additional commentary by Rep. Timothy Horrigan; February 24 & March 16, 2013
This bill tries to clarify something which should be considered established law: i.e.., that people with multiple residences should be allowed to vote in the place where they spend most of their time.
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HB 119 – AS INTRODUCED 2013 SESSION 13-0127 03/04 HOUSE BILL 119 AN ACT relative to voter registration. SPONSORS: Rep. Horrigan, Straf 6; Rep. Moody, Rock 17; Rep. K. Ward, Straf 21 COMMITTEE: Election Law ANALYSIS This bill modifies the voter registration form. This bill also states that a person's claim of domicile in this state for voting purposes shall not be conclusive of the person's residence for any other legal purpose. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation: Matter added to current law appears in bold italics. Matter
removed from current law appears [ Matter which is either (a) all new or (b) repealed and reenacted appears in regular type |
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13-0127 03/04 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Thirteen AN ACT relative to voter registration. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Eligibility; Voter; Domicile. Amend RSA 654:1, I to read as follows: I. Every inhabitant of the state, having a single established domicile for voting purposes, being a citizen of the United States, of the age provided for in Article 11 of Part First of the Constitution of New Hampshire, shall have a right at any meeting or election, to vote in the town, ward, or unincorporated place in which he or she is domiciled. An inhabitant's domicile for voting purposes is that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government. A person has the right to change domicile at any time, however a mere intention to change domicile in the future does not, of itself, terminate an established domicile before the person actually moves. A person's claim of domicile for voting purposes shall not be conclusive of the person's residence for any other legal purpose. 2 Voter Registration. Amend RSA 654:7 to read as follows: 654:7
[ [ (a) At least 18 years of age on the day of the election; and (b) A United States citizen; and (c) Domiciled in the town or city in which the applicant is registering to vote and not otherwise disqualified to vote. II. The applicant shall be required to produce appropriate proof of qualifications as provided in RSA 654:12 and fill out the form as prescribed in paragraph IV. III. If an applicant is unable to provide the proof of qualifications as required in RSA 654:12, he or she may register by completing the necessary affidavits, pursuant to RSA 654:12, and completing the form in paragraph IV.
Date _________________ VOTER REGISTRATION FORM (Please print or type) 1. Name ____________________________________________________________________ Last (suffix) First Full Middle Name 2.
[ Street Ward Number _____________________________________________________________________________ Town or City Zip Code 3. Mailing Address if different than in 2 ________________________________________ Street Ward Number ______________________________________________________________________________ Town or City Zip Code 4. Place and Date of Birth ______________________________________________________ Town or City State Date____________________ 5. If a naturalized citizen, give name of court where and date when naturalized _______________________________________________________________________________ 6. Place last registered to vote __________________________________________________ Town or City ______________________________________________________________________________________ Street Ward Number 7. Name under which previously registered, if different from above _______________________________________________________________________________ 8. Party Affiliation (if any) ______________________________________________________ 9. Driver's License Number __________________________State ______________________ If you do not have a valid driver's license, provide the last four digits of your social security number ___ ___ ____ My name is ____________________. I am today registering to vote in the city/town of ____________________, New Hampshire. I understand that to vote in this city/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this city/town. I understand that I can claim only one city/town as my domicile at a time. A domicile is that place, more than any other, where I sleep most nights of the year, or to which I intend to return after a temporary absence. By registering or voting today, I acknowledge that I am not registering to vote or voting in any other city/town. [ In declaring New Hampshire as my domicile, I am subject to the laws of the state of New Hampshire which apply to all residents, including laws requiring a driver to register a motor vehicle and apply for a New Hampshire's driver's license within 60 days of becoming a resident. In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.
I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town, and, if registering on election day, that I have not voted and will not vote at any other polling place this election. ____________________ ___________________________________________________ Date Signature In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000. 3 Effective Date. This act shall take effect 60 days after its passage. |
Here is my written testimony, prepared for the House Election law hearing on January 22, 2013:
Testimony in favor of HB 119"AN ACT relative to voter registration."
Rep. Timothy Horrigan (Strafford 6); January 22, 2013
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HB 119 is a relatively simple bill: it reverses the first two sections of SB 318 (2012 Chapter Law 285), which was passed at the very end of the 2012 session, over Gov. Lynch's veto. HB 119 basically restores the old wording of the form which all citizens of New Hamsphire sign when they register to vote. All citizens of New Hampshire have the right— the natural right— to vote where they live. This right has nothing to do with what taxes you pay, where your car is registered, or even whether or not you drive a car at all. I expect the committee to hear a lot of debate today over the definition of who is or is not a New Hampshire citizen. However, this is a simple issue. If you are a U.S. Citizen, and you are a resident of any town or city in New Hampshire, you are a citizen of New Hampshire— and, you are always eligible to vote in the community where you live. Most people have just one residence, so the issue of "domicile" never comes up. However, some people have multiple residences. You would normally vote in the place where you spend more time than anyplace else. There is an exception to that rule: if your current living situation is temporary, you can vote in the place you plan to go back to, i.e. your domicile. Durham, has an unusually large number of persons with multiple residences: we are a college town and we are also have quite a few senior citizens who spend their winters elsewhere. This bill was, in my opinion aimed at discouraging college students from voting. However, allowing students to vote is not just a good idea: it's the law. They have the right to vote where they spend more time than anyone else, which is their dormitory or off-campus residence. The US Supreme Court affirmed this right way back in 1979, the year I graduated from college, in the case "Symm vs. United States." SB 218 actually had the most impact on seniors. The new language intimidated many older citizens who may still have drivers licenses and/or stil l own cars but are not planning to keep on driving forever. |
The Election Law Committee amended the bill as follows. (Mostly, they just changed the wording of the standard voter registration form.") It passed on basically a party line vote, 190-142 on March 13, 2013. Two maverick Republicans (both of them fairly liberal) voted for it, two conservative Democrats voted against it. I am a little worried about what will happen in the Senate, where the Republicans hold a 13-11 majority:
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HB 119 – AS AMENDED BY THE HOUSE 13Mar2013… 0494h 2013 SESSION 13-0127 03/04 HOUSE BILL 119 AN ACT relative to voter registration. SPONSORS: Rep. Horrigan, Straf 6; Rep. Moody, Rock 17; Rep. K. Ward, Straf 21 COMMITTEE: Election Law AMENDED ANALYSIS This bill modifies the voter registration form. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation:
Matter added to current law appears in bold
italics. |
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13Mar2013… 0494h 13-0127 03/04 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Thirteen AN ACT relative to voter registration. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Voter Registration. Amend RSA 654:7 to read as follows: 654:7 Voter Registration; Voter Registration Form. I. Any person registering to vote shall be: (a) At least 18 years of age on the day of the election; and (b) A United States citizen; and (c) Domiciled in the town or city in which the applicant is registering to vote and not otherwise disqualified to vote. II. The applicant shall be required to produce appropriate proof of qualifications as provided in RSA 654:12 and fill out the form as prescribed in paragraph IV. III. If an applicant is unable to provide the proof of qualifications as required in RSA 654:12, he or she may register by completing the necessary affidavits, pursuant to RSA 654:12, and completing the form in paragraph IV. IV. A standard registration application form shall be used throughout the state. The registration form shall be no larger than 8 1/2 inches by 11 inches. The secretary of state shall prescribe the form of the voter registration form, which shall be in substantially the following form: Date _________________ VOTER REGISTRATION FORM (Please print or type) 1. Name ____________________________________________________________________ Last (suffix) First Full Middle Name 2. Domicile Address __________________________________________________________ Street Ward Number _____________________________________________________________________________ Town or City Zip Code 3. Mailing Address if different than in 2 ________________________________________ Street Ward Number ______________________________________________________________________________ Town or City Zip Code 4. Place and Date of Birth ______________________________________________________ Town or City State Date____________________ 5. If a naturalized citizen, give name of court where and date when naturalized _______________________________________________________________________________ 6. Place last registered to vote __________________________________________________ Town or City ______________________________________________________________________________________ Street Ward Number 7. Name under which previously registered, if different from above _______________________________________________________________________________ 8. Party Affiliation (if any) ______________________________________________________ 9. Driver's License Number __________________________State ______________________ If you do not have a valid driver's license, provide the last four digits of your social security number ___ ___ ____ My name is ____________________. I am today registering to vote in the city/town of ____________________, New Hampshire. I understand that to vote in this city/town, I must be at least 18 years of age, I must be a United States citizen, and I must be domiciled in this city/town. A domicile for voting purposes is that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government. A domicile is that place, to which upon temporary absence, a person has the intention of returning. I
understand that a person can claim only one state and one
city/town as his or her domicile at a time. [ [ In declaring New Hampshire as my domicile, I realize that I am not qualified to vote in the state or federal elections in another state.
I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town, and, if registering on election day, that I have not voted and will not vote at any other polling place this election. I acknowledge that by registering to vote in this jurisdiction, notification of this registration may be sent to the city/town where I last registered to vote. ____________________ ___________________________________________________ Date Signature In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000. 2 Effective Date. This act shall take effect 60 days after its passage. |
All My 2013 Bills:
HB 127 "relative to the state minimum hourly rate" & HB 501 "relative to the minimum wage"
HB 129: "relative to access to galleries in the general court"
HB 473: "relative to retirement system status for members of the university system police force"
HB 579: "establishing an independent legislative redistricting commission"
See Also:
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