HB651: relative to wrongful voting and penalties for voter fraud.

HB 651-FN - AS INTRODUCED

2017 SESSION

17-0536

03/08

HOUSE BILL 651-FN

AN ACT relative to wrongful voting and penalties for voter fraud.

SPONSORS: Rep. Bates, Rock. 7; Rep. Phinney, Straf. 24

COMMITTEE: Election Law

ANALYSIS

This bill includes in the wrongful voting prohibitions the providing of false proof of age, citizenship, or domicile; or falsely stating that another person is domiciled at one's address.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0536

03/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to wrongful voting and penalties for voter fraud.

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

1 Wrongful Voting. Amend RSA 659:34, I(f)-(g) to read as follows:

(f) Gives a false name or answer if under examination as to his or her qualifications as a voter before the supervisors of the checklist or moderator; [or]

(g) Presents falsified proof of identity, age, citizenship, or domicile at any election; or

(h) Falsely states or provides untrue documentation that another person is domiciled at his or her address.

2 Effective Date. This act shall take effect January 1, 2018.

LBAO 17-0536

1/20/17

HB 651-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to wrongful voting and penalties for voter fraud.

FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

Appropriation

$0

$0

$0

$0

Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch has provided the potential costs associated with these penalties below.

Judicial Branch

FY 2018

FY 2019

Class A Misdemeanor

$71

$72

Routine Civil Case (Civil actions)

$470

$477

Complex Equity Case (Civil penalty up to $5,000)

$734

$740

Appeals

Varies

Varies

It should be noted average case cost estimates for FY 2018 and FY 2019 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

This bill includes additional conduct under wrongful voting prohibitions, such as providing false proof of age, citizenship or domicile or falsely stating that another person is domiciled at one' s address. The bill does not alter the existing penalties, but expands the conduct that triggers penalties. The Judicial Council assumes the additional conduct would constitute a class A misdemeanor. The Council assumes the number of election law cases would be so small that the proposed changes would have no effect on Judicial Council expenditures.

The Department of Justice is responsible for the enforcement of election laws. The Department states there is currently one part-time attorney devoted to election work and no investigator. As a result, the Department has extremely minimal ability to respond to complaints of election law violations and cannot respond to all the ones it currently receives. The Department assumes passage of the bill may result in additional complaints of election law violations that will need to be investigated, but cannot estimate the extent of that increase.

There would be no impact on the Secretary of State's revenue or expenditures.

The New Hampshire Association of Counties determined this bill would not impact county revenue or expenditures.

The New Hampshire Municipal Association did not identify any impact on municipal revenues or expenditures.

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Secretary of State, New Hampshire Municipal Association, New Hampshire Association of Counties and Department of Justice