hb 0627

CHAPTER 289

HB 627-FN - FINAL VERSION

AN ACT relative to domicile for voting purposes, penalties for voter fraud, and access to preserved ballots.

SPONSORS: Rep. Drisko, Hills 46; Rep. Lockwood, Merr 35; Rep. Naro, Graf 15; Rep. Whalley, Belk 31; Sen. Roberge, Dist 9

III. Modifies the laws concerning domicile as it relates to voting and eligibility for office.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to domicile for voting purposes, penalties for voter fraud, and access to preserved ballots.

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

289:1 County Attorneys; Election, Temporary Vacancies. Amend RSA 7:33 to read as follows:

7:33 Election; [~~Vacancies~~] Temporary Vacancies. There shall be a county attorney for each county, who shall be a member of the New Hampshire bar, elected biennially by the [~~inhabitants~~] voters of the county. If the county attorney is absent at any term of court or unable to discharge the duties of the office, the superior court, acting as a body, shall appoint a county attorney, who shall be a member of the New Hampshire bar, for the time being and allow said appointee such compensation for his or her services as [~~they think reasonable~~] set by the county delegation.

289:2 Address Confidentiality Program for Victims of Domestic Violence, Stalking, or Sexual Assault; Voting by Program Participants. Amend RSA 7:46, I to read as follows:

I. A program participant who is otherwise qualified to vote may apply as [a] an absentee voter. The program participant shall automatically receive absentee ballots for all elections in the jurisdictions for which that individual [~~resides~~] is domiciled in the same manner as absentee voters pursuant to RSA 657:15. Notwithstanding RSA 654, neither the name nor the address of a program participant shall be included in any list of registered voters available to the public.

289:3 Powers and Duties of Towns; Emergency Borrowing; Method. Amend RSA 31:11 to read as follows:

31:11 Method. The power may be exercised in cities by a 2/3 vote of the city councils. It may be exercised by the selectmen of towns and the governing boards of districts without vote of the [~~inhabitants~~] voters in town or district meeting. Provided, that no sum in excess of $100,000 shall be so borrowed without vote of the city, town, or district.

39:5 Posting Warrant. The selectmen may address their warrant to the [~~inhabitants~~] voters of the town [~~qualified to vote in town affairs~~], in which case they shall post an attested copy of such warrant at the place of meeting, and a like copy at one other public place in the town, at least 14 days before the day of meeting. The 14 days shall not include the day of posting nor the day of the meeting, but shall include any Saturdays, Sundays, and legal holidays within the said period.

39:6 Warrant to Constable. Warrants for town meetings may be directed to a constable of the town, requiring [~~him~~] the constable to notify the [~~inhabitants~~] voters; and such constable shall post an attested copy of such warrant, as provided in [~~the preceding section~~] RSA 39:5.

44:7 General Elections. All meetings of the [~~inhabitants~~] voters for the election of county, state, or United States officers, who are voted for by the people, shall be held in their respective wards at the time legally appointed for those elections respectively.

289:7 Cities and Wards; Local Elections; Times. Amend RSA 44:11 to read as follows:

44:11 Times. The meeting of the [~~inhabitants~~] voters of each ward for the election of city and ward officers shall be held on such day as may be fixed by law or by ordinance of the city council but in no event shall it be held in conjunction with a biennial election; and all ward and city officers who are chosen by the people shall hold their respective offices for the term and from the day fixed by law or ordinance, and until others are appointed in their stead. The prohibitions in this section shall not apply to a special election held to fill a vacancy for the office of a city or a ward officer.

289:8 Powers of City Councils; Aldermen; General Meeting. Amend RSA 47:16 to read as follows:

47:16 General Meeting. The mayor and aldermen shall issue their warrant for a general meeting of the [~~inhabitants~~] voters, for any constitutional or legal purpose, whenever requested to do so, in writing, by 100 legal voters.

289:9 Municipal Charters; Scope of Authorization. Amend RSA 49-B:2, I to read as follows:

I. Any incorporated town or city, regardless of population, shall be entitled to exercise the home rule powers recognized by article 39, part first, of the New Hampshire constitution, and implemented through this chapter, to create a charter commission and to present to its [~~inhabitants~~] voters by referendum a municipal charter, in which they may establish either a town or city government.

289:10 Municipal Charter Revisions, Adoptions, Procedure; Petition Form. Amend RSA 49-B:3, III(b)(1) to read as follows:

(1) Petition forms shall carry the following legend in bold lettering at the copy of each form on the face thereof.

"Each of the undersigned voters respectfully requests the municipal officers to establish a charter commission for the purpose of revising the municipal charter or preparing a new municipal charter." Each signature affixed to a petition shall be in ink or other indelible instrument and shall be followed by the place of [~~residence~~] domicile of the voter with street and number, if any. No petition shall contain any party or political designation.

289:11 City Charters; Elections; Qualifications for Office. Amend RSA 49-C:9 to read as follows:

49-C:9 Qualifications for Office. No person shall be a candidate for the office of mayor, councilor-at-large, or alderman-at-large who is not a registered voter of the city. No person shall be a candidate for the office of ward alderman or ward councilor who is not a registered voter in the ward in which he or she seeks election. The charter may require a period of [~~bona fide residency~~] domicile of up to one year for eligibility to run for office.

289:12 Town Charters; Optional Forms of Legislative Body. Amend RSA 49-D:3, I(d) to read as follows:

(d) Using the guidelines established in RSA 49-C, the charter shall specify at-large or district representation or a combination thereof; the manner of filling vacancies; powers of nomination, appointment, and confirmation; requirements for attendance and quorum; any [~~residency~~] domicile or eligibility requirements of up to one year in the town or district and continued [~~residency~~] domicile during a term; specific procedures for the preparation, presentation, public hearing, and adoption of annual budgets and designation of a fiscal year; procedures for issuing bonds and notes pursuant to RSA 33:8-e; an annual municipal election date pursuant to RSA 669:1; bonding of certain town officials and employees where not required by general law; and requirements for periodic independent audits of all town financial matters by a certified public accountant.

289:13 Town Charters; Optional Forms of Legislative Body. Amend RSA 49-D:3, III(b) to read as follows:

(b) The charter shall specify the manner of district representation; the manner of filling vacancies; powers of nomination, appointment, and confirmation; requirements for attendance and quorum; any [~~residency~~] domicile or eligibility requirements of up to one year in the town or district and continued [~~residency~~] domicile during term; specific procedures for the preparation, presentation, public hearing, and adoption of annual budgets and designation of a fiscal year; an annual municipal election date pursuant to RSA 669:1; bonding of certain town officials and employees where not required by general law; and requirements for periodic independent audits of all town financial matters by a certified public accountant.

I. Upon the petition of 10 or more [~~legal~~] voters, [~~inhabitants of~~] persons domiciled in any village situated in one or more towns, the selectmen of the town or towns shall fix, by suitable boundaries, a district including such parts of the town or towns as may seem convenient, for any of the following purposes:

(d) The supply of water for domestic and fire purposes, which may include the protection of sources of supply;

(e) The construction and maintenance of sidewalks and main drains or common sewers;

(f) The construction, operation, and maintenance of sewage and waste treatment plants;

II. The [~~legal~~] voters [~~and inhabitants of~~] who are domiciled in any village shall cause a record of the petition, pursuant to paragraph I, and their proceedings thereon to be recorded in the records of the towns in which the district is situate.

289:15 Village Districts; Meeting to Consider. Amend RSA 52:2 to read as follows:

52:2 Meeting to Consider. Such selectmen shall also forthwith call a meeting of the [~~legal~~] voters [~~residing~~] domiciled in the district to see if they will vote to establish the district, and if so to choose necessary officers therefor. They shall call the meeting and give notice thereof as town meetings are called and warned, excepting that the warrant shall be posted at 2 or more public places in the district.

I. No village district shall raise or appropriate money, or reduce or rescind any appropriation of money previously authorized, at any special meeting of the [~~inhabitants~~] voters thereof except by vote by ballot, nor unless the ballots cast at such meeting shall be equal in number to at least 1/2 of the number of [~~legal~~] voters of such district at the regular meeting next preceding such special meeting; and if a checklist was used at the last preceding regular meeting the same shall be used to ascertain the number of [~~legal~~] voters in the district; and such checklist, corrected according to law, shall be used at such special meeting upon request of 10 [~~legal~~] voters. In case of an emergency arising in a district for which immediate expenditure of money is necessary, the district through its commissioners may appeal to the superior court for permission to hold a special district meeting which, if granted, shall give said meeting the same authority as the annual district meeting.

II. Ten days prior to petitioning the superior court, the district commissioners shall notify, by certified mail, the commissioner of the department of revenue administration that an emergency exists by providing [~~him~~] the commissioner with a copy of the explanation of the emergency, the warrant article or articles and the petition to be submitted to the superior court. The petition to the superior court shall include a certification that the commissioner of the department of revenue administration has been notified pursuant to this paragraph.

289:17 Village Districts; Changing Boundaries. Amend RSA 52:5, II-III to read as follows:

II. In the case of any district formed for the purpose of impoundment of water, any such change of boundaries shall be ratified before taking effect by the voters [~~residing~~] domiciled in the district and in any area proposed to be added to the district in the same manner as is required for the initial establishment of the district.

III. In the case of any district formed for the purpose of the supply of water for domestic and fire purposes, which may include the protection of sources of supply, any such change of boundaries shall be ratified before taking effect by the voters [~~residing~~] domiciled in the district and in any area proposed to be added to the district in the same manner as is required for the initial establishment of the district.

289:18 Cooperative School Districts; Powers; Checklists. Amend RSA 195:4, III to read as follows:

III. CHECKLISTS. At the meetings held in the preexisting districts for the purpose of accepting the articles of agreement, or any existing arrangements, and at the organization meeting of the cooperative school district the checklist for each preexisting district shall be used. The school board of any preexisting district which does not have a checklist shall make, post, and correct a list of the [~~legal~~] voters in the district for use at such meetings as supervisors are required to do in regard to the list of voters in their towns. Thereafter the cooperative school board shall make, post, and correct a list of the [~~legal~~] voters of the cooperative school district acting as supervisors are required to do, except that such list shall indicate with respect to each voter the preexisting district in which the voter [~~resides~~] is domiciled. Any 2 members of the cooperative school board shall constitute a quorum at sessions for the correction of the checklist. Notwithstanding the foregoing provisions whenever each of the preexisting school districts is coextensive with the town in which it is located the cooperative school district may, at an annual cooperative school district meeting, under an article in the warrant for such meeting, vote that the supervisors of each town, acting as the supervisors of the cooperative school district, shall make, post and correct in each preexisting district a checklist of the voters in each preexisting district and shall certify the making, posting, and correction of the checklist acting as supervisors of the cooperative school district. At each annual meeting for the election of officers of the cooperative district the checklists prepared by the supervisors in each preexisting district in accordance with the provisions of this paragraph shall be used and the town supervisors from each preexisting district shall attend such annual meeting. The voters of the cooperative district shall be those whose names appear on the checklists as provided by this paragraph. The supervisors shall be paid such compensation as the district may provide.

289:19 Cooperative School Districts; Powers of Superior Court as to Pre-existing Districts. Amend RSA 195:16-c to read as follows:

195:16-c Powers of Superior Court as to Pre-existing Districts. If there shall arise any occasion which shall require the doing of any act or thing by or in behalf of a pre-existing district which has ceased to exist by reason of its inclusion in a cooperative school district, the superior court shall have the power, upon application of 3 registered voters [~~residing~~] domiciled in the territory of the pre-existing school district, to appoint an agent who, subject to the approval of the superior court, shall have the power on behalf of and in the name of the pre-existing school district to do any act or thing that may be just under the circumstances.

197:5 Warning. School district meetings shall be warned by the school board, or, in cases authorized by law, by a justice of superior court, by a warrant addressed to the [~~inhabitants~~] voters of the district [~~qualified to vote in district affairs~~], stating the time and place of the meeting and the subject matter of the business to be acted upon. In all districts which have not adopted the provisions of this title providing for medical inspection in schools the warrant shall contain an article relating thereto.

289:21 Mosquito Control; Districts Established; Members. Amend RSA 430:14, I to read as follows:

I. Each mosquito control district shall be governed by a board or committee, consisting of 3 [~~qualified~~] voters [~~residing~~] domiciled in the district, appointed by the local governing body, one each for terms of one, 2, and 3 years. At the expiration of the terms of the members of the first board or committee, all appointments shall be for terms of 3 years and until their successors are appointed and qualified, but the individuals holding the appointment shall do so at the pleasure of the local governing body. At least one board or committee member should be a local governing body member; however, this one membership may be assigned. Vacancies shall be filled by the local governing body. Vacancies resulting for cause other than expiration of term shall be filled for the unexpired term.

289:22 Elected for 2-Year Term; County Commissioners. Amend RSA 653:1, VI, (d)-(i) to read as follows:

(d) Cheshire county--one county commissioner by the voters in each county commissioner district; provided that, at the 1980 state general election, no commissioner from district 1 shall be elected, the commissioner from district 2 shall be elected to a 4-year term and the commissioner from district 3 shall be elected to a 2-year term. At each subsequent state general election, 2 commissioners shall be chosen in the county by the [~~inhabitants~~] voters of the districts in which a commissioner's term is expiring; and, of the commissioners so chosen, one shall serve a 4-year term and one shall serve a 2-year term and both shall hold their offices until their successors are chosen and qualified. Following the 1980 state general election, the 4-year term shall be rotated in sequence starting with district 3.

(e) Sullivan county--one county commissioner from each county commissioner district by all the voters of the county; provided that, at the 1990 state general election, the commissioner from district 1 shall be elected to a 4-year term and the commissioners from districts 2 and 3 shall each be elected to a 2-year term. At each subsequent state general election, 2 commissioners whose terms are expiring shall be elected by all the voters of the county; and, of the commissioners so chosen, one shall serve a 4-year term and one shall serve a 2-year term and both shall hold their offices until their successors are chosen and qualified. Following the 1990 state general election, the 4-year term shall be rotated in sequence starting with district 2.

(f) Belknap county--one county commissioner by the voters in each county commissioner district; provided that, at the 1992 state general election, no commissioner from district 1 shall be elected, the commissioner from district 2 shall be elected to a 4-year term, and the commissioner from district 3 shall be elected to a 2-year term. At each subsequent state general election, 2 commissioners shall be chosen in the county by the [~~inhabitants~~] voters of the districts in which a commissioner's term is expiring; and, of the commissioners so chosen, one shall serve a 4-year term and one shall serve a 2-year term and both shall hold their offices until their successors are chosen and qualified. Following the 1992 state general election, the 4-year term shall be rotated in sequence starting with district 3.

(g) Rockingham county--one county commissioner by the voters in each county commissioner district; provided that, at the 1992 state general election, the commissioner from district 1 shall be elected to a 4-year term and the commissioners from districts 2 and 3 shall be elected to 2-year terms. At each subsequent state general election, 2 commissioners shall be chosen in the county by the [~~inhabitants~~] voters of the districts in which a commissioner's term is expiring; and, of the commissioners so chosen, one shall serve a 4-year term and one shall serve a 2-year term and both shall hold their offices until their successors are chosen and qualified. Following the 1992 state general election, the 4-year term shall be rotated in sequence starting with district 2.

(h) Merrimack county--one county commissioner by the voters in each county commissioner district in the county; provided that, at the 1996 state general election, the commissioner from district 1 shall be elected to a 4-year term and the commissioners from districts 2 and 3 shall be elected to 2-year terms. At each subsequent state general election, 2 commissioners shall be chosen in the county by the [~~inhabitants~~] voters of the districts in the county in which a commissioner's term is expiring; and, of the commissioners so chosen, one shall serve a 4-year term and one shall serve a 2-year term and both shall hold their offices until their successors are chosen and qualified. Following the 1996 state general election, the 4-year term shall be rotated in sequence starting with district 2.

(i) Coos county--one county commissioner by the voters in each county commissioner district; provided that, at the 1996 state general election, the commissioner from district 3 shall be elected to a 4-year term and the commissioners from districts 1 and 2 shall be elected to 2-year terms. At each subsequent state general election, 2 commissioners shall be chosen in the county by the [~~inhabitants~~] voters of the districts in the county in which a commissioner's term is expiring; and, of the commissioners so chosen, one shall serve a 4-year term and one shall serve a 2-year term and both shall hold their offices until their successors are chosen and qualified. Following the 1996 state general election, the 4-year term shall be rotated in sequence starting with district 1.

I. Every inhabitant of the state, having a [~~fixed and permanent~~] single established domicile for voting purposes, being a citizen of the United States, of the age provided for in Article 11 of Part First of the Constitution of New Hampshire, shall have a right at any meeting or election, to vote in the town, ward, or unincorporated place in which he or she is domiciled. [The determinant of one's domicile is a question of factual physical presence incorporating an intention to reside for an indefinite period. This domicile is the voter's residence to which, upon temporary absence, he has the intention of returning. This domicile is that place in which he dwells on a continuing basis for a significant portion of each year] An inhabitant's domicile for voting purposes is that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government. A person has the right to change domicile at any time, however a mere intention to change domicile in the future does not, of itself, terminate an established domicile before the person actually moves.

II. Any elected or appointed official for whom one of the qualifications for his or her position is eligibility to be a [~~legal~~] voter in the area represented or served shall be considered to have resigned if [he] the official moves his or her [~~residence~~] domicile so that he or she can no longer qualify to be a [~~legal~~] voter in the area represented or served. Any vacancy so created shall be filled as prescribed by law.

654:2 Temporary Absence. A domicile for voting purposes acquired by any person in any town shall not be interrupted or lost by a temporary absence therefrom with the intention of returning thereto as his or her [~~home~~] domicile. Domicile for the purpose of voting as defined in RSA 654:1, once existing, continues to exist until another such domicile is gained. Domicile for purposes of voting is a question of fact and intention. A voter can have only one domicile for these purposes. No person shall be deemed to have lost a domicile by reason of his or her presence or absence while employed in the service of the United States; nor while engaged in the navigation of the waters of the United States or of the high seas; nor while a teacher in or student of any seminary of learning; nor while confined in any public prison or other penal institution; nor while a patient or confined for any reason in any nursing, convalescent home or hospital, old folks or old age home, or like institution or private facility.

654:7 Voter Registration Form. A standard registration application form shall be used throughout the state. The registration form shall be [4] no larger than 8½ inches by [6] 11 inches [~~and shall be made in triplicate~~]. The secretary of state shall [~~provide for the preparation~~] prescribe the form of the voter registration form, which shall be in substantially the following form:

1. Name _________________________________________________________________________________

2. Address _______________________________________________________________________________

3. Mailing Address if _____________________________________________________________________

4. Place and Date of Birth ________________________________________________________________

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

6. Place last registered to vote _____________________________________________________________

_____________________________________________________________________________________________

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

8. Party Affiliation (if any) ________________________________________________________________

[I hereby swear, under penalty of perjury, that my permanent established domicile is at the above address, that I am a United States citizen, that I will be 18 years of age or older on election day, and that the information above is true and correct to the best of my knowledge and belief.

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 18 years of age, I must be a United States citizen, and I must be domiciled in this city/town.

I understand that a person can claim only one state and one city/town as his or her domicile at a time. A domicile is that place, to which upon temporary absence, a person has the intention of returning. By registering or voting today, I am acknowledging that I am not domiciled in any other state or any other city/town. I understand that if I am domiciled in another state or city/town, I may be entitled to vote in elections held within that state or city/town by absentee ballot.

In declaring New Hampshire as my domicile, I am subject to the laws of the State of New Hampshire which apply to all residents, including laws requiring me to register my motor vehicles and apply for a New Hampshire driver's license within 60 days of becoming a resident.

In declaring New Hampshire as my domicile, I realize that I may be forfeiting benefits or rights, including the right to vote in another state.

If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a supervisor of the checklist is available to address my questions or concerns.

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."

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.

289:26 Registering at the Polling Place; Election Day Registration. Amend RSA 654:7-a, II to read as follows:

II. Any person whose name is not on the checklist but who is otherwise a qualified voter shall be entitled to vote by requesting to be registered to vote at the polling place on election day. The voter may then vote at that election. The applicant [~~may~~] shall be required to produce appropriate proof of qualifications as provided in RSA 654:12. [~~The applicant shall complete an election day affidavit which shall be prescribed by the secretary of state, and which shall contain the following written oath or affirmation:~~

"I do hereby certify under penalty of perjury that to the best of my knowledge, I am a qualified voter, and that I am not disqualified on any ground from voting, and I have not voted and will not vote at any other polling place this election."

I. Any person qualified as a voter in a city whose name does not appear on the checklist where registration is required because the voter's voting [~~residence~~] domicile has changed from one ward in the city to another ward in the same city, and who is otherwise registered to vote in the election, may change voter registration at the office of the city clerk. A change in voter registration under this section shall be made no later than the final date set for correcting the checklist in the city. The city clerk [~~may~~] shall require the voter to provide acceptable proof of identification and acceptable proof of [~~residence~~] domicile.

654:11 Application to Supervisors. When the supervisors of the checklist receive a registration form from the town or city clerk or when an applicant submits the form to said supervisors in person at a session for the correction of the checklist, the supervisors of the checklist shall cause his or her name to be added to the checklist, unless [~~they are of the opinion~~] it is established that it is more likely than not that the applicant is not qualified to vote in the city or town under RSA 654:1 through 654:6. All decisions of the supervisors of the checklist shall be made by majority vote thereof.

289:29 Determining Qualifications of Applicant. Amend RSA 654:12 to read as follows:

I. When determining the qualifications of an applicant, the supervisors of the checklist, or the town or city clerk, [~~may~~] shall require the applicant to present proof of citizenship, age, and domicile, as provided in the following categories:

(a) CITIZENSHIP. The supervisors of the checklist, or the town or city clerk, shall accept from the applicant any one of the following as proof of citizenship: the applicant's birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, a citizenship affidavit, or any other reasonable documentation which indicates the applicant is a United States citizen. The citizenship affidavit shall be in the following form:

~~I further swear or affirm, under penalty of perjury, that the information above is true and correct to the best of my knowledge and belief.~~]

I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am a United States citizen and that to the best of my knowledge and belief the information above is true and correct.

[~~The penalty for perjury is a class B felony with a maximum sentence of imprisonment not to exceed 7 years and/or a fine not to exceed $4,000.~~]

On the date shown above, before me, _____________________________ (print name of notary public, justice of the peace, election officer), appeared ____________________________ (print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.

(b) AGE. Any reasonable documentation indicating the applicant is 18 years of age or older.

(c) DOMICILE. Any reasonable documentation which indicates that the applicant has a domicile and intends to maintain a domicile, [~~for an indefinite period~~] as defined in this chapter, in the town, city or ward in which he or she desires to vote, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, an affidavit [~~declaring that the applicant has a domicile and intends to maintain a domicile for an indefinite period in the town, city or ward in which he desires to vote.~~] in the following form:

Current Domicile Address: _________________________________________________________________

Date when current domicile was established: Month: ______________Year:___________________

Place and date of birth:_____________________________________________________________________

Address of last previous domicile: __________________________________________________________

I hereby swear and affirm, under the penalties for voting fraud set forth below, that my established domicile is at the current domicile address I have entered above and that to the best of my knowledge and belief the information above is true and correct.

II. The supervisors may refuse to add the name of an applicant to the checklist if he or she fails to present the evidence or an affidavit as required by this section. Without limiting the acceptance of other forms of proof of domicile or identity deemed reasonable by the supervisors:

(a) Any one of the following documents is presumptive evidence that the individual seeking to vote meets the domicile requirement, provided the document is currently valid, was issued to or in the name of the applicant, and shows the address the applicant claims as a domicile:

(3) Armed services identification, or other photo identification issued by the United States government.

(b) Any one of the following is presumptive evidence of the identity of an applicant sufficient to satisfy the identity requirement for an official authorized by RSA 659:30 to take the oath of an applicant swearing to a citizenship, domicile, or election day affidavit:

(2) United States passport, armed services identification, or other photo identification issued by the United States government.

(c) The presumptions established in this paragraph may be defeated by evidence establishing that it is more likely than not that the applicant is not qualified as a voter.

I. The absentee registration affidavit shall be prepared by the secretary of state and shall be in substantially the following form:

I, __________________ do hereby swear or affirm, under [~~penalty of perjury~~] the penalties for voting fraud set forth below, the following:

1)[~~(a)~~] That my legal domicile is in the town of _______________, New Hampshire, I will be of the age of 18 years or over on election day and am entitled to vote in the election to be held in said town on _______________, [19] _________ (date), except for the fact that my name does not appear on the checklist to be used in said town at such election;

[(b) That if I were personally to appear before the supervisors of the checklist of said town in their regular session for the correction of the checklist for said election, I would present the following as proof of domicile ____________ (including but not limited to a drivers license, electric bill, passport, or cancelled check)];

2) That I do not intend to be present within said town at such time prior to said election as shall enable me personally to appear before the supervisors of the checklist of said town in their regular sessions for the correction of the checklist for said election;

3) That I am temporarily residing in __________ (city and state or city, province, and country);

4) That I hereby enclose one of the following as proof of identity and domicile:

(a) A copy of a current and valid New Hampshire driver's license or an armed services identification or other photo identification issued by the United States government that shows the name and address of the voter; or

(b) A copy of a current and valid photo identification and a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter;

5) That I acknowledge that if I do not provide a copy of proof of identity and domicile as required by section 4) above, this application may not be approved; and

[4)] 6) That I hereby make application for the addition of my name to the checklist of said town to be used at said election.

I, _____________________ do hereby swear or affirm, under [~~penalty of perjury~~] the penalties for voting fraud set forth below, the following:

1)[~~(a)~~] That my legal domicile is in the town of ________________, New Hampshire, I will be of the age of 18 years or over on election day, and am entitled to vote in the election to be held in said town on ________________, [19] ___ (date), except for the fact that my name does not appear on the checklist to be used in said town at such election;

[(b) That if I were personally to appear before the supervisors of the checklist of said town in their regular session for the correction of the checklist for said election, I would present the following as proof of domicile ______________ (including but not limited to a drivers license, electric bill, passport, or cancelled check);]

2) That I am unable by reason of physical disability personally to appear before the supervisors of the checklist of said town in their regular sessions for the correction of the checklist for said election;

3) That I hereby enclose one of the following as proof of identity and domicile:

(a) A copy of a current and valid New Hampshire driver's license or an armed services identification or other photo identification issued by the United States government that shows the name and address of the voter; or

4) That I acknowledge that if I do not provide a copy of proof of identity and domicile as required by section 3) above, this application may not be approved; and

[3)] 5) That I hereby make application for the addition of my name to the checklist of said town to be used at said election.

II. There shall be printed below each of the foregoing affidavits the following affirmation:

I, __________, the undersigned witness, do hereby swear or affirm, under [~~penalty of perjury~~] the penalties for voting fraud set forth below, that on the __________ day of __________, [19]___ (date), the above named, __________, having satisfied me as to his or her identity, signed the foregoing affidavit in my presence, and did before me swear to (or affirm) the truth of the statements therein contained.

289:31 Overseas Citizens Voting; Affidavit. Amend RSA 654:20 to read as follows:

654:20 Affidavit. Any person qualified to vote as an overseas voter in a city or town as provided in RSA 654:3, because he or she is domiciled [~~in Canada or Mexico or in any other country~~] outside the [~~continental~~] United States, may apply to the city or town clerk or to the secretary of state for an overseas citizens federal election absentee registration affidavit. Such affidavit shall be prepared by the secretary of state and shall be in substantially the following form:

I, __________, do hereby swear or affirm, under [~~penalty of perjury~~] the penalties for voting fraud set forth below, the following:

2) That I have been domiciled in Canada or Mexico or any other country outside the continental United States since ________________________________;

3) That I hold a valid passport or card of identity with Registration No. ________________________________ issued by the United States Secretary of State;

4) That, immediately prior to my departure from the United States, I was legally domiciled in the state of New Hampshire at the following address:

5) That I will be of the age of 18 years or older on election day, have complied with all applicable qualifications and requirements of the state of New Hampshire, and am entitled to vote in the next subsequent federal election to be held in said state;

6) That I do NOT maintain a domicile, am NOT registered to vote and am NOT voting in any other state, territory, or possession of the United States, or election district thereof;

7) That my party affiliation (if any) is ____________________________________________________

9) That I hereby make application for the addition of my name to the checklist of _________________________, New Hampshire, as an overseas citizen living outside the continental United States entitled to vote in any federal election held therein.

289:32 Voters in Unincorporated Places; Registration. Amend RSA 654:24 to read as follows:

654:24 Registration. [~~Inhabitants~~] Domiciliaries of unincorporated places shall register to vote as provided in RSA 668.

655:10-a One Representative District Only. A person whose [~~residence~~] domicile qualifies him or her for more than one representative district shall choose one representative district at any election from which to be a candidate and, for that election, shall be qualified to be a candidate for that one district only.

I do hereby join in a petition for the printing on the primary ballot of the name of ________________ whose domicile is in the city (town) of _______________ (ward, street, and number, if in a city), in the county of ______________, for the office of _______________ to be voted for on Tuesday, the __________ day of September, [19]____________ (year), and certify that I am qualified to vote for a candidate for said office, that I am a registered member of the ____________ party, and am not at this time a signer of any other similar petition for any other candidate for the above office; that my domicile is in the city (town) of _____________ (ward, street, and number, if in a city), in the county of ____________. I certify that to my knowledge the above-named candidate is not a candidate for incompatible offices as defined in RSA 655:10, and that he or she is not a federal employee which makes him or her ineligible to file as a candidate for this office. I further certify that I believe the above-named person is especially qualified to fill said office.

I hereby swear, under [~~penalty of perjury~~] the penalties for voting fraud set forth below, that the information above is true and correct to the best of my knowledge and belief.

655:29 Qualifications of Candidates. The form of the affidavit provided for in RSA 655:28 shall be the following:

I. (For use by candidate for governor): I, ___________________, candidate for the office of governor, hereby swear (or affirm) that I have been [~~an inhabitant of~~] domiciled in the state of New Hampshire for at least 7 years immediately preceding the election for which I am a candidate, that I am a registered voter, that I will be at least 30 years of age on the day of said election, that I am not a candidate for incompatible offices as defined in RSA 655:10, and that I am not a federal employee.

II. (For use by candidate for councilor): I, ___________________, candidate for the office of councilor from the ___________________ district, hereby swear (or affirm) that I have been [~~an inhabitant of~~] domiciled in the state of New Hampshire for at least 7 years immediately preceding the election for which I am a candidate, that I am now domiciled in councilor district no. __________ at the present time, that I will be at least 30 years of age on the day of said election, that I am not a candidate for incompatible offices as defined in RSA 655:10, and that I am not a federal employee.

III. (For use by candidate for state senate): I, ________________, candidate for the office of senator from the __________ district, hereby swear (or affirm) that I have been [~~an inhabitant of~~] domiciled in the state of New Hampshire for at least 7 years immediately preceding the election for which I am a candidate, that my domicile is in senatorial district no. _______________ at the present time, that I will be at least 30 years of age on the day of said election, and that I am not a candidate for incompatible offices as defined in RSA 655:10, and that I am not a federal employee.

IV. (For use by candidate for state representative): I, _______________, candidate for the office of representative from district no. __________of __________county, hereby swear (or affirm) that I have been [~~an inhabitant of~~] domiciled in the state of New Hampshire for at least 2 years immediately preceding the election for which I am a candidate, that I am now domiciled in district no. ____________of ____________county, the district I seek to represent, that I will be at least 18 years of age on the day of said election, that I am not a candidate for incompatible offices as defined in RSA 655:10, and that I am not a federal employee. I further recognize that, if elected, I will serve as a delegate to the county convention.

289:36 Voters in Unincorporated Places; Preparation of Special Ballots. Amend RSA 656:39 to read as follows:

656:39 Preparation of Special Ballots. The secretary of state shall prepare special state election ballots for [~~inhabitants~~] voters of unincorporated places as provided in RSA 668.

289:37 Absence, Religious Observance, and Disability. Amend RSA 657:7, II 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 or she is entitled to vote shall fill out and sign the following certificate:

I do hereby certify under the penalties [~~of perjury~~] for voting fraud set forth below 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).

(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~~] for voting fraud set forth below 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).

657:8 Overseas Voting. Prior to any federal election, the secretary of state shall prepare the following forms in such quantity as he or she deems necessary:

I. Overseas citizens federal election absentee ballots as provided in RSA 656:34 for citizens who are domiciled [~~in Canada or Mexico or in any country~~] outside the [~~continental~~] United States.

II. Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the following:

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 or she desires to vote shall fill out and sign the following certificate:

I do hereby certify under the penalties [~~of perjury~~] for voting fraud set forth below that I am [~~a duly qualified~~] an 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).

(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 or she desires to vote shall fill out and sign the following certificate:

I do hereby certify under [~~penalty of perjury~~] the penalties for voting fraud set forth below 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.

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 or she desires to vote shall fill out and sign the following certificate:

I do hereby certify under the penalties [~~of perjury~~] for voting fraud set forth below 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).

(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 or she desires to vote shall fill out and sign the following certificate:

I do hereby certify under [~~penalty of perjury~~] the penalties for voting fraud set forth below that I am [~~a qualified~~] an 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.

289:40 Early Closing of Polls in Dixville and Hart's Location. Amend RSA 659:3-a to read as follows:

659:3-a Early Closing of Polls in Dixville and Hart's Location. The polls may not be closed pursuant to RSA 659:3 in Dixville or Hart's Location until every person [~~residing~~] domiciled in the town who is not on the checklist has been contacted by the town clerk to see if they wish to register to vote prior to the closing of the polls.

289:41 Wrongful Voting; Penalties for Voter Fraud. RSA 659:34 is repealed and reenacted 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 citizenship affidavit, a domicile affidavit, or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter;

(e) Votes for any office or measure at an election if such person is not qualified to vote as provided in RSA 654; or

(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.

II. A person is guilty of a class A misdemeanor if, at any election, such person purposefully or knowingly commits any of the acts listed in paragraph I.

III. The attorney general is authorized to impose a civil penalty under paragraph I.

(a) The attorney general may impose a civil penalty by providing written notice to the person:

(1) Setting forth the date, facts, and nature of each act or omission which makes the person liable to pay a civil penalty;

(2) Specifically identifying the particular provision or provisions of the law involved in each violation; and

(3) Advising the person of each penalty that the attorney general imposes and its amount.

(b) The written notice shall be served in hand or sent by registered or certified mail to the last known address of such person. The person shall have 30 days to pay any civil penalty assessed under this section to the secretary of state for deposit into the general fund.

IV. The decision of the attorney general to impose a civil penalty may be appealed to superior court. An appeal must be filed within 30 days of the date on which the person received it.

V. The attorney general is authorized to institute a civil action to collect a penalty imposed pursuant to this section. The attorney general shall have the exclusive power to compromise, mitigate, or remit such civil penalties.

289:42 Vacancies Among County Officers; County Commissioner. Amend RSA 661:9, II(a) to read as follows:

(a) If a vacancy occurs in the office of a county commissioner, the members of the county convention shall fill the vacancy by majority vote until the next biennial election of county officers. If the term filled is less than the unexpired term, then notwithstanding any provisions of RSA 653:1, VI, the commissioner district filled pursuant to this paragraph shall be added to the next biennial election ballot to be chosen by the [~~inhabitants~~] voters of the county for a 2-year term.

289:43 Constitutional Conventions; Declaration of Candidacy. Amend RSA 667:10 to read as follows:

667:10 Declaration of Candidacy. On or before the closing date for filing declarations of candidacy with the town or city clerk as provided by RSA 667:8, any candidate for delegate shall file with the town or city clerk a declaration of candidacy in substantially the following form, which shall be prepared and furnished by the secretary of state:

I, ____________________, candidate for office of delegate to the constitutional convention from District No. __________ of __________ county hereby certify that I am at least 18 years of age; that I am domiciled in ward ______________ of the city of ______________ (or town or unincorporated place of ____________) county of _______________ state of New Hampshire; that I am a [~~qualified~~] voter [~~therein and at the present time am an inhabitant of~~] in District No. _________ of _____________ county.

667:18 Resignation, Death, or Removal. A delegate to a constitutional convention may resign his or her office as such by filing his or her intention of resignation in writing with the secretary of state. The resignation shall become effective when approved in writing by the president of the constitutional convention. Whenever a delegate to a constitutional convention dies or moves from the district, town, or ward in which he or she was elected, the clerk of the town or of the city in which the delegate is [~~an inhabitant~~] a voter, or if the delegate is from an unincorporated place the clerk of the town in which he or she is registered, shall notify the secretary of state of the death or removal.

289:45 Provisions for Unincorporated Places; Organization for Voting. Amend RSA 668:1 to read as follows:

668:1 Organization for Voting. The offices for which the [~~inhabitants~~] voters of an unincorporated place are entitled to vote shall include: President and Vice-President of the United States, United States senator, United States representative, governor, executive councilor, state senator, state representative, and county offices. The provisions of the election laws relating to town meetings for the choice of election officers and the conduct of state elections shall apply to unincorporated places organized as provided by RSA 53:1.

289:46 Provisions for Unincorporated Places. Amend RSA 668:2-668:7 to read as follows:

668:2 Designation of Towns. If an unincorporated place is not organized for voting, the secretary of state shall designate a town in the same representative district where all [~~inhabitants of~~] persons domiciled in the unincorporated place may register, vote, file for office, and exercise all other procedures to which they are entitled under the election laws.

668:3 Registration and Checklists. The procedure for registration [~~of inhabitants of~~] by persons domiciled in an unincorporated place in a town designated pursuant to RSA 668:2 shall be the same as provided in RSA 654, except that a separate checklist shall be maintained for the [~~inhabitants~~] voters of each unincorporated place. The supervisors shall prepare, revise, and post said checklist along with the checklist for the town as provided in RSA 654.

668:4 Offices Voted for. The offices for which [~~inhabitants~~] voters of unincorporated places are entitled to vote shall include: President and Vice-President of the United States, United States senator, United States representative, governor, executive councilor, state senator, state representative, and county offices. The [~~inhabitants~~] voters of the unincorporated places are not entitled to vote for any town or ward offices or on any questions concerning the towns in which they vote.

668:5 Preparation of Special Ballots. For any state election, the secretary of state shall prepare special ballots for the [~~inhabitants~~] 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 [~~inhabitants~~] 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.

668:6 Establishing Procedures for Voting. The secretary of state shall issue regulations within the scope of the election laws to establish the procedures for voting and filing for office by [~~inhabitants~~] voters of unincorporated places. The regulations so issued shall have the force of law.

668:7 Return of Votes Cast. The town clerk of the town designated pursuant to RSA 668:2 shall make a return of the votes cast in his town by the [~~inhabitants~~] voters of each unincorporated place in the same manner as provided for in RSA 659.

289:47 Town Elections; Absentee Ballot Forms. Amend RSA 669:27, III 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:

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~~] for voting fraud set forth below, that I am a [~~duly qualified~~] voter in the town (city, village district, school district) of ________________, New Hampshire, 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.

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~~] for voting fraud set forth below, that I am a [~~duly qualified~~] voter in the town (city, village district, school district) of ________________, New Hampshire, 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.

652:14 Election Officer. "Election officer" shall mean any moderator, deputy moderator, assistant moderator, town clerk, deputy town clerk, city clerk, deputy city clerk, ward clerk, selectman, supervisor of the checklist, registrar, or deputy registrar [~~or inspector of election~~].

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 or she had his or her domicile immediately prior to his or her departure from the United States, even though he or she no longer maintains domicile in said town or city and even though his or her intent to return thereto is uncertain, provided:

I. He or she complies with all other applicable requirements and qualifications of the state of New Hampshire; and

II. He or she 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 or she has a valid passport or card of identity issued under the authority of the Secretary of State of the United States.

289:50 General Voter Registration; Forms to be Forwarded. Amend RSA 654:9 to read as follows:

654:9 Forms to be Forwarded. The provisions of this section shall apply in all cities and in all towns. The town or city clerk shall present to the next meeting of the supervisors of the checklist the [~~triplicate~~] voter registration forms of all persons making application to [~~him~~] the clerk since the previous meeting of said supervisors.

289:51 General Voter Registration; Action by Supervisors. Amend RSA 654:13, I to read as follows:

I. If the supervisors decide to add the name of the applicant to the checklist, then they shall retain the original of the [~~triplicate~~] registration form for their own file, forward one copy to the supervisors of the checklist of the city or town of the applicant's last voting address if said address is in the state of New Hampshire, Vermont, Maine, Massachusetts, Connecticut, or Rhode Island, and send another copy to the clerk of their town or city.

654:23 Effect. Unless the supervisors of the checklist shall be of the opinion that the applicant does not qualify as an overseas voter in the city or town as provided in RSA 654:3, domiciled [~~in Canada or Mexico or in any other country~~] outside the [~~continental~~] United States, they shall, at their next session for the correction of the checklist subsequent to their receipt of such affidavit properly executed, cause his or her name to be added to the checklist together with a mark or sign clearly indicating that the application has been entered on the checklist for the purpose of voting in federal elections only. Thereafter, such person shall be entitled to vote by overseas citizens absentee ballot at both federal primary and general elections. If the supervisors decide not to add the name of the applicant to the checklist, they shall send notification to the applicant in writing within 7 days stating the reason for that denial.

289:53 New Section; Right to Know Exemption. Amend RSA 654 by inserting after section 31 the following new section:

654:31-a Right to Know Exemption. The information contained on the checklist of a town or city, specifically, the name, street address, town or city, and party affiliation, if any, of registered voters, except as otherwise provided by statute, is public information subject to RSA 91-A. All other information on the voter registration form, absentee registration affidavit, and application for absentee ballot shall be treated as confidential information and the records containing this information shall be exempt from the public disclosure provisions of RSA 91-A, except as provided by statutes other than RSA 91-A. Election officials and law enforcement personnel in furtherance of their official duties may access and may disclose information from the voter registration form, absentee registration affidavits, and applications for absentee ballots, if necessary to resolve a challenge to an individual registering to vote or voting, or if necessary to investigate or prosecute election law violations or any crime. Law enforcement access and use of such records for the investigation or prosecution of crimes unrelated to election law violations shall be limited to the records of the specific individuals who are the subject of the investigation or prosecution.

289:54 Absentee Voting: Refusal to Certify, Procedure. Amend RSA 657:16 to read as follows:

657:16 Refusal to Certify; Procedure. If he or she refuses to certify the application, the town or city clerk shall notify the applicant in writing within 7 days to that effect. The town or city clerk shall provide the applicant with an absentee ballot and a notice that the ballot will not be counted unless the applicant submits the documents necessary to complete an absentee registration. The applicant shall be advised in writing what documents, if any, have been received in proper form and which the applicant must submit in the return envelope that contains the absentee ballot affidavit envelope. The town or city clerk shall mark the exterior of the absentee ballot affidavit envelope with the words "Not Registered." If the applicant returns the required documents in proper form with the absentee ballot and if the applicant is found to be qualified, he or she shall be registered and his or her absentee ballot shall be processed in the same manner as the absentee ballot of a previously registered voter. If the ballot is returned without the required documents in proper form, the ballot shall be marked and preserved in the manner set for forth by law for successfully challenged absentee ballots. The clerk shall preserve the application of any applicant who is not registered as a voter until the time [is] set by law for the destruction of the ballots after the election at which time the application shall be destroyed. Any justice of the superior court has jurisdiction in equity upon such notice as he or she may order to require that the name of the person making application for an absentee ballot be placed upon the checklist or registered as a member of any party and be sent an absentee ballot.

289:55 Procedure for Armed Services and Federal Overseas Citizen Voting; Sending Ballots. Amend RSA 657:19 to read as follows:

657:19 Sending Ballots. Upon receipt of a properly executed application for an official armed services absentee ballot or an overseas citizens federal election absentee ballot, whether the form supplied by the secretary of state, the federal post card application, or a written statement containing the information required by RSA 657:4, a town or city clerk shall send the materials provided for in RSA 657:8 or 657:9, as applicable, regardless of whether the applicant appears on the checklist, and if the applicant requests that the application be considered an application for an absentee ballot for each subsequent election for federal office through the next 2 regularly scheduled general elections, including primaries, for federal office, the town or city clerk shall provide an absentee ballot to the applicant for each such subsequent election. Whenever an armed services voter or overseas citizen federal voter requests a state general election ballot prior to October 1 to be mailed to an address [~~in Canada or Mexico or in any other country~~] outside of the [~~continental~~] United States, he or she shall be sent the same ballot as provided in RSA 656:34. No town or city clerk shall refuse to accept or process an otherwise valid voter registration application or absentee ballot application submitted by an absent armed services voter or federal overseas citizen voter on the grounds that the application was submitted before the first date on which the state otherwise accepts or processes such applications for that election submitted by absentee voters. A town or city clerk who does not certify a voter registration application or absentee ballot application shall provide the absent armed services voter or federal overseas citizen voter the reason for not certifying a voter registration application or an absentee ballot application.

657:19-a Federal Post Card Application. An armed services voter or federal overseas citizen voter who is domiciled [~~in Canada or Mexico or in any other country~~] outside the [~~continental~~] United States qualified to vote in New Hampshire may request an absentee ballot by completing a federal post card application form provided by the United States government, and sending it to the town or city clerk of his or her last domicile. The applicant may request an absentee ballot for all elections in which he or she is qualified to cast a ballot during the calendar year.

289:57 New Section; Voting Procedure; Hours of Polling Extended by Order. Amend RSA 659 by inserting after section 26 the following new section:

659:26-a Hours of Polling Extended by Order. In any federal election where hours of polling are extended by a federal or state court order or other order, the moderator or his or her designee shall mark all ballots cast during the extended hours of polling "EH." These extended hours ballots shall be counted in the usual manner, but shall be separated and held apart from other ballots when stored.

289:58 Election Procedure; Challenges; Affidavit. Amend RSA 659:30 to read as follows:

659:30 [~~False~~] Affidavit. The affidavit of a challenged voter, a voter citizenship affidavit, a voter domicile affidavit, or any other affidavit required by the election statutes may be sworn before any person authorized by law to administer oaths or before [the moderator, town clerk or any one of the selectmen or supervisors of the checklist. Any person who shall swear falsely in making such affidavit shall be deemed guilty of perjury and shall be punished accordingly] any election officer.

289:59 Preservation of Absentee Voting Materials, Citizenship Affidavits, and Domicile Affidavits. Amend RSA 659:101 to read as follows:

659:101 Preservation of Absentee Voting Materials, Election Day Affidavits, and Domicile Affidavits. The affidavit envelopes and application forms processed by the moderator as provided in RSA 659:50, and the citizenship affidavits and domicile affidavits as provided in RSA 654:12 and any other documentary proof of qualifications retained by the town or city clerk, the supervisors of the checklist, or other election official [~~shall~~] may be preserved in the same manner [~~as provided in RSA 659:95-100 for the preservation of official state election~~] that ballots are preserved and may be destroyed one year after the first state general election at which the individual may vote.

289:60 Sealing and Certifying Ballots; Exemption from Right-to-Know Law. Amend RSA 659:95 to read as follows:

I. Immediately after the ballots cast at a state election have been tabulated and the result has been announced and the return has been made, the moderator or [~~his~~] the moderator's designee, in the presence of the selectmen or their designee, shall place the cast, cancelled, and uncast ballots, including such ballots from any additional polling places, and further including the successfully challenged absentee ballots still contained in their envelopes, in the containers provided by the secretary of state as required by RSA 659:97 and shall seal such container with the sealer provided by the secretary of state as required by RSA 659:97. The moderator or [~~his~~] the moderator's designee shall then enter in the appropriate blanks on such sealer on each container the number of cast, cancelled, and uncast ballots in such container and shall endorse in the appropriate place on such sealer a certificate in substance as follows: Enclosed are the ballots from the state election in the town of __________ (or in ward __________ in the city of __________) held on __________, 19___, required by law to be preserved. The moderator and the selectmen or their designee shall sign their names in the appropriate blanks on the sealer.

II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged absentee ballots still contained in their envelopes, prepared or preserved in accordance with the election laws shall be exempt from the provisions of RSA 91-A. This exemption shall apply to any ballots or absentee voter affidavit envelopes prepared for or used in any election conducted by the state or any political subdivision, including federal elections.

289:61 General Provisions for Recounts; Disposal of Ballots; Exemption from Right-to-Know Law. Amend RSA 660:16 to read as follows:

I. Upon the conclusion of every recount, the secretary of state shall replace the unprotested ballots and absentee voter envelopes in a suitable container for storage. The secretary of state shall retain the ballots and the absentee envelopes for at least 60 days following the recount. Upon an order of the ballot law commission, the secretary of state shall produce the ballots for the inspection of the commission. Following the commission's inspection, the secretary of state shall replace the ballots and envelopes, seal them, and certify the contents and the date when they were examined by the commission. The envelopes and ballots shall be subject to the order of the body to which such person claims to be elected or of the officers required by law to examine the records and to issue certificates of election to such office or of any court having jurisdiction over them.

289:62 Town Elections; Preservation of Ballots after Recount; Exemption from Right-to-Know Law. Amend RSA 669:33 to read as follows:

I. Upon the conclusion of the recount, the clerk shall place the ballots and all envelopes or wrappers which had previously contained them in a suitable container showing the contents and the date when and the reason why it was opened; and said clerk shall retain said ballots until the expiration of 60 days from the date of the recount unless some action is pending which makes their further preservation necessary or unless enjoined by action brought before the superior court.

289:63 Voters Confined in Penal Institutions; Address. Amend RSA 654:2-a, III to read as follows:

III. In completing a voter registration [~~card~~] form, as specified in RSA 654:7, a person confined in a penal institution shall list the address of his or her domicile in the address section, and the address of the penal institution in the mailing address section.

289:64 Registering at the Polling Place, Election Day Registration. Amend RSA 654:7-a, I to read as follows:

I. The provisions of this section and those of RSA 654:7-b shall be used as an additional procedure for voter registration. For the purposes of this section and RSA 654:7-b, the term "election day" shall refer to state primary and to state general elections, to all town, city, school district, and village district elections, and to all official ballot meetings where persons may vote by absentee ballot. A person who registers to vote on election day according to the provisions of this section shall also be required to complete the voter registration [~~card~~] form provided for in RSA 654:7. The provisions of this section and those of RSA 654:7-b shall apply notwithstanding any provision of RSA 654 to the contrary.