Testimony from:
Matthew Germer, Director, Governance, R Street Institute

In SUPPORT of SB 537, “An Act allowing the processing of absentee ballots.”

February 13, 2024

Senate Election Law and Municipal Affairs Committee

Chairman Gray and Members of the Committee:

My name is Matthew Germer, and I conduct research on election reform for the R Street Institute, a nonprofit, nonpartisan public policy research organization. Our mission is to engage in policy research and outreach to promote free markets and limited, effective government across a variety of policy areas, including election reform. This is why Senate Bill 537 is important to us.

State legislatures should be focused on election reforms that improve the voting experience for all eligible voters while making efficient use of taxpayer dollars and ensuring trustworthy elections. Senate Bill 537 improves the process governing absentee ballots by authorizing election officials to pre-process—but not count—absentee ballots in advance of Election Day. If this bill is enacted, New Hampshire would take a meaningful step toward producing faster election results, bolstering voter confidence and improving election integrity.

Currently, New Hampshire election officials cannot remove ballots from their outer envelope until Election Day.[1] Senate Bill 537 would allow officials to begin the labor-intensive process of removing ballots from the outer envelope, examining the affidavit on the inner envelope and challenging problematic ballots in advance of Election Day. By allowing this pre-processing, New Hampshire election officials can place their full attention on conducting a top-quality voting experience while the polls are open, as well as producing fast and accurate counts once the polls are closed.

This legislation includes two important features that are critical to promoting public trust in elections. First, the bill gives localities the discretion to decide whether pre-processing is appropriate for their jurisdiction. By empowering local officials to decide the specifics of pre-processing, including whether to pre-process ballots at all, Senate Bill 537 maintains local control over election administration. Second, the bill requires cities and towns to provide two public notices in the days leading up to pre-processing to ensure that ballots are handled with transparency and oversight. These safeguards for voters will promote greater confidence along with improved efficiency of the election process.

If this bill becomes law, New Hampshire will join the 39 other states that allow pre-processing before Election Day.[2] This list includes states like Florida, North Carolina and Texas—states that take election integrity seriously and often feature high-profile, competitive races much like New Hampshire. Under the intense spotlight of national attention, the pre-processing of absentee ballots has allowed these states to produce fast results and imbue more confidence in the accuracy of the outcomes. As our country grapples with a crisis in election confidence, reducing the time it takes for results to be announced may help to curtail the spread misinformation and conspiracies.[3]

While it is understandable to have concerns about adjusting the mechanics of an election, pre-processing of ballots is a proven solution for improved election administration. I urge the committee to advance Senate Bill 537 and pave the way for more efficient and trustworthy election administration.

Thank you for your time,

Matthew Germer
Director, Governance
R Street Institute
(714) 609-6288
[email protected]

[1] RSA 657:18. https://www.gencourt.state.nh.us/rsa/html/lxiii/657/657-mrg.htm?id=8589992027.

[2] “Table 16: When Absentee/Mail Ballot Processing and Counting Can Begin,” NCSL. Dec. 22, 2023. https://www.ncsl.org/elections-and-campaigns/table-16-when-absentee-mail-ballot-processing-and-counting-can-begin.

[3] Ryan Williamson & Matt Germer, “Combating Misinformation Through Election Reform,” https://www.rstreet.org/research/combating-misinformation-through-electoral-reform.