2014 New Hampshire Revised Statutes
Title LXIII - ELECTIONS
Chapter 659 - ELECTION PROCEDURE
Section 659:13 - Obtaining a Ballot.

[RSA 659:13 effective until September 1, 2015, at 12:02 a.m.; see also RSA 659:13 set out below.]     659:13 Obtaining a Ballot. –
    I. 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 ballot clerk shall request that the voter present a valid photo identification meeting the requirements of paragraph II. If the voter does not have a valid photo identification, the ballot clerk shall inform the voter that he or she may execute a challenged voter affidavit. The voter, if still qualified to vote in the town or ward and having presented a valid photo identification verifying the voter's identity or executed a challenged voter affidavit, and unless challenged as provided for in RSA 659:27 through 659:33, 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. The ballot clerk shall also mark the checklist using a ruler or other straight edge to ensure accuracy of the mark in order to show that the voter obtained his or her ballot. The person entering voter information into the centralized voter registration database shall cause the records to indicate when a voter has not presented a valid photo identification and whether such voter executed a challenged voter affidavit.
    II. (a) A valid photo identification shall show the name of the individual to whom the identification was issued, and the name shall substantially conform to the name in the individual's voter registration record; it also shall show a photograph of the individual to whom the identification was issued. The photo identification shall also have an expiration date that has not been exceeded by a period of more than 5 years, except that a voter 65 years of age or older may use an otherwise qualified form of identification without regard to expiration date, and except that student identification cards shall comply with the date requirements in subparagraph (5). The following forms of identification bearing a photograph of the voter shall satisfy the identification requirements of paragraph I:
          (1) A driver's license issued by any state or the federal government.
          (2) An identification card issued under RSA 260:21 or a nondriver's identification card issued by the motor vehicles division, department, agency, or office of any state.
          (3) A United States armed services identification card.
          (4) A United States passport or passcard.
          (5) A valid student identification card if:
             (A) The card is issued by:
                (i) A college, university, or career school in New Hampshire and approved to operate or licensed to operate in New Hampshire.
                (ii) A public high school in New Hampshire.
                (iii) A nonpublic high school in New Hampshire accredited by a private school accrediting agency that is recognized by the department of education.
                (iv) Dartmouth College.
                (v) A college or university operated by the university system of New Hampshire or the community college system of New Hampshire.
             (B) The card has either an expiration date or an issuance date that has not been exceeded by a period of more than 5 years, except that, at all elections prior to September 1, 2018, student identification cards without a date of expiration or issuance shall be accepted.
       (b) In addition to the forms of photo identification authorized in subparagraph (a), the following shall satisfy the identification requirements of paragraph I:
          (1) A photo identification not authorized by subparagraph (a) but determined to be legitimate by the supervisors of the checklist, the moderator, or the clerk of a town, ward, or city, provided that if any person authorized to challenge a voter under RSA 659:27 objects to the use of such photo identification, identifies the reason for the objection in writing, and states the specific source of the information or personal knowledge upon which the challenge of the photo identification is based, the voter shall be required to execute a challenged voter affidavit as if no identification was presented.
          (2) Verification of the person's identity by a moderator or supervisor of the checklist or the clerk of a town, ward, or city, provided that if any person authorized to challenge a voter under RSA 659:27 objects to such verification, identifies the reason for the objection in writing, and states the specific source of the information or personal knowledge upon which the challenge of the verification of identity is based, the voter shall be required to execute a challenged voter affidavit as if no verification was made.
       (c) The secretary of state shall post the lists of educational institutions provided by the commissioner of the department of education under RSA 21-N:4, XI on the department of state's website, and otherwise shall make such lists available to local election officials.
    III. If a voter on the nonpublic checklist executes a challenged voter affidavit in accordance with paragraph I, the affidavit shall not be subject to RSA 91-A.
    IV. (a) The secretary of state shall cause a letter of identity verification to be mailed by first class mail to each voter who executed a challenged voter affidavit in accordance with paragraph I. The letter shall be mailed within 60 days after the election, except that if the election is a state primary election, the letter shall be mailed 60 days after the general election, and if the election is a regularly scheduled municipal election, the letter shall be mailed by the July 1 or January 1 next following the election. 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 did not present valid photo identification voted using his or her name and address and instruct the person to return the letter within 90 days with a written confirmation that the person voted or to contact the attorney general immediately if he or she did not vote. The letter shall also inform the person of the procedure for obtaining a free nondriver's picture identification card for voting purposes.
    IV. (a) The secretary of state shall cause a letter of identity verification to be mailed by first class mail to each voter who executed a challenged voter affidavit in accordance with paragraph I. The letter shall be mailed by January 10 in every odd-numbered year in the case of persons executing challenged voter affidavits at a state primary or general election, or within 90 days after any other election. 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 did not present valid photo identification voted using his or her name and address and instruct the person to return the letter within 90 days with a written confirmation that the person voted or to contact the attorney general immediately if he or she did not vote. The letter shall also inform the person of the procedure for obtaining a free nondriver's picture identification card for voting purposes.
       (b) The secretary of state shall cause any letters mailed pursuant to subparagraph (a) that are returned as undeliverable by the United States Post Office to be referred to the attorney general. The secretary of state shall also prepare and forward to the attorney general a list of all persons who were mailed letters under subparagraph (a) and have not confirmed that they voted. Upon receipt of notice from a person who receives a letter of identity verification that the person did not 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 voting occurred.
       (c) Within 60 days after a state general election, the secretary of state shall compile a report of the number of voters that did not present valid photo identification at each election occurring since the previous state general election, and forward the report to the speaker of the house of representatives, the president of the senate, and the chairpersons of the appropriate house and senate standing committees with jurisdiction over election law.

Source. 1979, 436:1. 2002, 98:1. 2006, 300:2, eff. Sept. 1, 2006. 2012, 284:1, eff. June 27, 2012; 289:2, eff. July 6, 2012. 2013, 278:4, eff. July 24, 2013. 2014, 131:1, eff. Aug. 15, 2014; 319:5, eff. Sept. 30, 2014