HB 1264-FN - AS INTRODUCED
2024 SESSION
24-2009
08/10
HOUSE BILL 1264-FN
AN ACT relative to the definition of accessible voting systems.
SPONSORS: Rep. M. Paige, Rock. 11; Rep. Vallone, Rock. 5; Rep. Guthrie, Rock. 15; Rep. Lynn, Rock. 17; Rep. M. Smith, Straf. 10; Sen. Altschiller, Dist 24; Sen. Carson, Dist 14
COMMITTEE: Election Law
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ANALYSIS
This bill directs cities and towns to enable access to voting for individuals with disabilities during elections.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2009
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the definition of accessible voting systems.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Findings. The general court finds that:
I. Voting is one of our citizen’s most fundamental rights. It is of the utmost importance that all eligible voters have equal access and opportunity to participate in all elections held in this state.
II. Certain individuals with disabilities, including individuals who have visual impairments or other disabilities that interfere with effective reading, writing, or use of printed material, face unique challenges in casting their votes privately and independently, particularly in local elections, as currently most cities and towns do not provide accessible voting systems for local elections.
III. Title II of the Americans with Disabilities Act and its implementing regulations (“ADA”) require the state, cities, and towns to make their programs, services, and activities accessible to qualified individuals with disabilities. (42 U.S.C. sections 12131-12134, 28 C.F.R. sections 35.130,35.160). Elections held by the state, cities and towns are “services, programs, and activities” under the ADA. Under the ADA, the state, cities and towns must provide “appropriate auxiliary aids and services” to enable voters with disabilities “an equal opportunity to participate in, and enjoy the benefits of” their elections, including the same opportunity to exercise their right to vote independently and privately as is enjoyed by persons without disabilities.
IV. The current state practice is to ensure that every polling location provides an accessible voting system to enable individuals with disabilities to have equal access to vote independently and privately only for state elections with a federal office on the ballot. Accessible voting systems are generally not made available at polling locations for local elections. As a result, with very few exceptions, individuals with disabilities are not universally afforded equal opportunities to vote privately and independently as individuals without disabilities in local elections, in violation of the ADA.
2 Accessible Voting System; Definition. Amend RSA 652:16-d to read as follows:
652:16-d Accessible Voting System. "Accessible voting system" shall mean the system chosen by the state in federal elections or by municipalities in local elections to meet the accessibility for individuals with disabilities requirements of section 301 of the Help America Vote Act of 2002, 42 U.S.C. section 15481, 52 U.S.C. section 21081, and Title II of the Americans with Disabilities Act, 42 U.S.C. section 12132, that has the capacity to print a paper ballot marked with the votes chosen by the voter.
3 Elections; Conduct; Official Ballot System. Amend RSA 669:25 to read as follows:
669:25 Conduct.
I. In cities and in towns which have adopted an official ballot system, the [town] local election shall be conducted in the same manner as a state general election as provided in RSA 658 and 659, except that RSA 659:77, III-V and 659:78 shall not apply, and except that all duties required to be performed by the secretary of state under those chapters shall be performed by the city or town clerk, and except that no copy of marked or unmarked checklists need be forwarded to the state archives or federal district court as provided in RSA 659:102. Polling hours for a town meeting or election shall be set by the selectmen or by a vote of the town.
II. Every city and every town which has adopted an official ballot system as provided in RSA 669:12 or RSA 669:13 shall ensure that each polling place has at least one accessible voting system that enables all individuals with disabilities to vote without the need for assistance and with the same degree of privacy that is accorded to non disabled electors voting at the same polling place, as required by 42 U.S.C. section 12132 and 28 C.F.R. sections 35.130 and 35.160. The accessible voting system used in a city or town shall have the capacity to print a paper ballot marked with the votes chosen by the voter and shall be readily available for use during voting hours.
4 Effective Date. This act shall take effect 60 days after its passage.
24-2009
Revised 11/24/23
HB 1264-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the definition of accessible voting systems.
FISCAL IMPACT: [ ] State [ ] County [ X ] Local [ ] None
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | $1,750 - Indeterminable | Indeterminable | Indeterminable | ||
METHODOLOGY:
This bill requires cities and towns to enable access to voting for individuals with disabilities during elections by giving them the same degree of privacy that is accorded to non disabled voters. The voting system implemented in a city or town must be capable of generating a printed ballot indicating the voter's chosen candidates. The printed ballots should be easily accessible for voters to use throughout the voting hours.
The Department of State indicates the financial impact on individual cities and towns would differ based on their choice of voting system vendor, the expense of programming each election, and the number of polling locations in each municipality. However, the estimate costs of equipment for each polling location is as follows:
Tablet | Printer | Keyboard, headset, and docking station | Programming | Total |
$1,000 | $500 | $150 | $100 + / indeterminable | $1,750+ |
The Department of State suggests the possibility of municipalities leasing equipment; however, this is likely impractical due to time and budget constraints. Moreover, leasing could be costlier due to administrative expenses, additional equipment purchases, and other associated costs.
The New Hampshire Municipal Association states municipalities' costs for accessible voting systems depend on leasing devices from the state or bearing the entire expense for duplicate devices and programming if state-owned devices and contracts are unavailable. While cities and towns have the option to select alternative accessible systems instead of the state's "one4all" system, in practice, municipalities are likely to opt for the same system used in state and federal elections, ensuring that security standards, minimize liability through prior state vetting, and facilitate the availability of vendors capable of programming and servicing the devices. The NHMA notes if the states costs are $1,750 for the equipment and there are 250 polling places the maximum cost would be $437,500, however, this would only be if all 250 polling locations needed the equipment.
AGENCIES CONTACTED:
Department of State and New Hampshire Municipal Association