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Subcommittee hears that absentee signature-matching rule was blocked; officials debate alternatives
Summary
Witnesses told the Election Law Subcommittee on Feb. 21 that a federal court enjoined signature-matching as a basis to reject absentee ballots, leaving a verification gap the panel discussed closing with options such as notaries or other identity checks while balancing access for voters with disabilities.
At its Feb. 21 session, the Election Law Subcommittee considered how New Hampshire currently verifies absentee ballots and why the state cannot rely on signature comparison as a routine check.
Secretary Scanlon described how absentee voting has historically depended on matching the signature on an absentee application with the signature on the affidavit (inner) envelope that returns the ballot. She summarized the legal change that followed litigation: "I don't believe that there's a requirement at the moment that requires a person to send a copy of a driver's license or something like that with a request for an absentee ballot," she told members, explaining that a court ruled moderators could not disqualify ballots simply because signatures looked different.
Henry Klementowicz, deputy legal director at the ACLU of New Hampshire, explained the case law and practical reasons the signature-match requirement was enjoined. "There was a lawsuit, that challenged that, by an individual that, you know, claimed that, you know, their signature could vary, day to day. And and the judge agreed ... that that could no longer be a reason to disqualify an absentee ballot," he said. The ACLU and the secretary's office both told the subcommittee that moderators are not handwriting experts and that the signature rule had been applied unevenly across jurisdictions.
Members probed possible reforms. Witnesses discussed options used in other states — notaries, in-person verification at clerk offices, or military/UOCAVA accommodations — and cautioned about imposing burdens that would screen out elderly or disabled voters. Klementowicz urged the committee to weigh the magnitude of any verified problem against the burden imposed by stricter rules: under the Anderson-Burdick framework courts balance the severity of a burden on the franchise against the state's interest in election integrity. "The court first looks at the type of burden imposed on the right to vote," he said.
Secretary Scanlon told members she is willing to work with the subcommittee on changes that maintain both accessibility and confidence, and recommended the panel explore options that allow verification while preserving reasonable access for voters who cannot travel to a clerk or notarize documents.
No formal vote or regulatory change was taken at the session. Members asked staff to compile comparative examples of absentee-verification procedures in other states and to identify legal risks and likely burdens to voters.
