N.H. Rev. Stat. § 260:21

Current through Chapter 381 of the 2024 Legislative Session

Section 260:21 - Identification Cards

I. The department shall upon application issue a nondriver's picture identification card to any resident who is 12 years of age or older and does not possess a driver's license.

II. The department shall, before issuing a card to an applicant, require the applicant to furnish proof of his or her name, age, and residence. The department shall accept the following forms of proof unless there is evidence that the item is not genuine:

(a) A current United States passport.

(b) An armed services identification, or other photo identification issued or authenticated by the United States government, the state of New Hampshire, or a New Hampshire municipality.

(c) Two or more of the following:

(1) A certified or original birth certificate.

(2) A utility bill that is postmarked to the applicant.

(3) A lease or deed or a letter from the town or city clerk verifying the applicant's residency in the town or city.

(4) A marriage certificate or official court document if the person has changed his or her name.

(5) A non-photo identification issued or authenticated by the United States government, the state of New Hampshire, or a New Hampshire municipality.

(6) Other documentation recognized by the department for other purposes.

(d) A notarized statement mailed to the department by registered mail by the department of health and human services verifying the applicant's name, age, and residence and that the applicant is or has been in the custody of the department of health and human services under RSA 463 or under the custody or legal supervision of the department of health and human services pursuant to a proceeding under RSA 169-B, 169-C, or 169-D. This subparagraph shall only apply to applicants under 21 years of age and over 18 years of age or, in the case of a person found delinquent, over 17 years of age. The department shall also accept such a statement that does not verify residence if the applicant provides a notarized statement verifying residence from a homeless shelter or agency or organization receiving federal or state funding for homeless services on the letterhead of the shelter, agency, or organization.

III. The identification card shall bear the name, address, date of birth, blood type (optional), gender indicated as "M" for "male," "F" for "female," or "X" for "other," veteran's status for the purposes of identification for receiving benefits and services under New Hampshire law (optional), and the picture and signature of the applicant. The identification card shall bear an approved security marking indicating that it was not issued in compliance with Public Law 109-13and is therefore not acceptable for federal identification purposes.

IV. The identification card shall be valid for 5 years from the date of issuance; provided, however, that a card issued pursuant to RSA 260:21, XI shall be valid for 2 years from the date of issuance. If the director has adopted rules under RSA 263:10, II with respect to on-line renewal of licenses, the director shall provide the same on-line option for identification cards, provided that the applicant is eligible for identification card renewal and has a computerized image on file with the division. An identification card may be renewed on-line only once in every other license renewal cycle and the next cycle shall require appearance in person at a licensing facility.

V.

(a) The fee for such card shall be $10 and is not refundable, except that no fee shall be charged to any person who, for reason of health or age, turns in his or her driver's license before the expiration date of such license. For purposes of this section, reasons of age shall be deemed to apply only to those persons over age 65. A person who requires a photo identification card only for voter identification purposes may obtain a voucher in the form provided for in subparagraph (b) from his or her town or city clerk or the secretary of state exempting the voter from the identification card fee. Upon presentation of the voucher to the division, the actual costs of issuing the card shall be paid by the secretary of state from the election fund established under RSA 5:6-d. An identification card paid for by the secretary of state shall be valid for voter identification purposes only, and the card, which shall be known as a voter identification card, shall be marked "for voter identification only."

(b) The identification card voucher shall be in the following form:

IDENTIFICATION CARD VOUCHER To be completed by applicant: Name: ____________________ Domicile Address: ____________________ Mailing Address: ____________________ I hereby swear or affirm that I require a photo identification for voting purposes and that I do not possess a form of identification that meets the requirements of the election laws of this state. I hereby swear or affirm that I am the identical person whom I represent myself to be and that to the best of my knowledge and belief the information above is true and correct. ________________________ (Signature of applicant) To be completed by town or city clerk: I, the clerk of __________ (town or city), hereby swear or affirm that the person identified on this voucher is listed on the voter checklist in this city or town. _________________________________ (Signature of town or city clerk) In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when 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.

VI. Any person who knowingly alters the information contained on the identification card or misrepresents to the department any information on the card shall be guilty of a misdemeanor.

VII. The state of New Hampshire shall not be liable in any action when the information contained on the card is false or when any unauthorized person misuses said card.

VIII. In addition to the information specified in this section, a suitable decal or symbol shall be affixed to the identification card in accordance with RSA 263:41, II if the applicant has registered with the division of motor vehicles as an organ and tissue donor.

IX. An identification card issued under the provisions of this section may be withdrawn at any time for just cause, at the discretion of the director. The director shall withdraw an identification card when any person is found to have violated the provisions of RSA 179:8 and RSA 179:9.

X. The director shall keep a record of the cards issued, and each card shall contain an identification number specifically assigned to the person to whom the card was issued.

XI. The department shall issue a nondriver's picture identification card to an inmate about to be released pursuant to RSA 651-A:6, IV, without requiring any proof of name, age, or residence. The card need not bear the inmate's new address if it is unknown prior to release.

XII. At the request of a resident who is otherwise eligible for an identification card pursuant to RSA 260:21, I and II, and is willing and able to meet the additional requirements of RSA 260:21-a or RSA 260:21-b, the department may issue a nondriver's picture identification card that is compliant with the standards of the Real ID Act of 2005, Public Law 109-13, and its implementing regulations, including, but not limited to, 6 C.F.R. part 37 , or an enhanced identification card as proof of identity and citizenship for persons entering the United States at land and sea ports which meet the standards of the Western Hemisphere Travel Initiative developed by the United States Department of State and the United States Department of Homeland Security, and its associated regulations, including but not limited to Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere, 73 Fed. Reg. 18,384, Apr. 3, 2008, respectively, in lieu of an identification card defined in RSA 260:21.

RSA 260:21

Amended by 2021 , 204: Secs.IV-2, IV-1 eff. 10/9/2021.

Amended by 2019 , 205: 1, eff. 1/1/2020.

Amended by 2016 , 188: 1, eff. 7/1/2017.

Amended by 2016 , 71: 6, Sec.7 eff. 5/10/2016.

Amended by 2012 , 127: 1, eff. 8/4/2012.

RSA 259:21 . 1977, 194:1. 1979, 88:1; 469:2-4. 1981, 146:1. 1985, 303:6. 1990, 79:9; 140:2, X; 255:6. 1993, 117:2. 1994, 67:1. 1997, 336:3. 2002, 83 : 6 . 2006, 216 : 3 . 2008, 277 : 1 -3. 2012, 127 : 1 , eff. Aug. 4, 2012; 284:4, eff. June 27, 2012. 2016, 71 : 6 , 7, eff. May 10, 2016; 188:1, eff. July 1, 2017. 2019, 205 : 1 , eff. Jan. 1, 2020. 2021, 204 : 2 , Pt. IV, Secs. 1 and 2, eff. Oct. 9, 2021.