SB 47 - AS INTRODUCED
2021 SESSION
21-1042
11/06
SENATE BILL 47
AN ACT modifying the absentee voter registration process, absentee ballot application, and
absentee ballot voting process.
SPONSORS: Sen. Soucy, Dist 18; Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Sen. Perkins
Kwoka, Dist 21; Sen. Whitley, Dist 15; Sen. Prentiss, Dist 5; Sen. Cavanaugh,
Dist 16; Sen. Kahn, Dist 10; Sen. Rosenwald, Dist 13; Sen. Sherman, Dist 24; Rep.
Rogers, Merr. 28; Rep. Cote, Hills. 31
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill allows for no-excuse absentee registration and voting, and partial processing of
absentee ballots prior to election day.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 47 - AS INTRODUCED
21-1042
11/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT modifying the absentee voter registration process, absentee ballot application, and
absentee ballot voting process.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Absentee Voter Registration. Amend RSA 654:16 and RSA 654:17 to read as follows:
2 654:16 Applicability. Any person who has his or her domicile in any town or city in this state
3 and is qualified to vote therein at the next subsequent election to be held in said town or city except
4 for the fact that his or her name does not appear on the checklist to be used at the election[, and
5 who is temporarily absent therefrom or who by reason of physical disability is unable to attend a
6 meeting of the supervisors of the checklist,] may cause his or her name to be added to such checklist
7 by applying to the city or town clerk or the secretary of state for a voter registration form provided
8 for in RSA 654:7 and an appropriate absentee registration affidavit provided for in RSA 654:17.
9 654:17 Absentee Registration Affidavit.
10 I. The absentee registration affidavit shall be prepared by the secretary of state and shall be
11 in substantially the following form:
12 Affidavit [(Absence from town)]
13 I, __________________ do hereby swear or affirm, under the penalties for voting fraud set forth
14 below, the following:
15 1) That my legal domicile is in the town of _______________, New Hampshire, I will be of the age
16 of 18 years or over on election day and am entitled to vote in the election to be held in said town on
17 _______________, _________ (date), except for the fact that my name does not appear on the checklist
18 to be used in said town at such election;
19 2) [That I do not intend to be present within said town at such time prior to said election as shall
20 enable me personally to appear before the supervisors of the checklist of said town in their regular
21 sessions for the correction of the checklist for said election;
22 3) That I am temporarily residing in __________ (city and state or city, province, and country);
23 4)] That I hereby enclose one of the following as proof of identity and domicile:
24 (a) A copy of a current and valid New Hampshire driver's license or an armed services
25 identification or other photo identification issued by the United States government that shows my
26 name and address; or
27 (b) A copy of a current and valid photo identification and a copy of a current utility bill,
28 bank statement, government check, paycheck, other government document that shows my name and
29 address, or a letter from the administrator of a nursing home or similar facility affirming that I am a
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1 resident of that facility that was provided to me at my request pursuant to the administrator's duty
2 to provide such a letter upon my request;
3 [5)] 3) That I acknowledge that if I do not provide a copy of proof of identity and domicile as
4 required by section 4) above, this application may not be approved; and
5 [6)] 4) That I hereby make application for the addition of my name to the checklist of said town
6 to be used at said election.
7 ______________________________
8 Signature of Applicant
9 ___________________________
10 Date
11 In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false
12 information when registering to vote or voting is a class A misdemeanor with a maximum sentence
13 of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to
14 vote or voting is subject to a civil penalty not to exceed $5,000.
15 [Affidavit (Physical Disability)
16 I, _____________________ do hereby swear or affirm, under the penalties for voting fraud set forth
17 below, the following:
18 1) That my legal domicile is in the town of ________________, New Hampshire, I will be of the age
19 of 18 years or over on election day, and am entitled to vote in the election to be held in said town on
20 ________________, ___ (date), except for the fact that my name does not appear on the checklist to be
21 used in said town at such election;
22 2) That I am unable by reason of physical disability personally to appear before the supervisors
23 of the checklist of said town in their regular sessions for the correction of the checklist for said
24 election;
25 3) That I hereby enclose one of the following as proof of identity and domicile:
26 (a) A copy of a current and valid New Hampshire driver's license or an armed services
27 identification or other photo identification issued by the United States government that shows my
28 name and address; or
29 (b) A copy of a current and valid photo identification and a copy of a current utility bill, bank
30 statement, government check, paycheck, other government document that shows my name and
31 address, or a letter from the administrator of a nursing home or similar facility affirming that I am a
32 resident of that facility that was provided to me at my request pursuant to the administrator's duty
33 to provide such a letter upon my request;
34 4) That I acknowledge that if I do not provide a copy of proof of identity and domicile as required
35 by section 3) above, this application may not be approved; and
36 5) That I hereby make application for the addition of my name to the checklist of said town to be
37 used at said election.
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1 _________________________
2 Signature of Applicant
3
4 _________________________
5 Date
6 In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false
7 information when registering to vote or voting is a class A misdemeanor with a maximum sentence
8 of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to
9 vote or voting is subject to a civil penalty not to exceed $5,000.]
10 II. There shall be printed below each of the foregoing affidavits the following affirmation:
11 Affirmation
12 I, __________, the undersigned witness, do hereby swear or affirm, under the penalties for voting
13 fraud set forth below, that on the __________ day of __________, ___ (date), the above named,
14 __________, having satisfied me as to his or her identity, signed the foregoing affidavit in my
15 presence, and did before me swear to (or affirm) the truth of the statements therein contained.
16 ___________________________
17 Signature of Witness
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 2 Absentee Ballots. Amend RSA 656:33 to read as follows:
23 656:33 [Official Absence, Religious Observance, and Disability] Absentee Ballots. Prior to any
24 state election, the secretary of state shall prepare, in such quantity as the secretary of state may
25 deem necessary, [absence, religious observance, and disability] absentee ballots in the same form as
26 nearly as practicable as the official ballot to be used at said election. Said absentee ballots shall
27 have the words "absentee ballot" printed on them and shall be similarly endorsed and printed on
28 paper of the same color as that used for official ballots.
29 3 Absentee Voting. Amend RSA 657:1 to read as follows:
30 657:1 [Absence, Religious Observance, and Disability] Absentee Voting.
31 [I.] Any person who [will be absent on the day of any state election from the city, town, or
32 unincorporated place in which he or she is registered to vote or who cannot appear in public on any
33 election day because of his or her observance of a religious commitment or who is unable to vote
34 there in person by reason of physical disability] is qualified to vote at any state election may vote
35 at such [elections] election as provided in this chapter. [A person who is unable to appear at any
36 time during polling hours at his or her polling place because of an employment obligation shall be
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1 considered absent for purposes of this chapter. For the purposes of this section, the term
2 "employment" shall include the care of children and infirm adults, with or without compensation.
3 II. When the National Weather Service has issued a winter storm warning, blizzard
4 warning, or ice storm warning for election day applicable to the city, town, or unincorporated place:
5 (a) A person who otherwise would have voted in person but has concerns for his or her
6 safety traveling in the storm, shall be considered absent for purposes of this chapter and may vote
7 absentee on the day immediately prior to the election.
8 (b) A person who cares for children or infirm adults who reasonably anticipates that
9 school, child care, or adult care will be canceled, who otherwise would have voted in person but will
10 be deterred from voting by the need to care for children or infirm adults, shall be considered absent
11 for purposes of this chapter and may vote absentee on the day immediately prior to the election.
12 (c) As required by RSA 652:20, the clerk's office shall be open to receive applications for
13 absentee ballots, to provide voters the opportunity to complete absentee ballots, and to receive
14 returned ballots on the day immediately prior to an election at a minimum from 3:00 p.m. to 5:00
15 p.m. The clerk may designate a deputy clerk or assistant to provide this service, provided the
16 individual has taken the oath of office and has been trained in the requirements for using an
17 absentee ballot and the procedures for issuing and receiving absentee ballots.
18 (d) In the event an election is postponed pursuant to RSA 669:1, the provisions of
19 subparagraph (c) shall apply to the day before the date of the originally scheduled election and the
20 day before the date of the postponed election.]
21 4 Absentee Voting. Amend RSA 657:4, I to read as follows:
22 I. Prior to any state election, the secretary of state shall prepare the appropriate application
23 forms for absentee ballots worded in substantially the following form. The secretary of state shall
24 insert the names of all parties qualified as set forth in RSA 652:11 in the list of parties on the
25 application form. The secretary of state shall prepare the application forms in such quantity as he or
26 she deems necessary:
27 [Absence (Excluding Absence Due to Residence Outside the United States), Religious Observance,
28 and Disability] Absentee Ballot Application:
29 I hereby declare that (check one):
30 _____ I am a duly qualified voter who is currently registered to vote in this town/ward.
31 _____ I am [absent from the town/city where I am domiciled and will be until after the next election,
32 or I am unable to register in person due to a disability,] a duly qualified voter who is currently
33 registered to vote in this town/ward and request that the forms necessary for absentee voter
34 registration be sent to me with the absentee ballot.
35 [I will be entitled to vote by absentee ballot because (check one):
36 _____ I plan to be absent on the day of the election from the city, town, or unincorporated place
37 where I am domiciled.
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1 _____ I am requesting a ballot for the presidential primary election and I may be absent on the day
2 of the election from the city, town, or unincorporated place where I am domiciled, but the date of the
3 election has not been announced. I understand that I may only make such a request 14 days after
4 the filing period for candidates has closed, and that if I will not be absent on the date of the election I
5 am not eligible to vote by absentee ballot.
6 _____ I cannot appear in public on election day because of observance of a religious commitment.
7 _____ I am unable to vote in person due to a disability.
8 _____ I cannot appear at any time during polling hours at my polling place because of an
9 employment obligation. For the purposes of this application, the term "employment shall include the
10 care of children and infirm adults, with or without compensation.
11 For use only on the Monday immediately prior to the election: I cannot appear at my polling place on
12 election day because the National Weather Service has issued a winter storm warning, blizzard
13 warning, or ice storm warning for election day applicable to my city, town, or unincorporated place
14 and either (check one):
15 ______ I am elderly or infirm or I have a physical disability, and would otherwise vote in person but I
16 have concerns for my safety traveling in the storm.
17 ______ I anticipate that school, child care, or adult care will be canceled, and would otherwise vote in
18 person but will need to care for children or infirm adults.]
19 Any person who votes or attempts to vote using an absentee ballot who is not entitled to vote by
20 absentee ballot shall be guilty of a misdemeanor. RSA 657:24.
21 I am requesting an official absentee ballot for the following election (check one):
22 _____ Presidential Primary to be held on _________________________
23 (MM/DD/YYYY)
24 (The date may appear as blank when the date is not known.)
25 _____ State Primary to be held on_________________________
26 (MM/DD/YYYY)
27 _____ General Election
28 For primary elections, I am a member of or I am now declaring my affiliation with the (check one):
29 _____ Republican Party
30 _____ Democratic Party
31 _____ (name of any party determined by the secretary of state to have achieved official status under
32 RSA 652:11)
33 and am requesting a ballot for that party's primary.
34 Please print:
35 Applicant's Name: _________________________________________________
36 (Last) (First) (Middle) (Sr., Jr., II., III)
37 Applicant's Voting Domicile (home address):
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1 ____________________________________________________________________
2 (Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
3 Mail the ballot to me at this address (if different than the home address):
4 ____________________________________________________________________
5 (Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
6 Applicant's Phone Number : ______________________
7 Applicant's Email Address : ____