HB 531-FN-LOCAL - AS INTRODUCED
2021 SESSION
21-0537
11/06
HOUSE BILL 531-FN-LOCAL
AN ACT relative to determining the qualifications of voters and establishing provisional
voter registration and provisional ballots.
SPONSORS: Rep. Lynn, Rock. 7; Rep. Abramson, Rock. 37
COMMITTEE: Election Law
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill eliminates the qualified voter affidavit and establishes provisional registration and
voting procedures.
---------------------------------------------------------------------------
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 531-FN-LOCAL - AS INTRODUCED
21-0537
11/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to determining the qualifications of voters and establishing provisional
voter registration and provisional ballots.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Voters and Checklists; Temporary Absence or Presence. Amend the introductory paragraph of
2 RSA 654:2, II(d) and RSA 654:2, II(d)(1) to read as follows:
3 (d) For the purposes of voter registration under RSA 654:7, [IV(c)] III(c), an applicant
4 shall demonstrate an intent to make a place his or her domicile by providing documentation showing
5 that the applicant has a domicile at the address provided on the voter registration form. Such
6 documentation may include, but is not limited to:
7 (1) Evidence of [residency] having established domicile, as set forth in RSA 654:1, I-a, at an
8 institution of learning in that place;
9 2 Voters and Checklists; Temporary Absence or Presence. Amend RSA 654:2, III to read as
10 follows:
11 III. An individual applying for registration as a voter 30 or fewer days before an election
12 shall use the election day registration form required by RSA 654:7, [IV(c)] III(c) which shall require
13 the applicant to provide the date he or she established his or her voting domicile in New Hampshire.
14 The registration form shall require the voter to identify and provide evidence of a verifiable action he
15 or she has taken carrying out his or her intent to make the place claimed on the voter registration
16 form his or her domicile.
17 3 Voter Registration; Voter Registration Form. Amend RSA 654:7 to read as follows:
18 654:7 Voter Registration; Voter Registration Form.
19 I. Any person registering to vote shall be:
20 (a) At least 18 years of age on the day of the next election; and
21 (b) A United States citizen; and
22 (c) Domiciled in the town or city in which the applicant is registering to vote and not
23 otherwise disqualified to vote.
24 II. The applicant shall be required to produce appropriate proof of qualifications as provided
25 in RSA 654:12 and fill out the form as prescribed in paragraph [IV] III.
26 III. [If an applicant is unable to provide the proof of qualifications as required in RSA
27 654:12, he or she may register by completing the necessary affidavits, pursuant to RSA 654:12, and
28 completing the form in subparagraph IV(b), unless the person is registering within 30 days before an
29 election or at the polling place on election day. If an applicant is registering at the polling place on
30 election day and is unable to provide the proof of qualifications as required in RSA 654:12, he or she
HB 531-FN-LOCAL - AS INTRODUCED
- Page 2 -
1 may register by completing the form in subparagraph IV(c) under oath, which oath may be witnessed
2 by an election official or any other person, working in conjunction with the supervisors of the
3 checklist, who is authorized by law to administer oaths, including, but not limited to, any justice of
4 the peace or notary public; should the applicant not otherwise have proof of identity and therefore be
5 relying upon the form for proof of identity, the act of swearing to the form shall constitute sufficient
6 proof of identity for the purposes of any person administering the oath, notwithstanding any
7 language to the contrary in any laws relating to the administering of oaths for other purposes.
8 IV.](a) Standard registration application forms shall be used throughout the state. The
9 registration forms shall be no larger than 8 1/2 inches by 11 inches.
10 (b) The secretary of state shall prescribe the form of the voter registration form to be
11 used for voter registrations, transfers, or updates other than those used within 30 days of an election
12 or at the polling place on election day, which shall be in substantially the following form:
13 ___ NEW REGISTRATION I am not registered to vote in New Hampshire
14 ___ TRANSFER I am registered to vote in New Hampshire and have moved my voting domicile
15 to a new town or ward in New Hampshire
16 ___ NAME CHANGE/ADDRESS UPDATE I am registered to vote in this town/ward and have
17 changed my name/address
18 Date ____________________
19 VOTER REGISTRATION FORM
20 (Please print or type)
21 1. Name _______________________________________________________________
22 Last (suffix) First Full Middle Name
23 2. Domicile Address _____________________________________________________
24 Street Ward Number
25 ________________________________________________________________________
26 Town or City Zip Code
27 3. Mailing Address if different than in 2 ___________________________________
28 Street
29 ________________________________________________________________________
30 Town or City Zip Code
31 4. Place and Date of Birth ________________________________________________
32 Town or City State
33 Date____________________
34 5. Are you a citizen of the United States? Yes _____ No _____
35 If a naturalized citizen, give name of court where and date when naturalized
36 ________________________________________________________________________
37 6. Place last registered to vote ____________________________________________
HB 531-FN-LOCAL - AS INTRODUCED
- Page 3 -
1 Street Ward Number
2 I am not currently registered to vote elsewhere (initial here __________), or I request that my name
3 be removed as a registered voter in ______________________________ (fill in your address where
4 previously registered, street, city/town, state, and zip code)
5 7. Name under which previously registered, if different from above
6 _______________________________________________________________________
7 8. Party Affiliation (if any) _______________________________________________
8 9. Driver's License Number _________________________State ________________
9 If you do not have a valid driver's license, provide the last four digits of your social security
10 number __________
11 My name is ____________________. I am today registering to vote in the city/town of
12 ____________________, New Hampshire. If a city, ward number __________.
13 I understand that to vote in this ward/town, I must be at least 18 years of age, I must be a
14 United States citizen, and I must be domiciled in this ward/town.
15 I understand that a person can claim only one state and one city/town as his or her domicile at a
16 time. A domicile is that place, to which upon temporary absence, a person has the intention of
17 returning. By registering or voting today, I am acknowledging that I am not domiciled or voting in
18 any other state or any other city/town.
19 In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state
20 or federal elections in another state.
21 If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a
22 supervisor of the checklist is available to address my questions or concerns.
23 I acknowledge that I have read and understand the above qualifications for voting and do hereby
24 swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-
25 stated city/town, and[, if registering on election day,] that I have not voted and will not vote at any
26 other polling place this election.
27 _________________________ _______________________________________
28 Date Signature of Applicant
29 In accordance with RSA 659:34, the penalty for knowingly or purposely providing false
30 information when registering to vote or voting is a class A misdemeanor with a maximum sentence
31 of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to
32 vote or voting is subject to a civil penalty not to exceed $5,000.
33 (c) The secretary of state shall prescribe the form of the voter registration form to be
34 used only for voter registrations, transfers, or updates starting 30 days before each election and at
35 the polling place on election day, which shall be in substantially the following form:
36 ___ NEW REGISTRATION I am not registered to vote in New Hampshire
HB 531-FN-LOCAL - AS INTRODUCED
- Page 4 -
1 ___ TRANSFER I am registered to vote in New Hampshire and have moved my voting domicile to a
2 new town or ward in New Hampshire
3 ___ NAME CHANGE/ADDRESS UPDATE I am registered to vote in this town/ward and have
4 changed my name/address
5 Date registration form is submitted _______________
6 Date applicant moved to the address listed below as the voter's domicile __________
7 VOTER REGISTRATION FORM
8 FOR USE STARTING 30 DAYS BEFORE AN ELECTION AND AT THE POLLING PLACE ON
9 ELECTION DAY
10 (Please print or type)
11 1. Name ____________________________________________________________
12 Last (suffix) First Full Middle Name
13 2. Domicile Address __________________________________________________
14 Street Ward Number
15 _____________________________________________________________________
16 Town or City Zip Code
17 3. Mailing Address if different than in 2 ________________________________
18 Street
19 _____________________________________________________________________
20 Town or City Zip Code
21 4. Place and Date of Birth ____________________________________________
22 Town or City State
23 Date____________________
24 5. Are you a citizen of the United States? Yes _____ No _____
25 If a naturalized citizen, give name of court where and date when naturalized
26 _____________________________________________________________________
27 6. Place last registered to vote _________________________________________
28 Street Ward Number
29 I am not currently registered to vote elsewhere (initial here __________), or I request that my name
30 be removed as a registered voter in ______________________________ (fill in your address where
31 previously registered, street, city/town, state, and zip code)
32 7. Name under which previously registered, if different from above
33 _____________________________________________________________________
34 8. Party Affiliation (if any) _____________________________________________
35 9. Driver's License Number _________________________State ______________
36 If you do not have a valid driver's license, provide the last four digits of your social security
37 number __________
HB 531-FN-LOCAL - AS INTRODUCED
- Page 5 -
1 My name is ____________________. I am today registering to vote in the city/town of
2 ____________________, New Hampshire. If a city, ward number __________.
3 I understand that to vote in this ward/town, I must be at least 18 years of age, I must be a
4 United States citizen, and I must be domiciled in this ward/town.
5 I understand that a person can claim only one state and one city/town as his or her domicile at a
6 time. A domicile is that place, to which upon temporary absence, a person has the intention of
7 returning. By registering or voting today, I am acknowledging that I am not domiciled or voting in
8 any other state or any other city/town.
9 In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state
10 or federal elections in another state.
11 If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a
12 supervisor of the checklist is available to address my questions or concerns.
13 I understand that to make the address I have entered above my domicile for voting I must have
14 an intent to make this the one place from which I participate in democratic self-government and
15 must have acted to carry out that intent.
16 [I understand that if I have documentary evidence of my intent to be domiciled at this address
17 when registering to vote, I must either present it at the time of registration or I must place my
18 initials next to the following paragraph and mail a copy or present the document at the town or city
19 clerk's office within 10 days following the election (30 days in towns where the clerk's office is open
20 fewer than 20 hours weekly).
21 _____ By placing my initials next to this paragraph, I am acknowledging that I have not
22 presented evidence of actions carrying out my intent to be domiciled at this address, that I
23 understand that I must mail or personally present to the clerk's office evidence of actions carrying
24 out my intent within 10 days following the election (or 30 days in towns where the clerk's office is
25 open fewer than 20 hours weekly), and that I have received the document produced by the secretary
26 of state that describes the items that may be used as evidence of a verifiable action that establishes
27 domicile.
28 Failing to report and provide evidence of a verifiable action will prompt official mail to be sent to
29 your domicile address by the secretary of state to verify the validity of your claim to a voting domicile
30 at this address.
31 I understand that if I do not have any documentary evidence of my intent to be domiciled at this
32 address, I must place my initials next to the following paragraph:
33 _____ By placing my initials next to this paragraph, I am acknowledging that I am aware of no
34 documentary evidence of actions carrying out my intent to be domiciled at this address, that I will
35 not be mailing or delivering evidence to the clerk's office, and that I understand that officials will be
36 sending mail to the address on this form or taking other actions to verify my domicile at this
37 address.]
HB 531-FN-LOCAL - AS INTRODUCED
- Page 6 -
1 I acknowledge that I have read and understand the above qualifications for voting and do hereby
2 swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-
3 stated city/town, and, if registering on election day, that I have not voted and will not vote at any
4 other polling place this election.
5 __________________ _________________________________________
6 Date Signature of Applicant
7 [If this form is used in place of proof of identity, age, or citizenship, I hereby swear that such
8 information is true and accurate to the best of my knowledge.
9 This form was executed for purposes of proving (applicant shall circle yes or no and initial each
10 item):
11 Identity yes/no _____
12 (initials)
13 Citizenship yes/no _____
14 (initials)
15 Age yes/no _____
16 (initials)
17 _________________________ _______________________________
18 Applicant Election Official
19 _________________________
20 Notary Public/Justice of the Peace/Official Authorized by RSA 659:30]
21 In accordance with RSA 659:34, the penalty for knowingly or purposely providing false
22 information when registering to vote or voting is a class A misdemeanor with a maximum sentence
23 of imprisonment not to exceed one year