In re Opinion of the Justices

• Decision Date: 16 March 1921
• Citation: 113 A. 293
• Parties: In re OPINION OF THE JUSTICES. In re ABSENT VOTERS LAW.
• Court: New Hampshire Supreme Court

113 A. 293

In re OPINION OF THE JUSTICES. In re ABSENT VOTERS LAW.

Supreme Court of New Hampshire.

March 16, 1921.

In the matter of the opinion of the Justices on questions by the House of Representatives as to its power to enact an absent voters law. Honored Sirs:

At the direction of the House of Repre sentatives, now sitting at Concord, in our state of New Hampshire, I submit herewith copies of a resolution adopted March 16, 1921, relating to Senate Bill No. 1, which pertains to absentee voters, and I respectfully request this honorable court at an early date to ren der its opinion upon the two questions con tained in said resolution.

Respectfully, Fred A. Jones.

Speaker, House of Representatives.

Resolved, that the Speaker of the House be and hereby is directed to obtain from the justices of the Supreme Court at the earliest date their opinions upon the following questions:

(1) Does the annexed bill now pending in the House of Representatives contain any provisions in violation of the state or fed eral Constitutions?

(2) If the annexed bill contains any pro visions in violation of the state or federal Constitutions, can persons who on the day of the biennial election are absent from the towns in which they are qualified voters be authorized by the Legislature to vote, so that their votes will be valid and effective in the same way as though they had voted at the polls in person?

An act to permit absent voters and voters who by reason of physical disability are unable to vote in person to vote at biennial elections.

Be it enacted by the Senate and House of Representatives in general court convened:

Section 1. Any voter who on the day of the biennial election is absent from the city, town, or district, in which he is qualified to vote, or who by reason of physical disability is unable to vote in person, may vote in accordance with the provisions hereinafter set forth.

Sec. 2. Prior to each biennial election the secretary of state shall prepare in such quantities as he may deem necessary the following papers:

(a) Official absent voting ballots, similar in all respects to the official ballot to be used at such election, but printed on paper differ ing in color from that used for official or sample ballots.

(b) Blank forms of application for such ballots, worded as follows: I, ——, here by apply for an official absent voting ballot. I am a legal resident of the city of ——, in ward ——, or town of ——, a duly qualified voter, and, as I believe, entitled to vote at the next biennial election. Mail absent voter's ballot to

(Street and Number.) (City or Town.)

(Signature.)

(In case of a voter physically disabled, the applicant will fill out the following:)

On account of physial disability I am unable to vote in person.

(Signature.)

(If in the service of the United States, the applicant may fill out the following:)

I am in the military—naval—marine— government service of the United States, and my rank or official position is

(Date.) (Signature.)

We, the undersigned, a majority of the registrars of voters or inspectors or supervisors of the check lists of the —— of —— hereby certify that the above signature, to the best of our knowledge and belief, appears to be genuine, and that we believe said —— is a duly qualified voter in said ward —— city or town of ——. Registers of voters or inspectors or supervisors of the check lists of the —— of ——.

(c) Envelopes of sufficient size to contain the ballots specified in clause (a), bearing the following: (This envelope contains an absent voter's ballot.)

Envelopes of sufficient size to contain the ballots specified in clause (a) on which shall be printed the following:

(Affidavit)

State of ——, County of ——, ss.

I, ——, do solemnly swear that I am a qualified voter in the city or town of ——, New Hampshire, in ward ——, that there is at least one city or town intervening between the city or town in which I am a qualified voter and the place in which I now am; that I have carefully read the instructions forwarded to me with the ballot herein inclosed, and that I have marked, inclosed and sealed the within ballot as stated hereon by the person taking my oath.

(Signature.)

(In the case of a voter physically disabled, the applicant will fill out the following:) State of ——, ss.:

I, ——, do solemnly swear that I am a qualified voter in the city or town of ——, New Hampshire, in ward ——; that on account of physical disability I am unabie to vote in person; that I have carefully read the instructions forwarded to me with the ballot herein inclosed, and that I have marked inclosed and sealed the within ballot as stated hereon by the person taking my oath.

(Signature.)

Subscribed and sworn to before me by the above affiant, personally known to me, this —— day of ——, 19—, in the city or town of ——, state of ——, and I hereby certify that when I was alone with the affiant, the affiant in my presence marked the ballot without my seeing how he marked' it, after which he sealed said ballot in this envelope. I had no communication with the affiant as to how he was to vote.

(Seal, if any) Name ——.

Residence ——.

Official title or military or naval rank.

(Physician's certificate.) '

I, ——, of (address) hereby certify that I am the attending physician of the affiant, that I have made a careful examination and am satisfied that he is unable by reason of physical disability to vote in person.

(Signature.)

(d) Envelopes of size sufficient to contain the preceding, addressed to the clerks of the several cities and towns within the state, upon which shall be printed, "Inclosed is the ballot of an absent voter," and at the top thereof blank spaces for the name, ad dress and voting place of the sender, with the words "name," "address," and "ward" appropriately printed thereon.

(e) Copies of this act, with such explana tory matter and instructions as the secretary of state, with the approval of the Attorney General, shall deem appropriate to carry in to effect the purposes of this act.

Sec. 3. The secretary of state shall retain for his own use so many of the papers provided for in the preceding section as he may deem sufficient, and shall supply each city and town clerk in the state with as many of them as he may deem necessary.

Sec. 4. The papers mentioned in clauses (b) and (e) of section two shall, as soon as they can be prepared, be mailed or delivered to any person who applies therefor to the secretary of state or to any city or town clerk. All other papers described in said section shall be mailed or delivered by city and town clerks, postage prepaid, to all voters who seasonably file the application set forth in clause (b) of said section.

Sec. 5. The secretary of state shall obtain as soon as practicable the names, addresses, official rank or title, and the places where they are entitled to vote, of all qualified voters in the military or naval service or marine corps of the United States, or in the civil or official service of the United States, or of this state, who by reason of such service are absent from the state. The adjutant general and all city and town officials are hereby required to give him all reasonable assistance that he may request for this purpose. To such voters he shall forward as soon as practicable the papers mentioned in clauses (a), (c), (d) and (e) of section two.

Sec. 6. When an application for an official absent voting ballot is received by the clerk of a city or town, whether from the voters directly or through the secretary of state, it shall be transmitted by him to the registrars of voters or inspectors or supervisors of check lists of such city or town, who shall examine the same and, if they believe the signature thereon to be genuine and the person executing the signature to be a duly qualified voter, shall execute the certificate thereon and return the application to said clerk. The registrars of voters or inspectors, or supervisors of check lists shall cause to be placed on the voting list, opposite the name of each person registered as an absent voter, the letters in capitals A. V. If they find the person signing the application not to be a duly qualified voter, the city or town clerk shall send him written notice to that effect and shall preserve the application until the time set by law for the destruction of ballots cast in the coming election, at which time said application shall also be destroyed. The clerk shall keep lists of the names and addresses, arranged by voting places, of all voters filing applications for absent voting ballots, and shall post copies of the same for public inspection.

Sec. 7. A voter who has executed and filed an application for an official absent voting ballot with the clerk of the city or town in which he is a qualified voter, after his application is certified as provided in the preceding section or in the case of a voter coming under the provisions of section 5, may vote by mailing or causing to be delivered to such city or town clerk an official absent voting ballot, prepared under the provisions of section two. He shall mark said ballot in the presence of an official authorized by law to administer oaths, and of no other person, and, except in the case of a voter physically disabled, in a city or town which is separated by at least one city or town from the city or town wherein the voter is registered. He shall deliver the official ballot to said official, who shall satisfy himself that it is unmarked, and the voter shall not allow said official to see how he marks it. Said official shall hold no communication with the voter, nor he with said official, as to how he is to vote. After marking the ballot, the voter shall inclose and seal the same in the envelope provided for in clause (c) of section two. He shall then execute before said official the affidavit on said envelope as set forth in said clause (c), and shall inclose and seal the envelope containing the ballot in the...