HB 516-FN - AS INTRODUCED
2021 SESSION
21-0249
11/05
HOUSE BILL 516-FN
AN ACT allowing voters to vote by absentee ballot.
SPONSORS: Rep. Rogers, Merr. 28; Rep. K. Murray, Rock. 24; Rep. Read, Rock. 17; Rep.
Schultz, Merr. 18; Rep. Leishman, Hills. 24; Rep. Klein-Knight, Hills. 11; Sen.
Soucy, Dist 18; Sen. Watters, Dist 4
COMMITTEE: Election Law
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ANALYSIS
This bill allows voters to vote by absentee ballot.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 516-FN - AS INTRODUCED
21-0249
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT allowing voters to vote by absentee ballot.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Absentee Ballots. Amend RSA 656:33 to read as follows:
2 656:33 Official [Absence, Religious Observance, and Disability] Absentee Ballots. Prior to any
3 state election, the secretary of state shall prepare, in such quantity as the secretary of state may
4 deem necessary, [absence, religious observance, and disability] absentee ballots in the same form as
5 nearly as practicable as the official ballot to be used at said election. Said absentee ballots shall
6 have the words "absentee ballot" printed on them and shall be similarly endorsed and printed on
7 paper of the same color as that used for official ballots.
8 2 Absentee Voting. Amend RSA 657:1 to read as follows:
9 657:1 [Absence, Religious Observance, and Disability] Absentee Voting.
10 [I.] Any person who [will be absent on the day of any state election from the city, town, or
11 unincorporated place in which he or she is registered to vote or who cannot appear in public on any
12 election day because of his or her observance of a religious commitment or who is unable to vote
13 there in person by reason of physical disability] is qualified to vote at any state election may vote
14 at such elections as provided in this chapter. [A person who is unable to appear at any time during
15 polling hours at his or her polling place because of an employment obligation shall be considered
16 absent for purposes of this chapter. For the purposes of this section, the term "employment" shall
17 include the care of children and infirm adults, with or without compensation.
18 II. When the National Weather Service has issued a winter storm warning, blizzard warning, or
19 ice storm warning for election day applicable to the city, town, or unincorporated place:
20 (a) A person who otherwise would have voted in person but has concerns for his or her safety
21 traveling in the storm, shall be considered absent for purposes of this chapter and may vote absentee
22 on the day immediately prior to the election.
23 (b) A person who cares for children or infirm adults who reasonably anticipates that school,
24 child care, or adult care will be canceled, who otherwise would have voted in person but will be
25 deterred from voting by the need to care for children or infirm adults, shall be considered absent for
26 purposes of this chapter and may vote absentee on the day immediately prior to the election.
27 (c) As required by RSA 652:20, the clerk's office shall be open to receive applications for
28 absentee ballots, to provide voters the opportunity to complete absentee ballots, and to receive
29 returned ballots on the day immediately prior to an election at a minimum from 3:00 p.m. to 5:00
30 p.m. The clerk may designate a deputy clerk or assistant to provide this service, provided the
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1 individual has taken the oath of office and has been trained in the requirements for using an
2 absentee ballot and the procedures for issuing and receiving absentee ballots.
3 (d) In the event an election is postponed pursuant to RSA 669:1, the provisions of
4 subparagraph (c) shall apply to the day before the date of the originally scheduled election and the
5 day before the date of the postponed election.]
6 3 Absentee Voting. Amend RSA 657:4, I to read as follows:
7 I. Prior to any state election, the secretary of state shall prepare the appropriate application
8 forms for absentee ballots worded in substantially the following form. The secretary of state shall
9 insert the names of all parties qualified as set forth in RSA 652:11 in the list of parties on the
10 application form. The secretary of state shall prepare the application forms in such quantity as he or
11 she deems necessary:
12 [Absence (Excluding Absence Due to Residence Outside the United States), Religious Observance,
13 and Disability] Absentee Ballot Application:
14 I hereby declare that (check one):
15 _____ I am a duly qualified voter who is currently registered to vote in this town/ward.
16 _____ I am absent from the town/city where I am domiciled and will be until after the next election,
17 or I am unable to register in person due to a disability, and request that the forms necessary for
18 absentee voter registration be sent to me with the absentee ballot.
19 [I will be entitled to vote by absentee ballot because (check one):
20 _____ I plan to be absent on the day of the election from the city, town, or unincorporated place
21 where I am domiciled.
22 _____ I am requesting a ballot for the presidential primary election and I may be absent on the day
23 of the election from the city, town, or unincorporated place where I am domiciled, but the date of the
24 election has not been announced. I understand that I may only make such a request 14 days after
25 the filing period for candidates has closed, and that if I will not be absent on the date of the election I
26 am not eligible to vote by absentee ballot.
27 _____ I cannot appear in public on election day because of observance of a religious commitment.
28 _____ I am unable to vote in person due to a disability.
29 _____ I cannot appear at any time during polling hours at my polling place because of an
30 employment obligation. For the purposes of this application, the term "employment shall include the
31 care of children and infirm adults, with or without compensation.
32 For use only on the Monday immediately prior to the election: I cannot appear at my polling place on
33 election day because the National Weather Service has issued a winter storm warning, blizzard
34 warning, or ice storm warning for election day applicable to my city, town, or unincorporated place
35 and either (check one):
36 ______ I am elderly or infirm or I have a physical disability, and would otherwise vote in person but I
37 have concerns for my safety traveling in the storm.
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1 ______ I anticipate that school, child care, or adult care will be canceled, and would otherwise vote in
2 person but will need to care for children or infirm adults.]
3 Any person who votes or attempts to vote using an absentee ballot who is not entitled to vote by
4 absentee ballot shall be guilty of a misdemeanor. RSA 657:24.
5 I am requesting an official absentee ballot for the following election (check one):
6 _____ Presidential Primary to be held on ________________________________
7 (MM/DD/YYYY)
8 (The date may appear as blank when the date is not known.)
9 _____ State Primary to be held on_______________________________________
10 (MM/DD/YYYY)
11 _____ General Election
12 For primary elections, I am a member of or I am now declaring my affiliation with the (check one):
13 _____ Republican Party
14 _____ Democratic Party
15 _____ (name of any party determined by the secretary of state to have achieved official status under
16 RSA 652:11)
17 and am requesting a ballot for that party's primary.
18 Please print:
19 Applicant's Name: _________________________________________________
20 (Last) (First) (Middle) (Sr., Jr., II., III)
21 Applicant's Voting Domicile (home address):
22 ____________________________________________________________________
23 (Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
24 Mail the ballot to me at this address (if different than the home address):
25 ____________________________________________________________________
26 (Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
27 Applicant's Phone Number : ______________________
28 Applicant's Email Address : _______________________
29 Applicant's Signature: ____________________________
30 Date Signed: _____________________________________
31 (MM/DD/YYYY)
32 I attest that I assisted the applicant in executing this form because he or she has a disability.
33 Signature ____________________ Print Name ____________________ Address _____________________
34 [If your absentee ballot application or affidavit envelope has the printed name and signature of a
35 person who assisted you with voting, your signature will not be compared to your signature on the
36 absentee ballot affidavit to verify your identity. Otherwise, if your signatures do not appear to be
37 made by the same person, your absentee ballot may not be counted.]
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1 The applicant must sign this form to receive an absentee ballot unless he or she is unable to do so
2 because of a disability, in which case he or she may be assisted by another, who shall print
3 and sign his or her name and address on the application form. Any person who witnesses
4 and assists a voter with a disability in executing this form shall print and sign his or her name in
5 the space provided on the application form. The moderator will not compare the voter's signature on
6 the application with the signature on the absentee ballot affidavit when a person assisting the voter
7 has signed the statement on the absentee ballot application or affidavit envelope that assistance was
8 provided.
9 4 Absentee Voting Materials. Amend the introductory paragraph of RSA 657:7 and RSA 657:7, I
10 and II to read as follows:
11 657:7 [Absence, Religious Observance, and Disability] Absentee Voting. Prior to any state
12 election, the secretary of state shall prepare the following forms in such quantity as he or she deems
13 necessary:
14 I. [Absence, religious observance, and disability] Absentee ballots as provided in RSA
15 656:33.
16 II. Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the
17 following:
18 [(a) Absence from City or Town.] A person voting by absentee ballot [because of absence
19 from the city or town in which he or she is entitled to vote] shall fill out and sign the following
20 certificate:
21 I do hereby certify under the penalties for voting fraud set forth below that I am a voter in the city or
22 town of _______________, New Hampshire, in ward __________; [that I will be unable to appear at
23 any time during polling hours at my polling place because I will be working on election day, or I am
24 voting on the Monday immediately prior to the election, the National Weather Service has issued a
25 winter storm warning, blizzard warning, or ice storm warning, and I am elderly or infirm, have a
26 physical disability, or have to care for children or infirm adults, or I will be otherwise absent on
27 election day from said city or town and will be unable to vote in person;] that I have carefully read
28 (or had read to me because I am [blind] unable to read due to disability) the instructions
29 forwarded to me with the ballot herein enclosed, and that I personally marked the ballot within and
30 sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope
31 because I am [blind] disabled). [For the purposes of this certification, the term "working" shall
32 include the care of children and infirm adults, with or without compensation.]
33 (Signature) ___________________________________
34 In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false
35 information when registering to vote or voting is a class A misdemeanor with a maximum sentence
36 of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to
37 vote or voting is subject to a civil penalty not to exceed $5,000.
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1 [(b) Absence Because of Religious Observance or Physical Disability. A person voting by
2 absentee ballot because of religious observance or physical disability shall fill out and sign the
3 following certificate:
4 I do hereby certify under the penalties for voting fraud set forth below that I am a voter in the city or
5 town of ____________, New Hampshire, in ward ____________; that I will be observing a religious
6 commitment which prevents me from voting in person or that on account of physical disability I am
7 unable to vote in person; that I have carefully read (or had read to me because I am blind) the
8 instructions forwarded to me with the ballot herein enclosed, and that I personally marked the ballot
9 within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this
10 envelope because I am blind).
11 (Signature) ____________________
12 The signature on this affidavit must appear to be executed by the same person who signed the
13 absentee ballot application. A person assisting a disabled or blind voter shall make and sign a
14 statement on this envelope in the space provided acknowledging the assistance. The moderator will
15 not compare the voter's signature on this affidavit with the signature on the absentee ballot
16 application when a person assisting the voter has signed the statement on the affidavit that
17 assistance was provided.
18 In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false
19 information when registering to vote or voting is a class A misdemeanor with a maximum sentence
20 of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to
21 vote or voting is subject to a civil penalty not to exceed $5,000.]
22 5 Absentee Voting. Amend the subdivision heading preceding RSA 657:12 to read as follows:
23 Procedure for [Absence, Religious Observance, and Disability and Overseas] Absentee Voting
24 6 Absentee Voting in Town Elections. Amend RSA 669:26 to read as follows:
25 669:26 Absentee Voting.
26 [I.] Every town which has adopted an official ballot system for town elections as provided in
27 RSA 669:12 or 669:13 shall provide for absentee voting. [Any eligible voter who is absent from such
28 a town on the day of a town election, or who cannot appear in public on election day because of his or
29 her observance of a religious commitment, or who, by reason of physical disability, is unable to vote
30 in person may vote at a town election in accordance with the provisions of this section and RSA
31 669:27-669:29. A person who is unable to appear at any time during polling hours at his or her
32 polling place because of an employment obligation shall be considered absent for purposes of this
33 section and RSA 669:27-669:29. For the purposes of this section, the term "employment" shall
34 include the care of children and infirm adults, with or without compensation.
35 II. When the National Weather Service has issued a winter storm warning, blizzard
36 warning, or ice storm warning for election day applicable to the town:
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1 (a) A person who is elderly or infirm or who has a physical disability, who otherwise
2 would have voted in person but has concerns for his or her safety traveling in the storm, shall be
3 considered absent for purposes of this section and RSA 669:27-669:29 and may vote absentee on the
4 Monday immediately prior to the election.
5 (b) A person who cares for children or infirm adults who reasonably anticipates that
6 school, child care, or adult care will be canceled, who otherwise would have voted in person but will
7 be deterred from voting by the need to care for children or infirm adults, shall be considered absent
8 for purposes of this section and RSA 669:27-669:29 and may vote absentee on the Monday
9 immediately prior to the election.
10 (c) As required by RSA 652:20, the clerk's office shall be open to receive applications for
11 absentee