HB 361 – AS INTRODUCED
2005 SESSION
03/10
HOUSE BILL 361
AN ACT relative to filling vacancies on a party ticket in cases of disqualification or death.
SPONSORS: Rep. Dorsett, Graf 8; Rep. Maybeck, Graf 8
This bill modifies the requirements for filling vacancies on a party ticket in cases of disqualification or death.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0767
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to filling vacancies on a party ticket in cases of disqualification or death.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Disqualification of Candidate. Amend RSA 655:38 to read as follows:
655:38 Disqualification of Candidate. If a candidate to be voted for at the general election shall make oath between the date of the candidate’s nomination and the date 14 days prior to the day of the election that he or she does not qualify for the public office which he or she seeks because of [age,] a change in domicile, or if a candidate shall provide the secretary of state with a certification from a health care provider licensed in this state that the candidate acquired an incapacitating [physical] disability [acquired] subsequent to the primary, the secretary of state may remove said person’s name from the ballot. A new candidate may be substituted by the appropriate party committee by submitting the name of the new candidate to the secretary of state within [5] 3 days of the notice of disqualification. The name of the substitute candidate shall be placed on the ballots as provided in RSA 656:21.
2 Death of Candidate. Amend RSA 655:39 to read as follows:
655:39 Death of Candidate. If any candidate to be voted for at the general election shall die between the date of nomination and the date 14 days prior to the day of election, a new candidate may be substituted by the appropriate party committee by submitting the name of the new candidate to the secretary of state within [5] 3 days of the notice of death. The name of the substitute candidate shall be placed on the ballots as provided in RSA 656:21.
3 New Section; Notice From Appropriate Party Committee. Amend RSA 655 by inserting after section 39 the following new section:
655:39-a Notice From Appropriate Party Committee. The written notice from the appropriate party committee designating a candidate to fill a vacancy or designating a candidate to substitute for a disqualified or deceased candidate shall be signed by the chairperson of the state committee of that party or shall be accompanied by a certification from the chairperson of the state committee of that party that the person submitting the written notice is the bona fide representative of the county, town, or ward committee making the designation.
4 Pasters; Substitute Candidates. Amend RSA 656:21 to read as follows:
656:21 Pasters; Substitute Candidates. In the event that a candidate dies or is disqualified as provided in RSA 655:38 or 655:39, the name of the substitute candidate shall be printed on the state general election ballot. If the state general election ballots have already been prepared and time will permit, the secretary of state may authorize adhesive slips or pasters with the name of the substitute candidate thereon to be printed and sent to the town or city clerks representing the territory wherein the deceased or disqualified candidate was to be voted for. Such paster shall be affixed to the ballots as provided in RSA 658:34. The name of the substitute candidate shall be received by the secretary of state no later than [the Tuesday] 11 days prior to the election in order for a substitute name to be placed on the ballot.
5 Effective Date. This act shall take effect 60 days after its passage.