HB 345 – VERSION ADOPTED BY BOTH BODIES

01Feb2006… 0443h

01Feb2006… 0717h

2005 SESSION

05-0582

03/04

HOUSE BILL 345

AN ACT requiring photo identification to obtain a ballot.

SPONSORS: Rep. Lund, Rock 5; Rep. Hopfgarten, Rock 5

COMMITTEE: Election Law

AMENDED ANALYSIS

This bill requires a voter to present photographic identification or a voter identification affidavit to obtain a ballot. The bill establishes an exception to the identification requirement for persons personally known to certain election officials.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01Feb2006… 0443h

01Feb2006… 0717h

05-0582

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT requiring photo identification to obtain a ballot.

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

1 Obtaining a Ballot; Identification Required. Amend RSA 659:13 to read as follows:

659:13 Obtaining a Ballot.

I. A person desiring to vote shall, before being admitted to the enclosed space within the guardrail, announce his or her name to one of the ballot clerks who shall thereupon repeat the name; and, if the name is found on the checklist by the ballot clerk, the ballot clerk shall put a checkmark beside it and again repeat the name. The ballot clerk shall state the address listed on the checklist for the voter, and ask if the address is correct; if the address on the checklist is not correct, the ballot clerk shall correct the address in red on the checklist. The ballot clerk shall then require the person desiring to vote to furnish a state or federal government-issued photo identification to verify the person’s identity or, if the person states that he or she has not been issued a valid form of such identification, or has lost possession of, or misplaced such an identification within the preceding period of 14 days, a voter identification affidavit pursuant to paragraph II. The voter, if still qualified to vote in the town or ward and unless challenged as provided for in RSA 659:27-33, or unless failing to present the required identification, shall then be allowed to enter the space enclosed by the guardrail. After the voter enters the enclosed space, the ballot clerk shall give the voter one of each ballot to be voted on in that election which shall be folded as it was upon receipt from the secretary of state.

II. In any instance where a voter states to a ballot clerk that he or she has not been issued a valid state or federal government-issued photo identification, or has lost possession of, or misplaced such an identification within the preceding period of 14 days, then as a substitute for such identification the voter shall be permitted to submit an affidavit, certified by the ballot clerk, in the following form:

Voter Identification Affidavit

1. My name is _________________________________. I reside at _________________________.

2. I have not been issued an identification card by a state or federal government that sets forth my name, birth date, sex, identification number, digital photograph, and address and is in effect as of the date of this affidavit or I have lost possession of, or misplaced such an identification within the past 14 days.

3. This affidavit is dated ___________________.

I acknowledge that I have read and understand the above and do hereby swear, under the penalties for voting fraud, that all of the above is complete and accurate.

____________________________________

Signature

III. Notwithstanding the requirement for an identification, if a person desiring to vote states that he or she does not have a sufficient identification, but such person is personally known to any of the city or town clerk, moderator, supervisors of the checklist, or ballot clerks as a person qualified to vote at such location, such person shall not be refused a ballot for lack of identification if the city or town clerk, moderator, supervisor of the checklist, or ballot clerk records the name of the voter and the name of the city or town clerk, moderator, supervisor of the checklist, or ballot clerk who knows the voter in the same manner as affidavits are recorded pursuant to RSA 659:32.

2 Effective Date. This act shall take effect November 1, 2007.

LBAO

05-0582

2/21/06

HB 345 FISCAL NOTE

AN ACT requiring photo identification to obtain a ballot.

FISCAL IMPACT: