SB 0136

SB 136-LOCAL – AS INTRODUCED

AN ACT relative to curbside voting at polling places by persons with disabilities.

SPONSORS: Sen. Roberge, Dist 9; Rep. Graham, Hills 18; Rep. Hawkins, Hills 18; Rep. D.L. Christensen, Hills 19

This bill authorizes, and establishes procedures for, curbside voting at polling places by persons with disabilities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to curbside voting at polling places by persons with disabilities.

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

I. Any voter who declares to the moderator under oath that said voter cannot read or that, because of disability, is unable to mark his or her ballot shall, upon the voter’s choice and request, receive the assistance of one or both of the inspectors of election detailed for that purpose by the moderator or of a person of the voter’s choice provided that the person is not the voter’s employer or union official. Such person so assisting shall be sworn, shall mark the ballot as directed by said voter, and shall thereafter give no information regarding the same. Such person so assisting shall leave the space within the guardrail with the voter.

II. The moderator of any town or school district and the clerk of any city may for any election permit voters with disabilities that would make it difficult for the voters to enter the polling place and vote inside the rail, to vote from a vehicle parked in a parking space directly adjacent to the polling place, subject to the following restrictions:

(a) The moderator or city clerk shall determine whether curbside voting will be permitted in his or her municipality prior to the posting of the warrant for the election. If the moderator determines that curbside voting will be permitted, the moderator shall provide written notice to the town clerk no less than 10 days prior to the deadline for the posting of the warrant. If a city clerk determines that curbside voting will be permitted or if a town or school clerk receives notice that curbside voting will be permitted, the clerk shall post a notice that curbside voting will be permitted with the warrant for the election and in any communications giving notice to voters of the election.

(b) The moderator or city clerk shall ensure that sufficient inspectors of election are appointed so that one inspector of elections from each party is available to provide curbside voting service at all times when the polls are open.

(c) A voter who has a disability that permits the voter to drive or be driven to the polls, but which would make it difficult for the voter to enter the polling place to vote within the rail, may, upon arrival at the polling place cause the moderator to be alerted to the voter’s desire to vote curbside. The moderator, an assistant moderator, or deputy moderator shall determine the person’s eligibility to vote and if found eligible shall assign 2 inspectors of election, one from each political party, to take an absentee ballot and an envelope to the voter.

(d) The inspectors of election assigned to assist a voter with disabilities to vote curbside shall provide the voter with the appropriate absentee ballots for the election and an appropriate marking device. The voter shall mark the ballots without exhibiting them to the inspectors of election or any other person, unless the voter qualifies for assistance in marking the ballot as provided in paragraph I, in which case the voter may have the assistance of a person of his or her own choosing as provided in paragraph I, or one inspector of election shall mark the ballot as instructed by the voter in full view of the second inspector of election. Once the ballot has been marked, it shall be sealed in an envelope. The voter shall be instructed to remain at the polling place until notified that his or her vote has not been challenged and that it has been cast.

(e) The inspectors of election shall take the ballot, sealed in the envelope, to the ballot clerk and cause the voter’s name to be marked on the checklist as having voted by absentee ballot. Any person qualified to do so may challenge the voter when the voter’s name is announced by the ballot clerk. If the voter is challenged, the moderator, an assistant, or deputy moderator shall process the challenge in accordance with law, provided, however, that the process shall be conducted curbside to the extent necessary.

(f) If the voter is not challenged or if the moderator determines as a result of the challenge process that the voter’s ballot is to be cast, the sealed envelope shall be taken by the inspectors to the moderator. The moderator shall open the envelope and cast the ballot in a manner that does not display how the ballot is marked. The moderator shall cause the voter to be notified that his or her vote has been cast.

2 Election Procedure; Prohibited Acts; Removing Ballot; Exception Added. Amend RSA 659:38 to read as follows:

659:38 Forgery; Removing Ballot. No person shall forge or falsely make the official endorsement on any official ballot, or furnish to any voter a ballot with the intent that such voter shall use the same in voting instead of the ballot given him or her by the ballot clerk, or take or remove any ballot, except as provided in RSA 659:20, outside the guardrail before the close of the polls, or knowingly delay the delivery of any ballots. Whoever knowingly violates this provision shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.