N.H. Rev. Stat. § 654:12

Current through Chapter 381 of the 2024 Legislative Session

Section 654:12 - Determining Qualifications of Applicant

I. When determining the qualifications of an applicant desiring to register to vote, whether the applicant seeks to register before election day or on election day, the supervisors of the checklist, or the town or city clerk, shall require the applicant to present proof of citizenship, age, domicile, and identity as provided in the following categories:

(a) CITIZENSHIP. The supervisors of the checklist, or the town or city clerk, shall accept from the applicant any one of the following as proof of citizenship: the applicant's birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, or any other reasonable documentation which indicates the applicant is a United States citizen.

(b) AGE. Any reasonable documentation indicating the applicant will be 18 years of age or older at the next election.

(c) DOMICILE.

(1) A person who possesses one of the following qualified documents identifying the applicant's name and the address claimed as domicile must present that document when applying for registration:

(i) New Hampshire driver's license or identification card issued under RSA 260:21, RSA 260:21-a, or RSA 260:21-b;

(ii) New Hampshire resident vehicle registration;

(iii) a picture identification issued by the United States government that contains a current address;

(iv) a government issued check, benefit statement, or tax document.

(2) A person who attests under penalty of voter fraud that they do not possess any of the qualified documents listed in subparagraph (c)(1) may present any reasonable documentation of having established a physical presence at the place claimed as domicile, having an intent to make that place their domicile, and having taken a verifiable act to carry out that intent. The documentation must establish that it is more likely than not that the applicant has a domicile and intends to maintain that domicile, as defined in this chapter, at least until election day, in the town or ward in which they desire to vote. Reasonable documentation may include, but is not limited to, evidence of:

(A) Having established domiciliary at the location of an institution of learning the applicant attends, as set forth in RSA 654:1, I-a;

(B) Renting or leasing an abode at that place for a period of more than 30 days, to include time directly prior to an election day;

(C) Purchasing an abode at that place;

(D) Enrolling the applicant's dependent minor child in an established public or private elementary or secondary school which serves the town or ward of that place, using the address where the registrant resides;

(E) Listing that place as the person's physical residence address on state or federal tax forms, other government identification showing the address, or other government forms showing the address;

(F) Providing the address of that place to the United States Post Office as the person's permanent address, provided it is not a postal service or commercial post office box;

(G) Obtaining public utility services for an indefinite period at that place;

(H) Arranging for a homeless shelter or similar service provider located in the town or ward to receive United States mail on behalf of the individual; or

(I) Any other reasonable documentation which establishes that it is more likely than not that the applicant is domiciled at the address in the town or ward in which the applicant desires to vote. An applicant whose domicile is at an abode of another and whose name is not listed on the document offered as proof of domicile may provide a written statement from a person who is listed as owner, property manager, or tenant on the document that the applicant resides at that address, signed by that person under penalty of voting fraud if false information is provided.

(d) IDENTITY. Any one of the following is presumptive evidence of the identity of an applicant sufficient to satisfy the identity requirement of this section:

(1) Photo driver's license issued by any state or the federal government.

(2) United States passport, armed services identification, or other photo identification issued by the United States government.

(3) Photo identification issued by local or state government.

(4) Any other evidence that reasonably establishes that it is more likely than not that the person is who they claim to be, including verification of the person's identity by the moderator or another election official.

Residents of a nursing home or similar facility may prove their identity through verification 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.

II. The evidence described or presumptions established in paragraph I may be defeated by evidence establishing that it is more likely than not that the applicant is not qualified as a voter.

III. 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.

IV. A person who has registered to vote in the town or ward in which the person seeks to vote prior to election day need not provide proof of citizenship, age, or domicile at the polling place on election day, but shall provide proof of identification establishing that he or she is the same person who previously registered to vote.

V. Any dispute as to whether a person has met the requirements to register to vote or to vote shall be decided by the election official of the town or ward in charge of voter registration or in charge of the polling place if the dispute arises at the polling place. A person aggrieved by the decision of said official may take an immediate appeal to the superior court, which shall hear the appeal forthwith and shall make every reasonable effort to decide the matter as soon as possible and before the close of the polls on election day.

RSA 654:12

Amended by 2024, 378:1, eff. 11/11/2024.

Amended by 2021 , 111: 1, eff. 9/7/2021.

Amended by 2017 , 205: 9, eff. 9/8/2017.

Amended by 2017 , 205: 8, eff. 9/8/2017.

Amended by 2017 , 205: 7, eff. 9/8/2017.

Amended by 2017 , 205: 6, eff. 9/8/2017.

Amended by 2017 , 205: 5, eff. 9/8/2017.

Amended by 2017 , 222: 2, eff. 7/10/2017.

Amended by 2017 , 222: 1, eff. 7/10/2017.

Amended by 2014 , 319: 9, eff. 9/30/2014.

Amended by 2014 , 319: 8, eff. 9/30/2014.

Amended by 2014 , 319: 4, eff. 9/30/2014.

Amended by 2014 , 260: 6, eff. 7/28/2014.

Amended by 2014 , 260: 5, eff. 7/28/2014.

Amended by 2014 , 260: 4, eff. 7/28/2014.

Amended by 2014 , 260: 3, eff. 7/28/2014.

Amended by 2014 , 260: 2, eff. 7/28/2014.

Amended by 2012 , 285: 7, eff. 8/26/2012.

Amended by 2012 , 285: 6, eff. 8/26/2012.

Amended by 2012 , 285: 5, eff. 8/26/2012.

Amended by 2012 , 285: 4, eff. 8/26/2012.

Amended by 2012 , 285: 3, eff. 8/26/2012.

Amended by 2011 , 192: 1, eff. 1/1/2012.

1979, 436:1. 1990, 119:8. 1992, 287:6, 7. 1994, 4:3. 1996, 169:1. 2003, 289 : 29 . 2006, 300 : 1 . 2009, 278 : 1 . 2010, 172 : 4 , 5. 2011, 192 : 1 . 2012, 285 : 3 -7. 2014, 260 : 2 -6, eff. July 28, 2014; 319:4, 8, 9, eff. Sept. 30, 2014. 2017, 205 : 5 -9, eff. Sept. 8, 2017; 222:1, 2, eff. July 10, 2017. 2021, 111 : 1 , eff. Sept. 7, 2021.