HB820: relative to armed services and overseas voting.

HB 820-FN-LOCAL - AS INTRODUCED

2003 SESSION

03-0925

03/01

HOUSE BILL 820-FN-LOCAL

AN ACT relative to armed services and overseas voting.

SPONSORS: Rep. Wendelboe, Belk 29; Rep. Bicknell, Rock 73

COMMITTEE: Election Law

ANALYSIS

This bill authorizes electronic transmission of voting materials for armed services and overseas voters, and makes a variety of other changes to laws relative to armed services and overseas voting.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0925

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to armed services and overseas voting.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Voting Rights of Overseas Citizens. Amend RSA 654:3 to read as follows:

654:3 Voting Rights of Overseas Citizens. Notwithstanding any other provision of law to the contrary, any United States citizen being at least 18 years of age as provided in Article 11 of Part First of the Constitution of New Hampshire, who is domiciled in Canada or Mexico or in any other country outside the continental United States, shall have the right to register absentee to vote in any federal election in the town or city in New Hampshire in which [he had his domicile] the person was domiciled immediately prior to his or her departure from the United States, even though [he] the person no longer maintains domicile in said town or city and even though his or her intent to return thereto is uncertain, or, if the person has never been domiciled in the United States, in the town or city in New Hampshire in which the person's parent is a qualified voter, provided:

I. [He] The person complies with all other applicable requirements and qualifications of the state of New Hampshire; and

II. [He] The person is not domiciled and is not registered to vote in any other state or election district of a state or in any territory or possession of the United States; and

III. [He] The person has a valid passport or card of identity issued under the authority of the Secretary of State of the United States.

2 New Section; Federal Write-In Absentee Ballot. Amend RSA 657 by inserting after section 10-a the following new section:

657:10-b Federal Write-In Absentee Ballot. Notwithstanding any other provision of the election laws, a qualified armed services voter or federal overseas citizen voter may use the federal write-in absentee ballot for general, special, and primary elections for local, state, and federal offices. Such voter may use the federal write-in absentee ballot transmission envelope as a request for registration simultaneously with the submission of the federal write-in absentee ballot if:

I. The information submitted complies with the registration requirements of the state;

II. The voter is otherwise eligible to vote absentee in the city or town where the request is submitted; and

III. The appropriate clerk receives the request not less than 30 days before the election.

3 New Section; Electronic Transmission of Armed Services and Overseas Ballots. Amend RSA 657 by inserting after section 20 the following new section:

657:20-a Electronic Transmission of Armed Services and Overseas Ballots.

I. A town or city clerk may accept a request for an absentee ballot via facsimile or electronic mail from an armed services or overseas voter, and may accept a voted ballot pursuant to the provisions of this section.

II. The electronic or facsimile request for an absentee ballot shall include:

(a) The name of the voter requesting the ballot.

(b) The voter's town or ward of legal domicile in New Hampshire.

(c) The voter's date of birth.

(d) One of the following:

(1) If the voter wishes the ballot to be mailed, an APO/FPO or other deliverable overseas address.

(2) If the voter wishes the ballot be faxed, a facsimile machine number where return information will be received.

(3) If the voter wishes the ballot to be transmitted via electronic mail, the electronic mail address.

(e) For facsimile requests, the voter's signature.

III. Upon receipt of a request for a ballot under this section, the clerk shall verify the information provided by the armed services or overseas voter and may only provide an absentee ballot if the clerk determines that the armed services or overseas voter is a qualified and registered voter for the election. A request for a ballot to be faxed to the voter is valid for only the upcoming election or the one election specified by the voter.

IV. Upon verification of the armed services or overseas voter's eligibility, the clerk shall provide the appropriate absentee ballot, the instructions for voting and returning the ballot, and the voter's affidavit to the armed services or overseas voter by the means requested by the voter.

V. The clerk shall record the date the request was made, the way the ballot was sent to the voter, and the date the absentee ballot was mailed or transmitted to the voter.

VI. The clerk shall ensure that his or her transmitting and receiving equipment is in a secure location with access limited to employees of the clerk and that the ballot is sent directly to the address or number provided by the armed services or overseas voter. It is the voter's responsibility to ensure the security of the receiving facsimile machine or computer.

VII. An armed services or overseas voter may return a voted ballot by mail, by electronic mail, or by facsimile.

VIII. Armed services or overseas voters returning a voted absentee ballot by electronic mail or facsimile must send the ballot and the voter's affidavit directly to the electronic mail address or fax number provided by the clerk. In order for the ballot to be counted it must be received by the clerk no later than the time the polls close for the election. The following statement, which shall be certified by the voter's signature, shall accompany the electronically-mailed or faxed ballot: "I understand that by electronically-mailing or faxing a copy of my voted ballot I am voluntarily waiving my right to a secret ballot. At the same time, I pledge to place the original voted ballot in a secure envelope, together with any other required certification, and send the documents immediately by air mail to the appropriate city or town clerk."

IX. Armed services or overseas voters mailing back voted ballots received by electronic mail or facsimile shall seal the ballot in an unmarked envelope, which is the security envelope. The voter's affidavit and the security envelope should be placed in a separate ballot transmittal envelope for mailing. The ballot transmittal envelope should be marked "Absentee Ballot Enclosed."

X. The following instructions shall be sent to all armed services and overseas voters in addition to any other instructions required by the election laws:

(a) In order to ensure that your absentee ballot will be counted, it should be completed and returned as soon as possible so that it can reach the clerk of the city or town in which you are registered no later than 5:00 p.m. eastern daylight time on the day of the election.

(b) Mark your ballot in secret. You must mark your own ballot unless you are unable to do so because of blindness, disability, or inability to read or write.

(c) In order for your ballot to be counted, you must complete the voter's affidavit, which must include your signature.

(d) You may return your voted ballot by electronic mail, by facsimile, or by mail.

(e) You may fax your ballot and the voter's affidavit to the clerk at (fax phone number) or electronically mail your ballot and the voter's affidavit to the clerk at (electronic mail address). If you fax or e-mail your voted ballot, you will be voluntarily waiving your right to a secret ballot.

(f) To mail your ballot to the clerk:

(1) Place your marked ballot in a secrecy envelope. If the ballot was mailed to you by the clerk, use the envelope sent to you. If your ballot was faxed to you or sent by electronic mail, place your marked ballot in an unmarked envelope and seal the envelope.

(2) Insert the secrecy envelope inside a separate mailing envelope. If the ballot was mailed to you, use the mailing envelope provided and fill out the voter's affidavit on the back. If the ballot was faxed to you or sent by electronic mail, place the sealed secrecy envelope and the completed voter's affidavit in another envelope for mailing. Do not seal the voter's affidavit in the secrecy envelope with the ballot. Clearly mark the mailing envelope "Absentee Ballot Enclosed".

(3) Mail the ballot to the clerk. Be sure there is sufficient postage.

XI. If any absentee voter mails the voted ballot to the clerk in an envelope other than an absentee ballot envelope provided by the clerk, the clerk is authorized to open the mailing envelope to determine if the voter's affidavit is enclosed in the mailing envelope. If the voter's affidavit is not enclosed, the secrecy envelope containing the ballot shall not be opened and the envelope shall be marked "Rejected as Illegal." If the voter's affidavit is enclosed, the clerk shall verify the armed services or overseas voter's eligibility, and once verified, the ballot shall be processed as other absentee ballots.

XII. For each voted absentee ballot received from an armed services or overseas voter, the clerk shall record the date such ballot was received.

XIII. Upon receipt of a voted ballot transmitted by electronic mail or facsimile, the clerk shall enclose the ballot in an envelope and seal it. The voter's affidavit shall be attached to the envelope.

XIV. The clerk shall take the steps necessary to keep the voted ballots received by electronic mail and facsimile as confidential as possible.

4 Conformity with Federal Legislation; Emergency Authority. Amend RSA 657:25 to read as follows:

657:25 Conformity with Federal Legislation.

I. The secretary of state and all other appropriate officials or boards are hereby authorized to perform all acts which [he or] they may be authorized to perform by any federal statute affecting voting by those to whom the statute is applicable and to accept any federal funds which may be made available to defray any expense in connection therewith, insofar as the same may not be repugnant to the constitution of this state.

II. If a national or local emergency or other situation arises which makes substantial compliance with the provisions of the Uniformed and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of state may prescribe such special procedures or requirements as may be necessary to facilitate absentee voting by those citizens directly affected who otherwise are eligible to vote in the state.

5 Effective Date. This act shall take effect 60 days after its passage.

LBAO

03-0925

1/28/03

HB 820-FN-LOCAL - FISCAL NOTE

AN ACT relative to armed services and overseas voting.

FISCAL IMPACT:

Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.