Bill Text: NH HB593 | 2019 | Regular Session | Amended


Bill Title: Relative to updating official voter checklists and expanding the voter information exemption under the right to know law.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-08-21 - Signed by Governor Sununu 08/16/2019; Chapter 331; I. Sec. 3 & 4 Eff: as provided in Sec. 5 II. Rem. Eff: 10/15/2019 [HB593 Detail]

Download: New_Hampshire-2019-HB593-Amended.html

HB 593 - AS AMENDED BY THE SENATE

 

7Mar2019... 0473h

05/23/2019   2038s

2019 SESSION

19-0667

11/05

 

HOUSE BILL 593

 

AN ACT relative to updating official voter checklists and expanding the voter information exemption under the right to know law.

 

SPONSORS: Rep. Gay, Rock. 8; Rep. McBride, Rock. 8

 

COMMITTEE: Election Law

 

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AMENDED ANALYSIS

 

This bill outlines procedures that supervisors of the checklist must follow when they receive informal reports that a voter has died or has changed address.  The bill also expands the exemption for certain voter information under the New Hampshire right to know law.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2019... 0473h

05/23/2019   2038s 19-0667

11/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to updating official voter checklists and expanding the voter information exemption under the right to know law.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Sections; Unofficial Reports of Death.  Amend RSA 654 by inserting after section 37 the following new sections:

654:37-a  Unofficial Reports of Death.  If the supervisors of the checklist learn of the death of a voter but do not receive notice as outlined in RSA 654:37, they shall mail to the last known address of the voter a 30-day letter specifically for updating the checklist upon the death of a voter.  Such letter shall include the contact information for the supervisors' of the checklist to which a response may be sent.  If there is no response within 30 days, the supervisors will remove that voter’s name from the checklist.  If there is a response confirming the death within 30 days, the supervisors may remove the voter’s name upon receipt of the confirmation of death.

2  Voters and Checklists; Removing Names from the Checklist; Notice Required.  Amend RSA 654:44, II to read as follows:

II.  The provisions of this section do not apply to the removal of the names of persons for whom the supervisors have received a report of transfer or death as provided in RSA 654:36, [or] 654:37, or 654:37-a, nor to the removal of names during the period for verification of the checklist as provided in RSA 654:38 or 654:39, nor to the removal of names of persons for whom they have received a notice from a duly authorized board of registration from a community outside New Hampshire stating that a person whose name is on the checklist of the town or ward in New Hampshire has registered to vote outside New Hampshire.

3  Voters and Checklists; Right to Know Exemption.  Amend RSA 654:31-a to read as follows:

654:31-a  Right to Know Exemption.  The information contained on the checklist of a town or city, specifically, the name, domicile address, mailing address, town or city, and party affiliation, if any, of registered voters, except as otherwise provided by statute, is public information subject to RSA 91-A.  All other information on the voter registration form, absentee registration affidavit, qualified voter affidavits, domicile affidavits, affidavit of religious exemption, [and] application for absentee ballot, and contact information, including but not limited to a phone number and email address, provided to the secretary of state or other election officials for the purpose of receiving information about elections shall be treated as confidential information and the records containing this information shall be exempt from the public disclosure provisions of RSA 91-A, except as provided by statutes other than RSA 91-A.  Notwithstanding the foregoing, qualified voter affidavits are public records subject to RSA 91-A for the sole purpose of challenging an individual registering to vote or voting, challenging ballots to be recounted, to the extent that such ballot challenges are specifically authorized by law, or determining the accuracy of any qualified voter affidavit.  Election officials and law enforcement personnel in furtherance of their official duties may access and may disclose information from the voter registration form, qualified voter affidavits, affidavits of religious exemption, absentee registration affidavits, and applications for absentee ballots, if necessary to resolve a challenge to an individual registering to vote or voting, or if necessary to investigate or prosecute election law violations or any crime.  Law enforcement access and use of such records for the investigation or prosecution of crimes unrelated to election law violations shall be limited to the records of the specific individuals who are the subject of the investigation or prosecution.

4  Effective Date.  This act shall take effect 60 days after its passage.

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