CHAPTER 657
ABSENTEE VOTING
Eligibility
657:1 Absence, Religious Observance, and Disability Absentee Voting. Any person who is absent on the day of any state election from the city, town, or unincorporated place in which he or she is registered to vote or who cannot appear in public on any election day because of his or her observance of a religious commitment or who is unable to vote there in person by reason of physical disability may vote at such elections as provided in this chapter. A person who is unable to appear at any time during polling hours at his or her polling place because an employment obligation requires the person to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close shall be considered absent for purposes of this chapter.
657:2 Overseas Voters. Any person who is registered as an overseas voter in any city or town as provided in RSA 654:20 through 654:23 may vote in federal elections as provided in this chapter.
657:3 Armed Services Voter. Regardless of whether he is previously registered, any person qualified as an armed services voter as provided in RSA 654:4 may vote absentee at any state election in the New Hampshire city or town which was last his home as provided in this chapter.
Application
657:4 Forms. Prior to any state election, the secretary of state shall prepare the appropriate applications 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:
I. Absence (Excluding Absence Due to Residence Outside the Continental United States), Religious Observance, and Disability:
New Hampshire law requires that you vote in person at the polling place for your
town or ward unless you:
a. Plan to be absent on the day of the election from the city, town, or
unincorporated place in which you are registered to vote.
b. Cannot appear in public on election day because of observance of a religious
commitment.
c. Are unable to vote in person due to a disability.
d. Cannot appear at any time during polling hours at your polling place because
an employment obligation requires you to remain physically at work or to be in
transit to or from work from the time the polls open until after the time the
polls close.
RSA 657:1. 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.
I am requesting an absentee ballot for the following election:
___State Primary. I am member of the: _____Republican Party ____ Democratic
Party
or I am now declaring my affiliation with that party and am requesting a ballot
for that party’s primary.
___General Election
Applicant’s Name ____________________________________________
(Last)
(First) (Middle) (DOB)
Applicant’s Voting Domicile (home address): _________________________________
(Street) (City/Town) (zip)
Mail the ballot to me at this address: ______________________________
I hereby declare that:
___ I am a duly qualified voter who is currently registered to vote in this
town/ward.
___ I 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.
I will be entitled to vote by absentee ballot at the election designated above because:
___I plan to be absent on the day of the election from the city, town, or
unincorporated place where I am domiciled.
___ I am requesting a ballot for the presidential primary election and I may
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.
___I cannot appear in public on election day because of observance of a
religious commitment.
___I am unable to vote in person due to a disability.
___I cannot appear at any time during polling hours at my polling place because
an employment obligation requires me to remain physically at work or to be in
transit to or from work from the time the polls open until after the time the
polls close.
This application form must be signed by the applicant. The absentee ballot forms you receive will require you to sign an affidavit confirming that you are entitled to vote by absentee ballot due to one of the reasons stated above. The moderator is required to compare the signature on the affidavit to your signature on this form. The absentee ballot will not be counted if the affidavit and this form do not appear to have been signed by the same person. RSA 659:50.
___________________________
Signature of Applicant
II. Any person that publishes, mails, or distributes in any manner any written communication that contains a form or postcard 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 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. 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.
III. (a) Absence Due to Residence Outside the Continental United States:
To the city or town clerk of
_______________________________________.
I, ____________, hereby apply for an official absentee ballot. I am a duly
qualified voter and entitled to vote in ward ___, city or town of _______.
Mail absentee ballot to ______________________________
Street and Number
_______________________________
City or Town State Country
_________________________ Signature
(b) Overseas Voting:
To the city or town clerk of _________________________________.
I,____________________ , hereby apply for an official overseas citizens federal election
absentee ballot. I am a duly qualified overseas voter and entitled to vote in federal
elections held in the city or town of ___________ . Mail overseas citizens
federal election absentee ballot to
____________________________________
____________________________________
____________________________________
(c) Armed Services Voting
To the city or town clerk of ________________________________
I,_______________ , hereby apply for an official armed services absentee ballot. I am:
a. A member of the armed forces of the United States. ( )
Service Organization _____________________________________
b. A member of the merchant marine of the United States. ( )
c. A civilian employee of the United States government serving outside the United States. ( )
d. A member of a religious group or welfare agency assisting members of the armed forces. ( )
Organization _______________________________________________
e. A spouse or dependent of a person listed in a, b, c, or d above.( )
My complete service address is:
_______________________________________________________
My (non-military) domicile in New Hampshire immediately prior to such service was:
street and number ______________________________________
city or town __________________________________________
Signature of Applicant _________________________________
657:5 Forwarding Forms. The secretary of state shall retain for his own use so many application forms for absentee ballots as he may deem necessary and shall supply each town and city clerk in the state with so many of them as he may deem sufficient.
657:6 Procedure by Applicant. An application form for an absentee ballot shall be mailed or delivered to any person who applies therefor to the secretary of state or to any town or city clerk. It shall be filled out by the applicant and sent to the clerk of the town or city in which he desires to vote. Alternatively, a person may apply for an official absentee ballot by sending to said clerk a written statement containing the information required by the appropriate paragraph of RSA 657:4, or by the federal post card application.
Absentee Ballots and Related Materials
657:7 Absence, Religious Observance, and Disability. Prior to any state election, the secretary of state shall prepare the following forms in such quantity as he deems necessary:
I. Absence, religious observance, and disability absentee ballots as provided in RSA 656:33.
II. Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the following:
(a) Absence from City or Town. A person voting by absentee ballot because of absence from the city or town in which he or she is entitled to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am a voter in the city or town of _____, New Hampshire, in ward ___; that I will be unable to appear at any time during polling hours at my polling place because I will be working on election day or will be otherwise absent on election day from said city or town and will be unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind). (Signature) _________________________
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.
(b) Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am a voter in the city or town of , New Hampshire in ward ;that I will be observing a religious commitment which prevents me from voting in person or that on account of physical disability I am unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).
(Signature)
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.
III. Return envelopes of size sufficient to contain the preceding envelope addressed to the town and city clerks of the state in which absentee voters shall return their ballots. On the envelopes shall be printed "Enclosed is the ballot of an absentee voter" and, at the top thereof, 4 blank spaces with the words "Name, Voting Address, Ward, Town or City" appropriately printed thereon.
IV. Such explanatory matter and instructions for voters as the secretary of state with the approval of the attorney general shall deem appropriate to carry into effect the purposes hereof.
V. Mailing envelopes large enough to contain all the above materials in which the town and city clerks shall mail or deliver them to absentee voters.
657:8 Overseas Voting. Prior to any federal election, the secretary of state shall prepare the following forms in such quantity as he or she deems necessary:
I. Overseas citizens federal election absentee ballots as provided in RSA 656:34 for citizens who are domiciled outside the United States.
II. Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the following:
(a) For Voters Who Are Registered. Overseas Citizen. A person desiring to vote by overseas citizens federal election absentee ballot who is a registered voter in the town or city in which he or she desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am an overseas citizen voter registered as such in the city or town of , New Hampshire; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the overseas citizens federal election ballot herein enclosed and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).
(Signature) _______________________
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.
(b) For Voters Not Registered. A person desiring to vote by overseas citizens federal election absentee ballot who is not registered as such in the town or city in which he or she desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am a federal overseas voter, that I am at least 18 years of age and a citizen of the United States; and that my last domicile within the United States was in New Hampshire at the following address: street and number /city or town . I am not registered to vote in any state and am not voting in any other manner in this election.
Signature of Voter _____________________________
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.
III. Other forms as provided for in RSA 657:7, III, IV and V.
657:9 Armed Services Voting. Prior to any state election, the secretary of state shall prepare the following forms in such quantity as he may deem necessary:
I. Armed services absentee ballots as provided in RSA 656:35.
II. Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the following:
(a) For Voters Who are Registered. A person voting by armed services absentee ballot who is a registered voter in the town or city in which he or she desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am a voter in the city or town of _______________ , New Hampshire, in ward _____; that I will be absent on election day from said city or town and will be unable to vote in person; that I have carefully read (or had read to me because I am blind) the instructions forwarded to me with the ballot herein enclosed and that I personally marked the ballot within and sealed it in this envelope (or had assistance in marking the ballot and sealing it in this envelope because I am blind).
(Signature) ____________________________________
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.
(b) For Voters Not Registered. A person voting by armed services absentee ballot who is not registered in the town or city in which he or she desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am an armed services voter under the laws of the state of New Hampshire, that I am at least 18 years of age and a citizen of the United States; and that, immediately prior to my service, my domicile was in New Hampshire at the following address: street and number /city or town . I am not registered to vote in any state and am not voting in any other manner in this election.
Signature of Voter ________________________
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.
III. Other forms as provided for in RSA 657:7, III, IV and V.
657:10 Forwarding Forms. The secretary of state shall retain for his own use so many of the absentee ballots and forms provided for in RSA 657:7 through 657:9 as he may deem necessary and shall supply each town and city clerk in the state with as many of them as he may deem sufficient. The same shall be sent in sealed packages and shall be marked on the outside clearly designating the type and number of ballots enclosed. The secretary of state shall keep a record of the time when and the manner in which the absentee ballots and forms were sent to said clerks and of the number of ballots so forwarded. The secretary of state shall forward overseas citizens federal election ballots to the town or city clerks so as to be received by them no later than 30 days prior to the date of the federal election. Additional absentee ballots of any type may be obtained as required from the secretary of state upon written application by a town or city clerk.
657:10-a Special Overseas and Armed Services Election Write-in Ballot. Notwithstanding any other provision of the election laws, a qualified absentee voter may apply to a city or town clerk for a special write-in absentee ballot. These ballots shall be mailed by the town or city clerk no later than July 15 for voting in a state primary election, no later than November 1 for voting in a presidential primary election, and no later than the date of the state primary for voting in a state general election, to overseas citizens and armed services personnel who state they are unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in isolated areas outside the United States and Canada. The ballot shall be prepared by the secretary of state and shall be, as nearly as practicable, the same as the official overseas citizens federal election ballot except that there shall be no candidate's names printed on it.
Disqualification of Clerk
657:11 Repealed by Chapter 169, Laws of 1981
Procedure for Absence, Religious Observance,
and Disability and Overseas Voting
657:12 Provisions for General Election. Upon receipt of a properly executed application for an official absentee ballot, whether the form supplied by the secretary of state, the federal post card application form, or a written statement containing the information required by the appropriate paragraph of RSA 657:4, a town or city clerk shall forthwith ascertain if the applicant is on the checklist of the town or city. If the applicant is on the checklist, the clerk shall send the materials provided for in RSA 657:15; if not, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile to a town or city clerk.
657:13 Provisions for State or Presidential Primary Elections. Upon receipt of a properly executed application for an official absentee ballot whether the form supplied by the secretary of state or a written statement containing the information required by the appropriate paragraph of RSA 657:4, a town or city clerk shall forthwith ascertain if the person is on the checklist of the town or city and is properly registered as to party designation. If such person is found to be on the checklist and to be properly registered or if such person is found to be on the checklist but is not registered as a member of any party, but the information supplied states he or she is applying for a ballot of a political party, the person shall be registered as a member of said party; and, in either case, the clerk shall send the materials provided for in RSA 657:15. If the person is not on the checklist or is registered as a member of a party different from the one whose ballot he is applying for, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile to a town or city clerk
657:14 Information Furnished. The supervisors of the checklist shall furnish to the town or city clerks upon their request any information relative to persons entitled to vote in their ward or town which may be necessary to enable them to determine the proper ballot to be sent to an absentee voter. Whoever violates any provision of this section shall be guilty of a violation.
657:15 Sending Absentee Ballots. When the verification required by RSA 657:12 or 13 has been made, the clerk shall retain the application and, without delay, personally deliver or mail to the applicant the appropriate ballot and materials as described in RSA 657:7 through 657:9 or designate an assistant to deliver such materials to the applicant. The clerk may not designate as an assistant any person who is a candidate for nomination or office or who is working for such a candidate. Any ballots sent pursuant to the provisions of this section shall be mailed or delivered only by officials from the city or town clerks office and delivered only to the applicant. If the address to which the absent voter's ballot is sent is outside the United States or Canada, such papers shall be sent by air mail. Said clerks shall keep lists of the names and addresses, arranged by voting places, of all applicants to whom official absent voting ballots have been sent, and shall identify those official absent voting ballots which have been returned to the clerk. Candidates whose names appear on the ballot and persons bearing notarized requests or copies of notarized requests from candidates whose names appear on the ballot may obtain copies of such lists; the lists shall not be available for public inspection at any time without a court order.
657:16 Refusal to Certify; Procedure. If he or she refuses to certify the application, the town or city clerk shall notify the applicant in writing within 7 days to that effect. The town or city clerk shall provide the applicant with an absentee ballot and a notice that the ballot will not be counted unless the applicant submits the documents necessary to complete an absentee registration. The applicant shall be advised in writing what documents, if any, have been received in proper form and which the applicant must submit in the return envelope that contains the absentee ballot affidavit envelope. The town or city clerk shall mark the exterior of the absentee ballot affidavit envelope with the words “Not Registered.” If the applicant returns the required documents in proper form with the absentee ballot and if the applicant is found to be qualified, he or she shall be registered and his or her absentee ballot shall be processed in the same manner as the absentee ballot of a previously registered voter. If the ballot is returned without the required documents in proper form, the ballot shall be marked and preserved in the manner set forth by law for successfully challenged absentee ballots. The clerk shall preserve the application of any applicant who is not registered as a voter until the time set by law for destruction of the ballots after the election at which time the application shall be destroyed. Any justice of the superior court has jurisdiction in equity upon such notice as he or she may order to require that the name of the person making application for an absentee ballot be placed upon the checklist or registered as a member of any party and be sent an absentee ballot
657:17 Procedure by Voter. After marking the ballot, the voter or the person assisting a blind voter shall enclose and seal the same in the affidavit envelope. The voter shall execute the affidavit on it. The voter or the person assisting the blind voter shall enclose and seal said envelope in the return envelope. The voter shall then endorse thereon his name, address and voting place and shall mail the envelope, affixing postage, or personally deliver it to the city or town clerk from whom it was sent.
657:18 Procedure by Clerk. Upon receipt of a return envelope purporting to contain an official absentee voting ballot, the clerk of the city or town shall attach thereto the application for an absentee ballot submitted by said voter. All such envelopes shall be preserved unopened until election day.
Procedure for Armed Services and Federal Overseas Citizen Voting
657:19 Sending Ballots. Upon receipt of a properly executed application for an official armed services absentee ballot or an overseas citizens federal election absentee ballot, whether the form supplied by the secretary of state, the federal post card application, or a written statement containing the information required by RSA 657:4, a town or city clerk shall send the materials provided for in RSA 657:8 or 657:9, as applicable, regardless of whether the applicant appears on the checklist, and if the applicant requests that the application be considered an application for an absentee ballot for each subsequent election for federal office through the next 2 regularly scheduled general elections, including primaries, for federal office, the town or city clerk shall provide an absentee ballot to the applicant for each such subsequent election. Whenever an armed services voter or an overseas citizen federal voter requests a state general election ballot prior to October 1 to be mailed to an address outside of the United States, he or she shall be sent the same ballot as provided in RSA 656:34. No town or city clerk shall refuse to accept or process an otherwise valid voter registration application or absentee ballot application submitted by an absent armed services voter or federal overseas citizen voter on the grounds that the application was submitted before the first date on which the state otherwise accepts or processes such applications for that election submitted by absentee voters. A town or city clerk who does not certify a voter registration application or absentee ballot application shall provide the absent armed services voter or federal overseas citizen voter the reason for not certifying a voter registration application or an absentee ballot application.
657:19-a Federal Post Card Application. An armed service voter or federal overseas citizen voter who is domiciled in Canada or Mexico or in any other country outside the continental United States qualified to vote in New Hampshire may request an absentee ballot by completing a federal post card application form provided by the United States government, and sending it to the town or city clerk of his last domicile. The applicant may request an absentee ballot for all elections in which he is qualified to cast a ballot during the calendar year.
657:20 Procedure by Voter. After marking his ballot, an armed services voter or a federal overseas citizen voter shall seal the same in the affidavit envelope. If he is a registered voter, he shall execute the appropriate affidavit and return the ballot as hereinafter provided. If the voter is not registered in the town in which he desires to vote, he shall execute the appropriate affidavit. If the armed services voter or federal overseas citizen voter, because of blindness or other physical disability, is unable to mark his ballot, an official empowered to administer oaths may assist him to mark his ballot as directed by the voter. The official shall then certify on the outside thereof that it was marked with his assistance and shall thereafter give no information regarding the same. Having executed the affidavit, the voter shall enclose and seal said envelope in the return envelope. He shall then endorse thereon his name, address and voting place and shall mail the envelope or personally deliver it to the city or town clerk from whom it was sent.
657:21 Registration of Voters. Upon receipt of a return envelope containing an armed services or overseas citizen federal election absentee ballot, the clerk of the city or town shall open and retain said envelope and deliver the affidavit envelope to the supervisors of the checklist of the voting place indicated thereon. If the voter is not registered, the appropriate affidavit appearing on said envelope, if properly executed, shall be prima facie evidence of the voter's qualifications to become a voter and his name shall be added to the checklist. The supervisors of the checklist shall then return the affidavit envelopes unopened to the city or town clerk who shall see that they agree in number with the mailing envelopes. Said clerk shall attach the application for an armed services or overseas citizen federal election absentee ballot submitted by said voter to the 2 corresponding envelopes and retain them until election day.
657:21-a Special Assistance to Emergency Services Worker. I. If an emergency services worker receives notice after noon on the Friday before any state election that he or she is being called into service under circumstances that will prevent that person from obtaining an absentee ballot before leaving and from voting in person at the polls on election day, upon notification that such a call-out has occurred, the secretary of state with assistance from the attorney general and the department of safety shall make every reasonable effort to cause absentee ballot request forms, absentee ballots, absentee affidavits, and any other materials necessary to vote to be transported to the emergency services workers and to be returned to town or city clerk of each voter’s town or ward.
II. For the purposes of this section, “emergency services worker” shall include law enforcement, emergency medical services personnel, firefighters, members of the New Hampshire national guard, utility workers, employees or volunteers for the American Red Cross, and any other emergency worker declared such by the bureau of emergency management in the division of emergency services, communications, and management, department of safety.
III. For the purposes of this section “every reasonable effort” includes, but is not limited to:
(a) Employing local, county, or state law enforcement to transport ballots, affidavits, and other necessary materials to and from the site in New Hampshire where emergency services are temporarily housed, staged, or deployed for an in-state emergency.
(b) Causing ballots, affidavits, and other necessary materials to be transported by the United States mail or commercial overnight courier to and from an out-of-state site where emergency services workers are temporarily housed, staged, or deployed for an out-of-state emergency.
IV. For the purposes of this section “circumstances that will prevent that person from voting in person at the polls on election day” shall include deployment to any disaster that has been declared by the President of the United States or the governor of New Hampshire.
V. Notwithstanding any provision of the law to the contrary, any ballot returned to a polling place pursuant to this section which arrives before the polls are closed shall be processed according to law and if found otherwise in conformance with law shall be counted.
VI. If, in the judgment of the secretary of state, time does not permit obtaining and transporting the local ballot for each emergency services worker, the secretary of state may prepare and issue a statewide-offices-only absentee ballot for the purposes of this section.
VII. The secretary of state, in cooperation with the department of safety and the attorney general, shall develop procedures for implementing this section. The procedures shall include publication of an emergency telephone number available 24 hours daily during the period covered by this section, to allow after-hours and weekend notification to the secretary of state that this section is being invoked. Suitable information on the availability of this section shall be made available to persons covered by this section.
VIII. The public agency or employer of emergency services workers responsible for making call-outs subject to the provisions of this section shall provide the secretary of state with the name and domicile address of each person called out and an address where an absentee ballot may be delivered on the Saturday, Sunday, or Monday prior to the election at the site of the emergency.
IX. If the costs of executing this section at any election exceed $500, the secretary of state shall certify the same to the state treasurer, and prepare a manifest to authorize the state treasurer to make payments from funds not otherwise appropriated. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated
Election Day
657:22 Cutoff. In any state election, a town or city clerk shall not accept any completed absentee ballots delivered to the clerk after 5:00 p.m. on election day. Ballots received after such time shall be retained by the clerk unopened until the time set for the destruction of other state election ballots as provided in RSA 659:l00 at which time the envelopes shall likewise be destroyed, unopened and unexamined.
657:23 Delivery to Moderator. Upon election day, prior to the closing of the polls or the time set for processing absentee ballots in accordance with RSA 659, the clerk shall deliver all such envelopes and the applications therefor received by him to the moderators in the several voting precincts in which the absentee voters assert the right to vote, taking a receipt from the moderator thereof; except that no armed services ballot shall be rejected by a moderator for lack of an attached application.
657:24 Misusing Absentee Ballot. Whoever, prior to the closing of the polls or the time of processing absentee ballots on election day, shall show or exhibit an unsealed absentee ballot to any person or shall use an absentee ballot for any purpose except to vote the same shall be guilty of a misdemeanor; provided that this provision shall not apply to any person engaged in printing or distributing or otherwise dealing with said ballots according to law, to any person who because of blindness is unable to mark his ballot, or to any person who assists a blind person in marking his ballot. Anyone who votes or attempts to vote under the provisions of this chapter who is not entitled to vote by absentee ballot or anyone who knowingly votes or attempts to vote in violation of this chapter shall be guilty of a misdemeanor.
657:25 Conformity with Federal Legislation. The secretary of state and all other appropriate officials or boards are hereby authorized to perform all acts which he or they may be authorized to perform by any federal statute affecting voting by those to whom the statute is applicable and to accept any federal funds which may be made available to defray any expense in connection therewith, in so far as the same may not be repugnant to the constitution of this state.