New Hampshire 2025 Regular Session

New Hampshire Senate Bill SB213 Compare Versions

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Old	New	Differences
1	1	SB 213-FN - AS INTRODUCED
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7	7	2025 SESSION
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9	9	25-1059
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11	11	08/02
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15	15	SENATE BILL213-FN
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19	19	AN ACTrelative to absentee voting.
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23	23	SPONSORS:Sen. Gray, Dist 6
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27	27	COMMITTEE:Election Law and Municipal Affairs
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35	35	ANALYSIS
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39	39	This bill changes the standard for absentee voting to "It is more likely than not" that a voter will be absent.
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43	43	This bill also requires the presentation of proof of identity, citizenship, age, and domicile when applying for an absentee ballot.
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51	51	Explanation:Matter added to current law appears in bold italics.
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53	53	Matter removed from current law appears [in brackets and struckthrough.]
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55	55	Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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57	57	25-1059
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59	59	08/02
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63	63	STATE OF NEW HAMPSHIRE
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67	67	In the Year of Our Lord Two Thousand Twenty Five
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71	71	AN ACTrelative to absentee voting.
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75	75	Be it Enacted by the Senate and House of Representatives in General Court convened:
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79	79	1 Absentee Voting; Application Forms. Amend RSA 657:4 to read as follows:
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81	81	657:4 Application Form [Forms].
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83	83	I. Prior to any state election, the secretary of state shall prepare the appropriate application forms for absentee ballots worded in substantially the following form. The secretary of state shall insert the names of all parties qualified as set forth in RSA 652:11 in the list of parties on the application form. The secretary of state shall prepare the application forms in such quantity as he or she deems necessary:
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85	85	[Absence (Excluding Absence Due to Residence Outside the United States), Religious Observance, and Disability:
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87	87	I hereby declare that] My Current Registration Status (check one):
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89	89	_____ I am a duly qualified voter who is currently registered to vote in this town/ward (Requires proof of identity).
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91	91	_____ I am registered in another New Hampshire town/ward but am not currently registered to vote in this town/ward where I am domiciled (Requires proof of identity and domicile). The town/ward where I am registered is _________________________________.
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93	93	_____ I am not currently registered to vote in any New Hampshire town/ward and am absent from the town/city where I am domiciled and will be until after the next election, or I am unable to register in person due to a disability, and request that the forms necessary for absentee voter registration be sent to me with the absentee ballot (Requires proof of identity, citizenship, age, and domicile).
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95	95	How I qualify to vote by absentee ballot (check one):
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97	97	I [will be entitled] qualify to vote by absentee ballot because (check one):
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99	99	_____ [I plan to] It is more likely than not that I will be absent on the day of the election from the city, town, or unincorporated place where I am domiciled.
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101	101	_____ I am confined in a penal institution for a misdemeanor or while awaiting trial.
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103	103	_____ I am requesting a ballot for the presidential primary election and [I may be] it is more likely than not that I will be absent on the day of the election from the city, town, or unincorporated place where I am domiciled, but the date of the election has not been announced. I understand that I may only make such a request 14 days after the filing period for candidates has closed, and that if I will not be absent on the date of the election I am not eligible to vote by absentee ballot.
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105	105	_____ I cannot appear in public on election day because of observance of a religious commitment.
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107	107	_____ I am unable to vote in person due to a disability.
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109	109	_____ [I cannot] It is more likely than not that I will not be able to appear at my polling place any time during polling hours [at my polling place] because of an employment obligation. For the purposes of this application, the term "employment" shall include the care of children and infirm adults, with or without compensation.
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111	111	For use only on the Monday immediately prior to the election: [I cannot] It is more likely than not that I will not be able to appear at my polling place on election day due to hazardous travel conditions because the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning for election day applicable to my city, town, or unincorporated place and either (check one):
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113	113	_____ [I am elderly or infirm or I have a physical disability, and] I would otherwise vote in person but I have concerns for my safety traveling in the storm.
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115	115	_____ I anticipate that school, child care, or adult care will be canceled, and would otherwise vote in person but will need to care for children or infirm adults.
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117	117	Any person who votes or attempts to vote using an absentee ballot who is not entitled to vote by absentee ballot shall be guilty of a misdemeanor. RSA 657:24.
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119	119	I am requesting an official absentee ballot for the following election (check one):
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121	121	_____ Presidential Primary to be held on ____________________
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123	123	(MM/DD/YYYY)
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125	125	(The date may appear as blank when the date is not known.)
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127	127	_____ State Primary to be held on ____________________
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129	129	(MM/DD/YYYY)
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131	131	_____ General Election
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133	133	For primary elections, I am a member of or I am now declaring my affiliation with the (check one):
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135	135	_____ Republican Party
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137	137	_____ Democratic Party
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139	139	_____ (name of any party determined by the secretary of state to have achieved official status under RSA 652:11)
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141	141	and am requesting a ballot for that party's primary.
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143	143	Please print:
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145	145	Applicant's Name:
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147	147	____________________
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149	149	(Last) (First) (Middle) (Sr., Jr., II., III)
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151	151	Applicant's Voting Domicile (home address):
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153	153	____________________
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155	155	(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
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157	157	Mail the ballot to me at this address (if different than the home address):
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159	159	____________________
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161	161	(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
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163	163	Applicant's Phone Number : ____________________
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165	165	Applicant's Email Address : ____________________
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167	167	The identification number on the applicant's government issued identification and the state from which the identification was issued: ______________________
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169	169	Applicant's Signature: ____________________
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171	171	Date Signed: ____________________
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173	173	(MM/DD/YYYY)
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175	175	I attest that I assisted the applicant in executing this form because [he or she] the applicant has a disability.
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177	177	Signature ____________________ Print Name ____________________
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179	179	If your absentee ballot application or affidavit envelope has the printed name and signature of a person who assisted you with voting, your signature will not be compared to your signature on the absentee ballot affidavit to verify your identity. Otherwise, if your signatures do not appear to be made by the same person, your absentee ballot may not be counted.
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181	181	The applicant must sign this form to receive an absentee ballot. Any person who witnesses and assists a voter with a disability in executing this form shall print and sign his or her name in the space provided on the application form. The moderator will not compare the voter's signature on the application with the signature on the absentee ballot affidavit when a person assisting the voter has signed the statement on the absentee ballot application or affidavit envelope that assistance was provided.
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183	183	II.(a) Any person, other than the city or town clerk or the secretary of state, that publishes, mails, or distributes in any manner any written communication that contains a form or post card which a reasonable person would consider as intended to be used by the recipient of the communication to submit a request for an absentee ballot shall identify who is publishing, mailing, or distributing the communication, and attach a copy of the form prepared by the secretary of state pursuant to paragraph I of this section to the communication or include in the communication a complete facsimile of the form prepared by the secretary of state pursuant to paragraph I of this section.
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185	185	(b) Any person that publishes, mails, or distributes forms as described in subparagraph (a) as part of any communication that is made for the purpose of promoting the success or defeat of a candidate or candidates or measure or measures, as defined in RSA 664:2, shall be identified in the same manner as political advertising under RSA 664:14.
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187	187	(c) Any person that violates this paragraph shall be subject to a civil penalty not to exceed $1,000, to be imposed in the manner set forth in RSA 659:34, III-V.
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189	189	III. The federal official post card form shall constitute the form made available by the secretary of state pursuant to RSA 654:20 for absentee ballot applications by UOCAVA voters.
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191	191	2 Absentee Registration Affidavit. Amend RSA 654:17 to read as follows:
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193	193	654:17 Absentee Registration Affidavit.
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195	195	I. The absentee registration affidavit shall be prepared by the secretary of state for individuals registering to vote for the first time in New Hampshire and shall be in substantially the following form:
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197	197	Affidavit (Absence from town)
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199	199	I, __________________ do hereby swear or affirm, under the penalties for voting fraud set forth below, the following:
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201	201	1) That I am a citizen of the United States, my legal domicile is in the town/city ward of _______________, New Hampshire, I will be of the age of 18 years or over on election day and am entitled to vote in the election to be held in said town/city ward on _______________, _________ (date), except for the fact that my name does not appear on the checklist to be used in said town at such election;
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203	203	2) That [I do not intend to] it is more likely than not that I will not be present within [said] the town/city ward at such time prior to said election as shall enable me personally to appear before the supervisors of the checklist of said town/city ward in their regular sessions for the correction of the checklist for said election;
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205	205	3) That I am temporarily residing in __________ (city and state or city, province, and country);
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207	207	4) That I hereby enclose [one of] the following [as] required proof of identity, citizenship, age and domicile:
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209	209	(a) A copy of my birth certificate, United States passport or naturalization papers; and
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211	211	(b) A copy of a current and valid New Hampshire driver's license or an armed services identification or other photo identification issued by the United States government that shows my name and address; or
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213	213	[(b)] (c) A copy of a current and valid photo identification and a copy of a current utility bill, bank statement, government check, paycheck, other government document that shows my name and address, or a letter from the administrator of a nursing home or similar facility affirming that I am a resident of that facility that was provided to me at my request pursuant to the administrator's duty to provide such a letter upon my request;
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215	215	5) That I acknowledge that if I do not provide a copy of proof of identity, citizenship, age and domicile as required by section 4) above, this application may not be approved; and
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217	217	6) That I hereby make application for the addition of my name to the checklist of said town to be used at said election.
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219	219	_________________
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221	221	Signature of Applicant
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223	223	_______
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225	225	Date
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227	227	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.
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229	229	II. The absentee registration affidavit shall be prepared by the secretary of state for individuals who have a physical disability:
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231	231	[Affidavit (Physical Disability)]
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233	233	I, _____________________ do hereby swear or affirm, under the penalties for voting fraud set forth below, the following:
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235	235	1) That I am a citizen of the United States, my legal domicile is in the town/city ward of ________________, New Hampshire, I will be of the age of 18 years or over on election day, and am entitled to vote in the election to be held in said town/city ward on ________________, ___ (date), except for the fact that my name does not appear on the checklist to be used in said town at such election;
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237	237	2) That I am unable by reason of physical disability personally to appear before the supervisors of the checklist of said town in their regular sessions for the correction of the checklist for said election;
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239	239	3) That I hereby enclose [one of] the following [as] required proof of identity, citizenship, age and domicile:
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241	241	(a) A copy of my birth certificate, United States passport or naturalization papers; and
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243	243	(b) A copy of a current and valid New Hampshire driver's license or an armed services identification or other photo identification issued by the United States government that shows my name and address; or
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245	245	[(b)](c) A copy of a current and valid photo identification and a copy of a current utility bill, bank statement, government check, paycheck, other government document that shows my name and address, or a letter from the administrator of a nursing home or similar facility affirming that I am a resident of that facility that was provided to me at my request pursuant to the administrator's duty to provide such a letter upon my request;
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247	247	4) That I acknowledge that if I do not provide a copy of proof of identity, citizenship, age, and domicile as required by section 3) above, this application may not be approved; and
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249	249	5) That I hereby make application for the addition of my name to the checklist of said town to be used at said election.
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251	251	____________
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253	253	Signature of Applicant
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255	255	_________
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257	257	Date
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259	259	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.
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261	261	[II.]III. There shall be printed below each of the foregoing affidavits the following affirmation:
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263	263	Affirmation
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265	265	I, __________, the undersigned witness, do hereby swear or affirm, under the penalties for voting fraud set forth below, that on the __________ day of __________, ___ (date), the above named, __________, having satisfied me as to his or her identity, signed the foregoing affidavit in my presence, and did before me swear to (or affirm) the truth of the statements therein contained.
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267	267	__________
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269	269	Signature of Witness
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271	271	Notary Public/Justice of the Peace
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275	275	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.
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277	277	3 New Paragraph; Absence, Religious Observance, and Disability Absentee Voting. Amend RSA 657:1 by inserting after paragraph II the following new paragraph:
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279	279	III. When determining whether a voter will be absent on election day the standard "It is more likely than not" shall be applied.
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281	281	4 Effective Date. This act shall take effect 60 days after its passage.
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285	285	LBA
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287	287	25-1059
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289	289	Revised 1/28/25
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293	293	SB 213-FN- FISCAL NOTE
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295	295	AS INTRODUCED
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299	299	AN ACTrelative to absentee voting.
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303	303	FISCAL IMPACT:
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306	306	Estimated State Impact
307	307	FY 2025 FY 2026 FY 2027 FY 2028
308	308	Revenue $0 $0 $0 $0
309	309	Revenue Fund None
310	310	Expenditures* Indeterminable
311	311	Funding Source General Fund
312	312	Appropriations* $0 $0 $0 $0
313	313	Funding Source None
314	314	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
315	315	Estimated Political Subdivision Impact
316	316	FY 2025 FY 2026 FY 2027 FY 2028
317	317	County Revenue $0 $0 $0 $0
318	318	County Expenditures Indeterminable
319	319	Local Revenue $0 $0 $0 $0
320	320	Local Expenditures Indeterminable
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326	326	Estimated State Impact
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330	330	FY 2025
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332	332	FY 2026
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334	334	FY 2027
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336	336	FY 2028
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338	338	Revenue
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340	340	$0
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342	342	$0
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344	344	$0
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346	346	$0
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348	348	Revenue Fund
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350	350	None
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352	352	Expenditures*
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354	354	Indeterminable
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356	356	Funding Source
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358	358	General Fund
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360	360	Appropriations*
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362	362	$0
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364	364	$0
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366	366	$0
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368	368	$0
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370	370	Funding Source
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372	372	None
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374	374	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
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378	378	Estimated Political Subdivision Impact
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382	382	FY 2025
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384	384	FY 2026
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386	386	FY 2027
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388	388	FY 2028
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390	390	County Revenue
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392	392	$0
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394	394	$0
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396	396	$0
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398	398	$0
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400	400	County Expenditures
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402	402	Indeterminable
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404	404	Local Revenue
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406	406	$0
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408	408	$0
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410	410	$0
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412	412	$0
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414	414	Local Expenditures
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416	416	Indeterminable
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420	420	METHODOLOGY:
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422	422	This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
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426	426	This could possibly result in an increase in civil cases in the Superior Court, however, there is no way to predict how many such actions would occur so any such increase is indeterminable. The Judicial Branch has provided average cost information for civil cases in the Superior Court:
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430	430	NH Judicial Branch Average Civil Case Estimates
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434	434	Judicial Branch Average Cost FY 2025 FY 2026
435	435	Superior Court Complex Civil Case $1,430 $1,473
436	436	Superior Court Routine Civil Case $535 $552
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438	438	Judicial Branch Average Cost
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440	440	FY 2025
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442	442	FY 2026
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444	444	Superior Court
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446	446	Complex Civil Case
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448	448	$1,430
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450	450	$1,473
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452	452	Superior Court
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454	454	Routine Civil Case
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456	456	$535
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458	458	$552
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462	462	Common Civil Case Fees
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466	466	Superior Court Fees As of 2/12/2020
467	467	Original Entry Fee $280
468	468	Third-Party Claim $280
469	469	Motion to Reopen $160
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471	471	Superior Court Fees
472	472
473	473	As of 2/12/2020
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475	475	Original Entry Fee
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477	477	$280
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479	479	Third-Party Claim
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481	481	$280
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483	483	Motion to Reopen
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485	485	$160
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489	489	The Department of State indicates that this bill will require additional training however it will not have a fiscal impact on the Department.
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493	493	AGENCIES CONTACTED:
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495	495	Department of State, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association