§ 659:13 — Obtaining a Ballot

I. (a) A person desiring to vote shall, before being admitted to the enclosed space within the guardrail, announce his or her name and address to one of the ballot clerks who shall, if the name is found on the checklist by the ballot clerk, repeat the name and address. If the address announced by voter is different from what appears on the checklist, but is in the same town or ward, the ballot clerk shall record the change of address in red on the paper checklist and the supervisors of the checklist shall cause the centralized voter registration database to reflect the change.
(b) The voter, unless challenged as provided for in RSA 659:27 through 659:33, shall then be asked to present proof of his or her identity meeting the requirements of paragraph II. If the voter presents such proof of identity to the ballot clerk, 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. If the photo identification is an out-of-state driver's license or nondriver's identification card, the ballot clerk shall record the state of issuance on the checklist in accordance with uniform procedures developed by the secretary of state in a color designated for such entries and the supervisors of the checklist or designee shall record the state of issuance of the voter's driver's license or identification card in the statewide centralized voter registration database within 30 days of the election. The voter shall then be allowed to enter the space enclosed by the guardrail to mark and cast his or her ballot.
(c)(1) If the voter does not have a valid photo identification, the ballot clerk shall direct the voter to see the supervisor of the checklist.
(2) The supervisor of the checklist shall review the voter's qualifications and determine if the voter's identity can be verified.
If the supervisor of the checklist determines that the voter's qualifications and identity are established, the voter shall be allowed to vote. If the supervisor of the checklist determines that the voter's qualifications and identity have not been established, the voter shall not be allowed to vote. A voter not allowed to vote as a result of the determination of the supervisor of the checklist may take an immediate appeal to the superior court as provided in RSA 654:12, V.
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, RSA 260:21-a, or RSA 260:21-b or a nondriver's identification card issued by the motor vehicles division, department, agency, or office of any other 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.
(6) [Repealed.]
(7) [Repealed.]
(b) 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, VII on the department of state's website, and otherwise shall make such lists available to local election officials.
(c) The secretary of state shall provide training for supervisors of the checklist on how the nonpublic data in the statewide centralized voter registration database may be used to satisfy voter identification requirements.
(d) The secretary of state shall develop and make available an informational pamphlet explaining the procedure established in RSA 260:21 for obtaining a picture identification card for voter identification purposes only.
III. [Repealed.]
IV. [Repealed.]
V. [Repealed.]

Legislative History

1979, 436:1. 2002, 98:1. 2006, 300:2. 2012, 284:1, 7; 289:2, 4. 2013, 278:4, 7. 2014, 131:1-3; 319:5, 6. 2015, 276:182, eff. Sept. 1, 2015 at 12:03 a.m. 2016, 71:14, eff. May 10, 2016; 82:1, eff. July 18, 2016; 190:2, eff. Aug. 2, 2016. 2017, 67:1, eff. July 1, 2018; 222:3, eff. July 10, 2017. 2018, 315:2, eff. Aug. 24, 2018. 2021, 111:2, eff. Sept. 7, 2021. 2022, 239:4-6, eff. Jan. 1, 2023. 2024, 378:6, 7, 10, IV and V, eff. Nov. 11, 2024.