I am writing to ask your support in urging the Governor to VETO SB403. This
bill as amended by a single party Committee of Conference, will, if passed
into law require election workers to separate the affidavits of all voters
registering on election day who do not have a photo ID. These affidavits will
be segregated and the names of the voters will be marked on the voter registration
database for follow up and possible investigation.
There are many good reasons for the Governor to veto the bill, not the least
of which being that election workers in 2006 will be overwhelmed already with
implementing two entirely new voting systems mandated by the federal government:
a centralized voter registration database and a voting solution for persons
with disabilities. This is not the year to create additional requirements,
especially requirements that can have the effect of voter suppression if not
properly carried out.
If the purpose is to counter voter fraud (despite the AG's diligent report,
which showed that voter fraud is not a problem in NH), then we can work to
pass new legislation next session that addresses voter fraud controls in
a nondiscriminatory manner without embedded photo ID requirements.
(For instance, random audits of same day registrants.)
Other reasons to ask for a veto include:
* There is no reason to suppose that possession of a photo ID implies increased
security.
* Photo ID requirements for registration and
casting of ballots result in voter suppression in a multitude of
ways (poll tax, disparate treatment, etc.).
* There are at least 25,000 voters in NH who do not have a photo ID. Their
rights to NH due process of election day registration should be no less than
other NH voters.
* The bill that came out of Committee of Conference intentionally removed
student (high school and college) IDs as a recognized form of photo ID.
This indicates
that the bill is designed to target a specific class of voter: students.
* The new process places an unnecessary burden on election officials
already struggling with two significant changes to the election process
(registration
database and disability voting system).
* It is bad practice and bad democracy to segregate different classes
of voters, and this is exactly what the bill does. It assumes that a
voter
with a photo
ID is more trustworthy than one without, and it places the one without
in a position to be subject to CRIMINAL investigation should they move
after
voting.
* There should not be one process for one group of voters and another
process for other groups of voters.
Disclaimer: This is a personal statement and does not come from the DFNH Fair Elections Committee.
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TEXT OF BILL
May 18, 2006
2006-2325-CofC
03/04
Committee of Conference Report on SB 403, an act relative to verification of
identity when a person registers or attempts to vote.
Recommendation:
That the Senate recede from its position of nonconcurrence with the House amendment,
and
That the House recede from its position in adopting its amendment to the bill,
and
That the Senate and House adopt the following new amendment to the bill as
amended by the Senate, and pass the bill as so amended:
Amend the bill by replacing all after the enacting clause with the following:
1 New Paragraphs; Determining Qualifications of Applicant; Identity; Verification.
Amend RSA 654:12 by inserting after paragraph II the following new paragraphs:
III. To prove the qualifications set forth in paragraphs I and II, an applicant
for registration as a voter must prove his or her identity to establish that
the evidence used to prove age, citizenship, and domicile relate to the applicant.
A person who has in his or her immediate possession a photo identification
approved for use by paragraph II must present that identification when applying
for registration. A person who does not have an approved photo identification
with him or her may establish identity through any reasonable means, including,
but not limited to: photo identification not approved by paragraph II, but
determined to be legitimate by the supervisors of the checklist or clerk, verification
of the person’s identity by another person registered as a voter and
known to the supervisor or clerk, or completion of the affidavit to be completed
by a challenged voter. Residents of a nursing home or similar facility may
prove their identity through ver!
ification of identity by the administrator of the facility or by his or her
designee. For the purposes of this section, the application of a person whose
identity has been verified by an official of a nursing home or similar facility
shall be treated in the same manner as the application of a person who proved
his or her identity with a photo identification.
IV. Any person who is applying for registration as a voter and who is currently
registered to vote in a different town or ward in New Hampshire shall complete
the voter registration form provided for in RSA 654:7. If the election official
receiving the application confirms through the centralized voter registration
database required by RSA 654:45 that the applicant is currently registered
to vote in New Hampshire, the applicant shall prove identity and domicile,
but shall not be required to prove his or her age or citizenship.
V.(a) The election official approving the application for registration as voter
of a person who does not present an approved form of photo identification as
proof of identity when registering, shall mark the voter registration form
to indicate that no photo identification was presented. The person entering
the voter information into the centralized voter registration database shall
determine if the person is listed in the system as having been previously registered
in the town or ward reported by the applicant on the voter registration form.
If the person is a new registrant who has not been previously registered anywhere
in New Hampshire or if the centralized voter registration database does not
confirm a previous registration claimed on the voter registration form, the
election official shall cause the record created in the centralized voter registration
database to indicate that the person is a new applicant in New Hampshire and
that no photo identification!
was presented. When municipalities enter information on people who register
on election day into the centralized voter registration database, to the extent
practical applicants who are registering for the first time in New Hampshire
and who also register without presenting an approved photo identification shall
be entered first.
(b) The secretary of state shall cause a letter of identity verification to
be mailed by first class mail to each voter identified as a first-time election
day registrant in New Hampshire who also did not verify his or her identity
with an approved photo identification. The secretary of state shall mark the
envelope with instructions to the United States Post Office not to forward
the letter and to provide address correction information. The letter shall
notify the person that a person who was unable to present photo identification
registered or registered and voted using his or her name and address and instruct
the person to contact the attorney general immediately if he or she did not
register and vote.
(c) The secretary of state shall cause any letters mailed pursuant to subparagraph
(b) that are returned as undeliverable by the United States Post Office to
be referred to the attorney general. Upon receipt of notice from a person who
receives a letter of identity verification that the person did not register
and vote, or upon receipt of a referral from the secretary of state, the attorney
general shall cause an investigation to be made to determine whether fraudulent
registration or voting occurred.
2 Obtaining a Ballot; Verification of Age. Amend RSA 659:13 to read as follows:
659:13 Obtaining a Ballot. A person desiring to vote shall, before being admitted
to the enclosed space within the guardrail, announce his or her name to one
of the ballot clerks who shall thereupon repeat the name; and, if the name
is found on the checklist by the ballot clerk, the ballot clerk shall put a
checkmark beside it and again repeat the name. The ballot clerk shall state
the address listed on the checklist for the voter, and ask if the address is
correct; if the address on the checklist is not correct, the ballot clerk shall
correct the address in red on the paper checklist and the supervisors of the
checklist shall cause the centralized voter registration database to reflect
the correction. The voter, if still qualified to vote in the town or ward and
unless challenged as provided for in RSA 659:27-33, shall then be allowed to
enter the space enclosed by the guardrail. After the voter enters the enclosed
space, the ballot clerk shall give the voter one!
of each ballot to be voted on in that election which shall be folded as it
was upon receipt from the secretary of state.
3 Effective Date.
I. Section 2 of this act shall take effect September 1, 2006.
II. The remainder of this act shall take effect June 1, 2006.
2006-2325-CofC
AMENDED ANALYSIS
This bill:
I. Requires proof of identity by persons registering to vote and modifies certain
procedures for voter registration applications.
II. Requires supervisors of the checklist to include election day changes of
address in the centralized voter registration database.
