HB223: eliminating election day voter registration.

HB 223-FN – AS INTRODUCED

2011 SESSION

11-0714

03/09

HOUSE BILL 223-FN

AN ACT eliminating election day voter registration.

SPONSORS: Rep. Sorg, Graf 3

COMMITTEE: Election Law

ANALYSIS

This bill eliminates election day voter registration.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0714

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT eliminating election day voter registration.

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

1 Voter Registration Form. Amend RSA 654:7 to read as follows:

654:7 Voter Registration Form. A standard registration application form shall be used throughout the state. The registration form shall be no larger than 8 inches by 11 inches. The secretary of state shall prescribe the form of the voter registration form, which shall be in substantially the following form:

Date

VOTER REGISTRATION FORM

(Please print or type)

1. Name

Last (suffix) First Full Middle Name

2. Address

Street Ward Number

Town or City Zip Code

3. Mailing Address if

different than in 2 Street Ward Number

Town or City Zip Code

4. Place and Date of Birth

Town or City State

Date _

5. If a naturalized citizen, give name of court where and date when naturalized

6. Place last registered to vote _

Town or City

Street Ward Number

7. Name under which previously registered, if different from above

8. Party Affiliation (if any) _

9. Driver’s License Number _State _

If you do not have a valid driver’s license, provide the last four digits of your social security number _ _ _ _

My name is _. I am today registering to vote in the city/town of , New Hampshire.

I understand that to vote in this city/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this city/town.

[I understand that I can claim only one city/town as my domicile at a time. A domicile is that place, more than any other, where I sleep most nights of the year, or to which I intend to return after a temporary absence. By registering or voting today, I acknowledge that I am not registering to vote or voting in any other city/town.]

A domicile for voting purposes is the most recent place where I as an adult or where my parents or legal guardians with whom I resided as a minor established a physical presence manifesting an intention to maintain that place as my and/or their principal and continuous place of physical presence for domestic, social, and civic purposes.

I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town[, and, if registering on election day, that I have not voted and will not vote at any other polling place this election].

_ _

Date Signature

In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.

2 Determining Qualifications of Applicant. Amend RSA 654:12, V(a) to read as follows:

V.(a) The election official approving the application for registration as voter of a person who does not present an approved form of photo identification as proof of identity when registering, shall mark the voter registration form to indicate that no photo identification was presented. The person entering the voter information into the centralized voter registration database shall determine if the person is listed in the system as having been previously registered in the town or ward reported by the applicant on the voter registration form. If the person is a new registrant who has not been previously registered anywhere in New Hampshire or if the centralized voter registration database does not confirm a previous registration claimed on the voter registration form, the election official shall cause the record created in the centralized voter registration database to indicate that the person is a new applicant in New Hampshire and that no photo identification was presented. [When municipalities enter information on people who register on election day into the centralized voter registration database, to the extent practical applicants who are registering for the first time in New Hampshire and who also register without presenting an approved photo identification shall be entered first.]

3 Appointment. Amend RSA 658:7 to read as follows:

658:7 Appointment. For all state elections, the moderator is authorized to appoint an assistant moderator who shall take the oath of office in the same manner as the moderator. The moderator may also appoint such other election officials as he or she deems necessary and request the town clerk to appoint an assistant town clerk. The assistant moderator, assistant town clerk, and said other election officials shall take the oath of office and perform such duties and have such powers as the moderator may delegate to them, except that the power of making the declaration of the vote cast shall not be delegated to them. [The supervisors of the checklist are authorized to appoint assistant supervisors of the checklist who shall be assistant election officials and have the powers of supervisors for the purpose of registering voters on election day.] The provisions of this section shall apply only to the appointment of assistant election officials to serve at the central polling place. Appointment of officers to act at additional polling places shall be accomplished as provided in RSA 658:14.

4 Statutes Posted; References Deleted. Amend RSA 658:29 to read as follows:

658:29 Statutes Posted. The secretary of state shall prepare and distribute copies of the following RSA sections which the selectmen shall post or cause to be posted outside the guardrail in the polling place at all elections: [RSA 654:7-a, RSA 654:7-b;] RSA 659:27, RSA 659:30, RSA 659:31, RSA 659:32, RSA 659:34, RSA 659:35, RSA 659:37, RSA 659:38, RSA 659:40, RSA 659:41, RSA 659:103; RSA 666:4, RSA 666:5, RSA 666:8. In addition, the secretary of state shall include any other statutes or regulations that are required to be posted by state or federal law. The secretary of state may also include statutes or regulations that, in the secretary of state's judgment, would aid a voter in casting a vote or in contacting the appropriate official if the voter believes that his or her voting rights are being violated.

5 Penalties for Voter Fraud. Amend RSA 659:34, I(a) to read as follows:

(a) When registering to vote; when obtaining an official ballot; or when casting a vote by official ballot, makes a false material statement regarding his or her qualifications as a voter to an election officer or submits a voter registration form, [an election day registration affidavit,] a qualified voter affidavit, a domicile affidavit, or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter;

6 Neglect by Moderator and Clerk. Amend RSA 659:77, IV to read as follows:

IV. An election monitor appointed under paragraph III shall have full access to the polling place, including authority to directly observe [the registration of voters on election day,] the checking in of voters by inspectors of elections, assistance to voters with disabilities, the use of the accessible voting system, the receipt of ballots, the processing of absentee ballots, and the counting of ballots, and may handle marked ballots for the purposes of instruction during the counting and tabulating process.

7 Preparation of Special Ballots. Amend RSA 668:5 to read as follows:

668:5 Preparation of Special Ballots. For any state election, the secretary of state shall prepare special ballots for the voters of all unincorporated places. For purposes of this section, “special ballots” shall mean the ballots to be used by all unincorporated places in the same state representative district as opposed to separate ballots for each unincorporated place. These special ballots shall have no location printed on them, but shall have a space where the name of an unincorporated place shall be entered by the town clerk of the designated town. The secretary of state shall print only the names of candidates for offices for which the voters of the unincorporated place are entitled to vote, as provided in RSA 668:4. It shall be the duty of the town clerk to make ready in advance a sufficient number of ballots for each person on the official checklist of the unincorporated places. [If it is necessary because of election day registrations, extra ballots shall be prepared and the number attested to at the end of the voting.] In all other respects, such special ballots shall be printed and forwarded to the town clerk in the same manner as the other ballots for the designated town.

8 Repeal. The following are repealed:

I. RSA 654:7-a, relative to election day registration.

II. RSA 654:7-b, relative to effect of registration on election day.

III. RSA 654:7-c, relative to observation of voter registration.

IV. RSA 654:12, V(b), relative to letter of identity verification.

V. RSA 659:27, III, relative to challenges at voter registration table.

VI. RSA 659:73, I(r), relative to report of registrations.

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

LBAO

11-0714

Revised 03/16/11

HB 223 FISCAL NOTE

AN ACT eliminating election day voter registration.

FISCAL IMPACT:

The Department of State, Department of Justice, Department of Safety, New Hampshire Municipal Association, and Department of Health and Human Services state this bill will increase state general fund, state highway fund, and local expenditures by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on county expenditures, or state, county, and local revenues.

METHODOLOGY:

The Department of State states this bill eliminates election day voter registration. The Department also states under this bill New Hampshire would no longer be exempt from the National Voter Registration Act (NVRA) and therefore the Department of Safety, Department of Health and Human Services, and Department of Education would necessarily become voter registration agencies. The Department anticipates it will need to provide training to these agencies, town officials, and the general public, requiring a training coordinator, three program assistants, and a secretary. Additionally, the Department estimates it will require a supervisor to oversee management of the NVRA requirements and a systems development specialist to address related information technology needs. Under this bill, the Secretary of State will print and make available provisional ballots for voters who did not register 30 days prior to the election and one part-time position will be required to process those provisional ballots. Finally, the Department would print and mail forms, informational brochures, and training manuals to reach voters. The Department estimates these costs as follows:

FY 2012

FY 2013

FY 2014

FY 2015

Training Coordinator Salary (LG 21)

37,489

39,390

41,087

42,744

Training Coordinator Benefits

23,149

25,132

27,263

29,577

Program Assistant x 3 (LG 15) Salary + Benefits

153,947

163,333

173,204

183,854

Secretary Salary (LG 9)

23,712

24,628

25,584

27,514

Secretary Benefits

20,399

22,192

24,177

26,545

Supervisor Salary (LG 27)

48,770

50,915

53,138

55,497

Supervisor Benefits

25,400

27,426

29,663

32,116

Systems Development Specialist Salary (LG 23)

41,086

42,842

44,752

46,722

Systems Development Specialist Benefits

23,867

25,819

27,993

30,369

Salary and Benefits Subtotal

397,819

421,677

446,861

474,938

Current Expenses (fuel, equipment maintenance)

6,000

9,000

9,000

9,000

Equipment (two vehicles @ $13,335, office furniture and office equipment)

56,670

0

0

0

Office Space (750 sq ft @ $18)

13,500

13,500

13,500

13,500

In-State Travel

4,000

4,000

4,000

4,000

Printing and Postage

200,000

200,000

200,000

200,000

Provisional Ballots (200,000 @ $0.50 each)

100,000

200,000

0

200,000

Software Upgrades and Maintenance

1,000,000

180,000

180,000

180,000

Part-time Provisional Ballot Processing ($30 per hour @ 80 hours per election)

24,000

48,000

0

48,000

Total

1,801,989

1,076,177

853,361

1,129,438

The Department of Justice estimates this bill would require 20 percent of the time of one Assistant Attorney General in litigation following passage of the bill for approximately one year at a cost of $19,580 in FY 2012 ($66,950 full-time attorney salary + $30,952 benefits = $97,902 * 20 percent).

The Department of Safety states this bill would require the Division of Motor Vehicles to have a significant role in voter registration to comply with NVRA, which requires states to provide individuals with the opportunity to register to vote at the same time they apply for or renew a driver’s license. The Department would be responsible for providing information on the voter-registration application process; creating, distributing, and processing voter-registration application forms; accepting and transmitting completed voter-registration applications to the appropriate election official within a prescribed timeframe. The Department estimates implementation of this bill will require a consultant for programming, new forms, postage and transmittal, and two full-time and one half-time counter clerks (at labor grade 9) to process the voter registration forms. The Department estimates these costs as follows:

FY 2012

FY 2013

FY 2014

FY 2015

Counter Clerk (Labor Grade 9)

23,712

24,629

25,584

26,540

Social Security (6.2%)

1,470

1,527

1,586

1,706

Medicare (1.45%)

344

357

371

399

Retirement (12.31%)

2,919

3,019

3,137

3,373

Life Insurance

20

20

20

20

Dental

937

984

1,033

1,085

Health

14,709

16,285

18,030

19,962

Subtotal Full-Time Salary and Benefits

44,111

46,821

49,761

53,085

Clerk Subtotal (x Two FTE)

88,222

93,642

99,522

106,170

Part-time Clerk (at 50%)

11,856

12,314

12,792

13,757

Part-time Clerk Benefits (at 7.65%)

907

942

979

1,052

Salary and Benefits Total

100,985

106,898

113,292

120,979

Consultant Programming Costs (750 hours at $150/hour)

112,500

0

0

0

Form Changes

10,000

0

0

0

Information Transmission

50,000

50,000

50,000

50,000

Total

$273,485

$156,898

$163,292

$170,979

The New Hampshire Municipal Association states under this bill municipal welfare offices would be required to provide voter registration services and municipalities would be required to process provisional ballots which continue to come in after the election. While this bill would eliminate the need to have election officials available to assist with registration at the polls on election day, the Association states this bill will result in a net increase in local expenditures by an indeterminable amount in FY 2012 and each year thereafter. However, because the Association cannot predict the cost to provide voter registration services, the exact fiscal impact cannot determined at this time.

The Department of Health and Human Services states under this bill all offices offering public assistance would be required to provide voter registration services. The Department states this bill will increase state expenditures by an indeterminable amount in FY 2012 and each year thereafter. The Department anticipates the impact of adding non-benefit related responsibilities would be significant; however, because the Department cannot predict the cost to provide voter registration services, the exact fiscal impact cannot determined at this time.

The Department of Education states this bill will have no fiscal impact on state or local funds in FY 2012 and each year thereafter.