following certificate:
I do hereby certify under the penalties of perjury that I am a duly qualified voter in the city or town of ..........................., New Hampshire, in ward .................................. ; and that I will be observing a religious commitment which prevents me from voting in person or that on account of physical disability I am unable to vote in person.
(Signature) ......................................
III. For the state primary and state general election:
(a) Absence Due to Residence Outside the Continental United States:
To the city or town clerk of ......................................
I, ................................... , hereby apply for an official absentee ballot. I am a duly qualified voter and entitled to vote in ward ................ , city or town of ............................... .
Mail absentee ballot to .................................................. .
....................................
Signature
....................................
Street and Number
....................................
City or Town, State and Country
(b) Overseas Voting:
To the city or town clerk of ......................................
I, .................................... , hereby apply for an official overseas citizens federal election absentee ballot. I am a duly qualified overseas voter and entitled to vote in federal elections held in the city or town of ........................... . Mail overseas citizens federal election absentee ballot to ...................................... .
....................................
Signature
....................................
Street and Number
....................................
City or Town, Province, Country
(1) For Voters Who Are Registered.
Overseas Citizen. A person desiring to vote by overseas citizens federal election absentee ballot who is a registered voter in the town or city in which the person desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties of perjury that I am a duly qualified overseas citizen voter registered as such in the city or town of ........................ , New Hampshire.
(Signature) ..............................
(2) For Voters Not Registered. A person desiring to vote by overseas citizens federal election absentee ballot who is not registered as such in the town or city in which the person desires to vote shall fill out and sign the following certificate:
I do hereby certify under penalty of perjury that I am a qualified federal overseas voter, that I am at least 18 years of age and a citizen of the United States; and that my last domicile within the United States was in New Hampshire at the following address:
street and number ...............................................
city or town ....................................................
I am not registered to vote in any state and am not voting in any other manner in this election.
.............................
Signature of Voter
(c) Armed Services Voting:
To the town or city clerk of ......................................
I, .................................. , hereby apply for an official armed services absentee ballot. I am:
a. A member of the armed forces of the United States. ( )
Service Organization ....................................
b. A member of the merchant marine of the United States. ( )
c. A civilian employee of the United States government serving outside the
United States. ( )
d. A member of a religious group or welfare agency assisting members of the
armed forces. ( )
Organization .........................................
e. A spouse or dependent of a person listed in a, b, c, or d above. ( )
My complete service address is:
...........................................................
...........................................................
...........................................................
...........................................................
My (non-military) domicile in New Hampshire immediately prior to
such service was: street and number ................................... city or town .............................................................
...............................
Signature of Applicant
(1) For Voters Who Are Registered. A person voting by armed services absentee ballot who is a registered voter in the town or city in which the person desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties of perjury that I am a duly qualified voter in the city or town of ............................. , New Hampshire, in ward .............................; and that I will be absent on election day from said city or town and will be unable to vote in person.
(Signature).................................
(2) For Voters Not Registered. A person voting by armed services absentee ballot who is not registered in the town or city in which the person desires to vote shall fill out and sign the following certificate:
I do hereby certify under penalty of perjury that I am a qualified armed services voter under the laws of the state of New Hampshire, that I am at least 18 years of age and a citizen of the United States; and that, immediately prior to my service, my domicile was in New Hampshire at the following address: street and number ...................................., city or town ........................................... I am not registered to vote in any state and am not voting in any other manner in this election.
............................................
Signature of Voter
2 Elections; Absentee Voting; Absentee Ballots and Related Materials; Absence, Religious Observance, and Disability; Envelopes; Affidavit Removed. Amend RSA 657:7, II-III to read as follows:
II. [Affidavit] Envelopes of sufficient size to contain the ballots [on which shall be printed the following:
(a) Absence from City or Town. A person voting by absentee ballot because of absence from the city or town in which he is entitled to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties of perjury that I am a duly qualified voter in the city or town of ............................. , New Hampshire, in ward .......................................... ; that I will be absent on election day from said city or town and will be unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).
......................................
Signature)
(b) Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability shall fill out and sign the following certificate:
I do hereby certify under the penalties of perjury that I am a duly qualified voter in the city or town of ..........................., New Hampshire, in ward .................................. ; that I will be observing a religious commitment which prevents me from voting in person or that on account of physical disability I am unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).
(Signature) ...................................... ].
III. Return envelopes of size sufficient to contain the preceding envelope addressed to the town and city clerks of the state in which absentee voters shall return their ballots. On the envelopes shall be printed "Enclosed is the ballot of an absentee voter" and, [at the top] on the back thereof, [4] 5 blank spaces with the words "Name, Voting Address, Ward, Town or City, I do hereby certify under penalties of perjury that I personally marked the ballot within and sealed it in the envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind)" appropriately printed thereon.
3 Elections; Absentee Voting; Absentee Ballots and Related Materials; Overseas Voting; Envelopes; Affidavit Removed. Amend RSA 657:8, II to read as follows:
II. [Affidavit] Envelopes of sufficient size to contain the ballots [on which
shall be printed the following:
(a) For Voters Who Are Registered.
Overseas Citizen. A person desiring to vote by overseas citizens federal election absentee ballot who is a registered voter in the town or city in which he desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties of perjury that I am a duly qualified overseas citizen voter registered as such in the city or town of ........................ , New Hampshire; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the overseas citizens federal election ballot herein enclosed and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).
(Signature) ..............................
(b) For Voters Not Registered. A person desiring to vote by overseas citizens federal election absentee ballot who is not registered as such in the town or city in which he desires to vote shall fill out and sign the following certificate:
I do hereby certify under penalty of perjury that I am a qualified federal overseas voter, that I am at least 18 years of age and a citizen of the United States; and that my last domicile within the United States was in New Hampshire at the following address:
street and number ...............................................
city or town ....................................................
I am not registered to vote in any state and am not voting in any other
manner in this election.
.............................
Signature of Voter].
4 Elections; Absentee Voting; Absentee Ballots and Related Materials; Armed Services Voting; Envelopes; Affidavits Removed. Amend RSA 657:9, II to read as follows:
II. [Affidavit] Envelopes of sufficient size to contain the ballots [on which shall be printed the following:
(a) For Voters Who Are Registered. A person voting by armed services absentee ballot who is a registered voter in the town or city in which he desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties of perjury that I am a duly qualified voter in the city or town of ............................. , New Hampshire, in ward .............................; that I will be absent on election day from said city or town and will be unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).
(Signature).................................
(b) For Voters Not Registered. A person voting by armed services absentee ballot who is not registered in the town or city in which he desires to vote shall fill out and sign the following certificate:
I do hereby certify under penalty of perjury that I am a qualified armed services voter under the laws of the state of New Hampshire, that I am at least 18 years of age and a citizen of the United States; and that, immediately prior to my service, my domicile was in New Hampshire at the following address: street and number ...................................., city or town ........................................... I am not registered to vote in any state and am not voting in any other manner in this election.
............................................
Signature of Voter].
5 Elections; Absentee Voting; Procedure for Absence, Religious Observance, and Disability and Overseas Voting; Procedure by Voter; Affidavit Removed. Amend RSA 657:17 to read as follows:
657:17 Procedure by Voter. After marking the ballot, the voter or the person assisting a blind voter shall enclose and seal the same in the [affidavit] envelope. [The voter shall execute the affidavit on it.] The voter or the person assisting the blind voter shall enclose and seal said envelope in the return envelope. The voter shall then sign the envelope and endorse thereon his or her name, address, and voting place and shall mail the envelope, affixing postage, or personally deliver it to the city or town clerk from whom it was sent.
6 Elections; Absentee Voting; Procedure for Absence, Religious Observance, and Disability and Overseas Voting; Procedure by Clerk; Examination for Signature. Amend RSA 657:18 to read as follows:
657:18 Procedure by Clerk. Upon receipt of a return envelope purporting to contain an official absentee voting ballot, the clerk of the city or town shall examine the return envelope and may notify the voter if the return envelope is not signed. The clerk shall attach [thereto] the application for an absentee ballot submitted by said voter to the return envelope. All such envelopes shall be preserved unopened until election day.
7 Elections; Absentee Voting; Procedure for Armed Services and Federal Overseas Citizen Voting; Procedure by Voter; Affidavit Removed. Amend RSA 657:20 to read as follows:
657:20 Procedure by Voter. After marking [his] the ballot, an armed services voter or a federal overseas citizen voter shall seal the same in the [affidavit] envelope. [If he is a registered voter, he shall execute the appropriate affidavit and return the ballot as hereinafter provided. If the voter is not registered in the town in which he desires to vote, he shall execute the appropriate affidavit.] If the armed services voter or federal overseas citizen voter, because of blindness or other physical disability, is unable to mark [his] the ballot, an official empowered to administer oaths may assist [him] the voter to mark [his] the ballot as directed by the voter. The official shall then certify on the outside thereof that it was marked with [his] the official's assistance and shall thereafter give no information regarding the same. [Having executed the affidavit,] The voter shall enclose and seal said envelope in the return envelope. [He] The voter shall then sign the envelope and endorse thereon his or her name, address, and voting place and shall mail the envelope or personally deliver it to the city or town clerk from whom it was sent.
8 Elections; Absentee Voting; Procedure for Armed Services and Federal Overseas Voting; Registration of Voters; Affidavit Removed. Amend RSA 657:21 to read as follows:
657:21 [Registration of Voters] Receipt of Envelope. Upon receipt of a return envelope containing an armed services or overseas citizen federal election absentee ballot, the clerk of the city or town shall [open and retain said envelope and deliver the affidavit envelope to the supervisors of the checklist of the voting place indicated thereon. If the voter is not registered, the appropriate affidavit appearing on said envelope, if properly executed, shall be prima facie evidence of the voter's qualifications to become a voter and his name shall be added to the checklist. The supervisors of the checklist shall then return the affidavit envelopes unopened to the city or town clerk who shall see that they agree in number with the mailing envelopes. Said clerk shall attach the application for an armed services or overseas citizen federal election absentee ballot submitted by said voter to the 2 corresponding envelopes and] examine the return envelope and may notify the voter if the return envelope is not signed. The clerk shall retain [them] the return envelopes until election day.
9 Elections; Election Procedure; Processing Absentee Ballots; Affidavit and Signature Examinations Removed. Amend RSA 659:53 to read as follows:
659:50 Announcement by Moderator. The moderator shall begin processing absentee ballots by clearly announcing that he or she is about to open the envelopes which were delivered to him or her. The moderator shall then remove the [affidavit] envelope containing the ballots of each absentee voter and shall compare the signature on the [affidavit] envelope with the signature on the affidavit portion of the application for the ballot. If:
I. The name of the voter is on the checklist; and
II. The affidavit on the [envelope] application appears to be properly executed; and
III. The signature on the affidavit appears to be executed by the same person who signed the application; and
IV. The signatures appear to be the signatures of a duly qualified voter who has not voted at the election; then the moderator shall publicly announce the name of the absentee voter. If these conditions are not met, the moderator shall follow the procedure provided in RSA 659:53.
659:51 Challenges. All absentee ballots are subject to challenge after the moderator publicly announces the name of the absentee voter but not after the ballot is removed from the envelope. A person who makes a challenge shall state the reason for the challenge. If the ballot is challenged, the moderator shall write on the [affidavit] envelope containing the ballot the word "challenged" and the name and address of the person who makes the challenge and the basis of the challenge. The moderator shall also number each challenged envelope consecutively by marking, for example, the first challenged ballot "Challenged Ballot No. 1". The moderator shall then determine if the challenge to the ballot is well grounded. If the moderator decides the challenge is well grounded, [he] the moderator shall not open the envelope but shall preserve it with the other ballots cast at the election as provided in RSA 659:101. If the moderator decides that the challenge is not well grounded, [he] the moderator shall open the [affidavit] envelope [so the affidavit thereon is not destroyed] and proceed first to mark on the reverse of the folded ballot the corresponding challenge number as previously marked on the envelope. [He] The moderator shall then proceed to deposit the ballot as provided in RSA 659:52.
659:52 Opening Envelope; Depositing Ballot. If the absentee ballot is not challenged, the moderator shall, after announcing the name of the voter, open the [affidavit] envelope containing the ballot [so the affidavit on the envelope is not destroyed]. [He] The moderator shall then take the ballot out of the envelope without unfolding the ballot or without permitting the ballot to be examined, and [he] shall preserve the [affidavit] envelope with the ballots cast at the election as provided in RSA 659:101. The moderator shall then have a checkmark placed beside the name of the absentee voter on the checklist and write therewith the letters "A.V." in red ink and shall then deposit the ballot in the ballot box.
659:53 Forms Not in Order. If the moderator finds that the absentee voter is not entitled to vote, [he] the moderator shall not open the envelope and shall mark across the face of the envelope the reason the ballot is rejected, such as "rejected as not a voter", "voted in person", "affidavit improperly executed", "not signed by proper person", or whatever the reason is. The moderator shall save all the unopened envelopes and shall preserve the envelopes with the ballots cast at the election as provided in RSA 659:101.
10 Elections; Election Procedure; Preservation of Ballots and other Election Materials; Preservation of Absentee Voting Materials; Affidavit Removed. Amend RSA 659:101 to read as follows:
659:101 Preservation of Absentee Voting Materials. The [affidavit] envelopes and application forms processed by the moderator as provided in RSA 659:50 shall be preserved in the same manner as provided in RSA 659:95-100 for the preservation of official state election ballots.
11 Elections; Town Elections; By Official Ballot; Forms; Affidavit. Amend RSA 669:27, III-IV to read as follows:
III. [Envelopes of sufficient size to contain the ballots specified in paragraph I, on which shall be printed] The following affidavit to be included with the application:
Absence. A person voting by absentee ballot because of absence from the place in which [he] or she is entitled to vote shall fill out and sign the following certificate:
I do hereby certify, under the penalties of perjury, that I am a duly qualified voter in the town (city, village district, school district) of ....................................., New Hampshire, and that I will be absent on election day from said town (city, village district, school district) and will be unable to vote in person[; that I have carefully read the instructions forwarded to me with the ballot herein enclosed and that I personally marked the within ballot and enclosed and sealed it in this envelope].
(Signature)..........................................
Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability shall fill out and sign the following certificate:
I do hereby certify, under the penalties of perjury, that I am a duly qualified voter in the town (city, village district, school district) of .............................................., New Hampshire, and that I will be observing a religious commitment which prevents me from voting in person, or that on account of physical disability I am unable to vote in person[; that I have carefully read the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the within ballot and sealed it in this envelope].
(Signature) ............................................
IV. Return envelopes of size sufficient to contain the [affidavit envelopes] ballot, addressed to the clerk upon which shall be printed, "Enclosed is the ballot of an absentee voter", and [at the top] on the back thereof blank spaces for the name, address, [and] voting place, and signature of the sender, with the words "name," [and] "address," and "I do hereby certify under penalties of perjury that I personally marked the ballot within and sealed it in the envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind)" appropriately printed thereon.
12 Elections; Absentee Voting; Application; Procedure by Applicant; Incomplete Statement. Amend RSA 657:6 to read as follows:
657:6 Procedure by Applicant. An application form for an absentee ballot shall be mailed or delivered to any person who applies therefor to the secretary of state or to any town or city clerk. It shall be filled out by the applicant and sent to the clerk of the town or city in which he desires to vote. Alternatively, a person may apply for an official absentee ballot by sending to said clerk a written statement containing the information required by the appropriate paragraph of RSA 657:4, or by the federal post card application. If the written statement does not include the affidavit required by RSA 657:4, but contains all other information required by RSA 657:4, the statement shall be considered a properly executed application, and the clerk shall include with the ballot sent pursuant to RSA 657:15 an application form with the following instructions: "The affidavit on this form must be completed and signed according to law and returned with your ballot."
13 Effective Date. This act shall take effect 60 days after its passage.