Bill Text: NH SB279 | 2014 | Regular Session | Introduced

Bill Title: Relative to challenges of voters.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2014-04-30 - Inexpedient to Legislate Motion Adopted Voice Vote [SB279 Detail]

Download: New_Hampshire-2014-SB279-Introduced.html






AN ACT relative to challenges of voters.

SPONSORS: Sen. Boutin, Dist 16; Rep. Fields, Belk 4

COMMITTEE: Public and Municipal Affairs


This bill modifies the voter challenge form to clarify whether the moderator or the supervisors of the checklist have ruled on the challenge.

This bill was requested by the department of state.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to challenges of voters.

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

1 Asserting a Challenge. Amend RSA 659:27-a, I to read as follows:

I. No challenge may be asserted except in the form of a signed affidavit, under oath administered by an election official, in the following form:


Name of Person Making the Challenge:


Last Name First Name Middle Name/Initial


Party affiliation


If person making a challenge is a voter: Physical Address--Street Name & Number


If person is a political party or attorney general appointee: mailing address & phone number


The challenger's qualifications to assert the challenge

INFORMATION ON THE VOTER BEING CHALLENGED: The person making the challenge shall complete the following:

Name being used by the voter who you wish to challenge:


Last Name First Name Middle Name

GROUNDS FOR THE CHALLENGE: The person making the challenge shall indicate the ground on which the challenge is made (check all grounds that apply).

(a) ___ The person seeking to vote is not the individual whose name he or she has given

(b) ___ The person seeking to vote has already voted in the election at (name polling place) ____________ at approximately (state time if known) __________

(c) ___ The person seeking to vote is disqualified as a voter by conviction of a willful violation of the elections laws (state offense, court, and date of conviction) ____________________

(d) ___ The person seeking to vote is under 18 years of age

(e) ___ The person seeking to vote is not a United States Citizen

(f) ___ The person seeking to vote is not domiciled in the town or ward where he or she is seeking to vote (state person's true domicile--town/city) ____________________

(g) ___ The person seeking to vote does not reside at the address listed for that person on the checklist

(h) ___ The person seeking to vote is an incarcerated convicted felon who is currently sentenced to incarceration (state name of institution person is in) ____________________

(i) ___ This is a primary and the person seeking to vote in the (state political party name) __________ primary is not a declared member of the party he or she claims to be affiliated with

(j) ___ The person seeking to vote is ineligible to vote pursuant to the following state or federal statute or constitutional provision: ____________________

BASIS FOR THE CHALLENGE: The person making the challenge shall state the specific source of the information or personal knowledge upon which the challenge of the particular individual is based:




OATH: The person making the challenge shall complete the following:

I hereby swear and affirm, under the penalties of perjury, that to the best of my knowledge and belief the information above is true and correct.


(Signature of challenger)

On the date shown above, before me, __________ (print name of notary public, justice of the peace, election officer), appeared __________ (print name of person whose signature is being notarized), known to me or satisfactorily proven (circle one) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.


Notary Public/Justice of the Peace/Official Authorized by RSA 659:30

TO BE COMPLETED BY THE MODERATOR: Ruling on the challenge:

If the ground at issue is election law violation, age, citizenship, [or] domicile, different address from what appears on the checklist, incarcerated felon, or wrong party in a partisan primary, listed as grounds (c)-(j): The supervisors of the checklist have ruled that the challenged voter is: qualified as a voter; not qualified as a voter.

The moderator rules on challenges based on other grounds. The moderator rules that the challenge is: well grounded; not well grounded. If it is ruled that the voter is not qualified or that the challenge is well grounded, the challenged person may vote only if he or she completes and swears to a challenged voter affidavit.

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