TITLE LXIII
ELECTIONS

CHAPTER 654
VOTERS AND CHECKLISTS

Eligibility

Section 654:2-a

    654:2-a Voters Confined in Penal Institutions. –
I. The domicile for voting purposes of a person confined in a penal institution shall be the town or city in New Hampshire in which such person had his or her domicile immediately prior to such confinement, even though such person no longer maintains a domicile in said town or city and even though his or her intent to return thereto is uncertain. The domicile for voting purposes of a person confined in a penal institution shall not include the municipality where the person is confined unless the person was domiciled in that municipality prior to confinement. If the person was domiciled immediately prior to confinement in the municipality where the person is confined, the person shall be considered absent for purposes of voter registration and absentee voting during the period of confinement.
II. A person confined in a penal institution whose domicile is in a town or city in New Hampshire shall be eligible to vote in state elections and shall exercise that right by absentee ballot provided:
(a) The person complies with all other applicable requirements and qualifications of the state of New Hampshire, including, but not limited to, the requirement that an absentee voter take the steps necessary to have his or her name placed on the voter checklist no later than 10 days before an election and the requirement that the absentee voter take the steps necessary to make sure that his or her ballot is received by the town or city clerk from whom it was sent by 5:00 p.m. on election day. A person confined in a penal institution shall use the mail to comply with all applicable requirements and qualifications.
(b) The person is not registered to vote or eligible to vote in any other state or election district of a state or in any territory or possession of the United States.
(c) The person is not a citizen of another state.
III. In completing a voter registration form, as specified in RSA 654:7, or an absentee ballot application, as specified in RSA 657:4, I, 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.

Source. 1999, 228:1. 2003, 289:63, eff. Sept. 1, 2003. 2021, 96:1, eff. Aug. 30, 2021.