For once, no one is complaining that a New Hampshire primary is too early. Now, the problem is that it's too late.

A new federal law requires states to mail election ballots to overseas voters 45 days before a general election. For 10 states that hold primaries in September, including New Hampshire, that time frame will be difficult to meet. In advance of the 2010 election, state officials are exploring their options to figure out how to comply with the law while not having to move the primary.

"We have not come to any permanent or definite conclusions as to how we'll address it," said state Rep. Jane Clemons, a Nashua Democrat and chairwoman of the House Election Law Committee. "But we're all confident we can handle it without major disruptions to the way we run elections."

The new law was established in order to ensure that overseas voters and members of the military have enough time to vote. It does provide for a "hardship exemption waiver," which states can apply for if they are unable to meet the 45-day requirement.

The 2010 election is scheduled for Nov. 2, which means the new federal deadline for mailing out overseas ballots is Sept. 18. But in New Hampshire, the primary is scheduled for Sept. 14. The deadline for requesting a recount is Sept. 18, and recounts cannot take place until the following week, said Secretary of State Bill Gardner.

"In a nutshell, what this legislation says is that we have to get permission from the secretary of defense in order to hold our primary on the day that the state Legislature has set it for," Gardner said. "It's not something I welcomed with open arms here."

Republican U.S. Sen. Judd Gregg said he tried to address Gardner's concerns during negotiations on the bill.

"I firmly believe that New Hampshire, and other high-performing states, should be excluded from certain provisions designed to improve voting practices in states that have routinely failed to count overseas ballots in a timely manner," Gregg said in a statement.

But Gregg said his provision was opposed by a "senior Democrat on the Senate Rules and Administration Committee" and excluded from the final bill. Gregg said he is introducing a separate bill that would have the same effect, but that bill may not gather enough support to pass.

According to a survey released this month by the U.S. Election Assistance Commission, New Hampshire sent out 4,221 overseas ballots in 2008, and counted 95.6 percent of them. Nationally, an average of 93.6 percent of absentee ballots were counted.

The biggest single reason overseas ballots were not counted nationally was they missed a deadline or were not received on time.

Assistant Secretary of State Anthony Stevens said he believes the data from the survey could help New Hampshire's case if the state asks for a waiver. "The clerks have done so well, everyone in the process has done well in getting the ballots out, we think maybe a waiver would be appropriate and favorably considered," Stevens said.

But Susan Dzieduszycka-Suinat, president and CEO of the Overseas Vote Foundation, which advocated for the bill, said she anticipates that waivers will not be given out easily.

"There has to be serious reason why you can't set up your elections so there's enough time for military voters to get their ballots back," she said. Even if waivers are given in 2010, she said, she anticipates that few will be given in 2012.

"This does have serious implications for the timing of your primaries," Dzieduszycka-Suinat said.

Single page