SB 537-FN - AS INTRODUCED
2024 SESSION
24-3084
08/10
SENATE BILL 537-FN
AN ACT allowing the processing of absentee ballots.
SPONSORS: Sen. Soucy, Dist 18; Sen. Perkins Kwoka, Dist 21; Rep. Brennan, Merr. 9; Rep. Lane, Merr. 16
COMMITTEE: Election Law and Municipal Affairs
-----------------------------------------------------------------
ANALYSIS
This bill allows for the preprocessing of absentee ballots.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3084
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT allowing the processing of absentee ballots.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Absentee Voting; Procedure by Clerk. Amend RSA 657:18 to read as follows:
657:18 Procedure by Clerk. Upon receipt of an outer envelope purporting to contain an official absentee voting ballot, the clerk of the city or town shall, subject to RSA 657:16, attach thereto the application for an absentee ballot submitted by said voter and record the information pursuant to RSA 657:15. All such envelopes shall be preserved unopened until election day except as provided by RSA 659:49-b.
2 Processing Absentee Ballots. Amend RSA 659:49 to read as follows:
659:49 Processing Absentee Ballots.
I. Processing of previously received absentee ballots shall begin at 1:00 p.m. unless a different time, that is no earlier than [2 hours] 1 hour after the opening of the polls or if absentee ballots are preprocessed in accordance with paragraph I-a and RSA 659:49-b, is posted and announced in accordance with paragraph II. The processing of the absentee ballots shall not unnecessarily interfere with normal voting procedures, nor shall the polls be closed at any time for the processing of such ballots during normal polling hours. Absentee ballots which are received after the start time for processing absentee ballots and prior to 5:00 p.m. on the day of the election shall be processed as soon after receipt as possible. [Under no circumstances shall absentee ballots be counted prior to the closing of the polls.]
I-a. The moderator may preprocess absentee ballots by opening absentee ballot outer envelopes on the Thursday, Friday, Saturday, or Monday prior to the time established for processing absentee ballots in paragraph I, but after the corrected checklist has been posted provided that the opening of the outer envelopes occurs in public with notice of the time and place.
II. [Notwithstanding the provisions of paragraph I, upon the written challenges of 10 or more voters who are present at the polls no later than 1:00 p.m., the moderator shall postpone the processing of all absentee ballots until after the polls close and prior to the counting of all ballots cast in the election.] The moderator, or his or her designee, shall post the time at which the processing of absentee ballots shall begin at the polling place and one other public location at least 24 hours before the polls open. In addition, when the polls open the moderator shall announce the time at which the processing of absentee ballots shall begin.
3 Opening Absentee Ballot Outer Envelopes. RSA 659:49-b is repealed and reenacted to read as follows:
659:49-b Opening Absentee Ballot Outer Envelopes. The moderator or the moderator’s designee may authorize the opening of absentee ballot outer envelopes on election day or the Thursday, Friday, Saturday, or Monday prior to the time established for processing absentee ballots in RSA 659:49, but after the corrected checklist has been posted provided that the opening of the outer envelopes occurs in public with notice of the time and place. After the outer envelope has been opened, the affidavit on the inner envelope shall be examined, the voter's name shall be announced, an opportunity for a challenge of the ballot shall be given, and a notation, including marking "AV" beside the voters name and crossing the name out or off, may be made on the checklist to help facilitate processing of the ballot on election day. Notwithstanding RSA 659:51, if absentee ballots are partially processed before election day a challenge may not be made after the notation has been made on the checklist. The ballot shall remain secure in the unopened affidavit envelope until final processing on election day.
4 New Section; Partial Processing of Absentee Ballots Prior to an Election. Amend RSA 659 by inserting after section 55-a the following new section:
659:55-a Partial Processing of Absentee Ballots Prior to an Election.
I. The moderator, or his or her designee, may begin the processing of absentee ballots prior to the opening of the polls, in accordance with RSA 659:49-b, provided that the clerk shall post, at least 5 days prior to processing, in an appropriate public place and prior to election day, notice of the time and place of the processing. If the moderator chooses to do so it shall be posted in 2 appropriate public places, one of which shall be the public body's Internet website, if such exists, or shall be printed in a newspaper of general circulation in the city or town at least 48 hours, excluding Sundays and legal holidays, prior to such meeting. A copy of the notice shall be provided to the secretary of state. The partial processing of absentee ballots prior to an election shall occur on the Thursday, Friday, Saturday, or Monday prior to the date of the election after the posting of the checklist. The moderator shall be assisted by at least 3 other election officers as defined under RSA 652:14. Members of the general public may observe this process. Under no circumstances shall absentee ballots be counted prior to the opening of the polls.
II. Once notice of the processing has been posted, all absentee ballots received by the end of the day preceding the posted time for the meeting shall be partially processed. Only one session for the partial processing of absentee ballots may be scheduled prior to an election.
III. Except as otherwise provided, the moderator, or his or her designee, shall adhere to the procedures detailed in RSA 659:49-b, RSA 659:50, RSA 659:51, RSA 659:52, RSA 659:53, RSA 659:54, RSA 659:54-a, RSA 666:4, and RSA 666:5.
5 Effective Date. This act shall take effect upon its passage.
24-3084
12/5/23
SB 537-FN- FISCAL NOTE
AS INTRODUCED
AN ACT allowing the processing of absentee ballots.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2024 through 2027.
AGENCIES CONTACTED:
Department of State and New Hampshire Municipal Association