Revision: Jan. 21, 2010, midnight
HB 381-FN – AS AMENDED BY THE SENATE
30Mar2005… 0733h
05/26/05 1511s
06/09/05 1651s
06/09/05 1853s
2005 SESSION
03/09
HOUSE BILL 381-FN
AN ACT relative to special elections, voter lists, and conduct of elections.
SPONSORS: Rep. Drisko, Hills 5
This bill:
I. Permits the secretary of state to make voter database record data available to assist in the preparation of jury lists.
II. Permits certain special elections to coincide with regularly-scheduled elections.
III. Modifies state electioneering prohibitions.
IV. Makes technical changes to certain election laws.
V. Permits a city council to amend the city charter to allow a special election to fill a vacant school board position.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
30Mar2005… 0733h
05/26/05 1511s
06/09/05 1651s
06/09/05 1853s
05-0318
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to special elections, voter lists, and conduct of elections.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Elections; General Provisions; Terms and Definitions; Electioneer. Amend RSA 652 by inserting after section 16-a the following new section:
652:16-b Electioneer. For the purposes of the election laws, “electioneer” shall mean to act or communicate in any way that a reasonable person would conclude is an attempt to influence how another person may vote at any election on any question or office. “Electioneer” shall not include any printed or written matter attached to any privately-owned vehicle.
2 Centralized Voter Registration Database; Jury Lists. Amend RSA 654:45, VI to read as follows:
VI. The voter database shall be private and confidential and shall not be subject to RSA 91-A and RSA 654:31. The secretary of state is authorized to provide voter database record data to the administrative office of the courts to assist in the preparation of master jury lists pursuant to RSA 500-A and to the clerk of the District Court of the United States for the District of New Hampshire to assist in the preparation of federal court jury lists. The voter checklist for a town or city shall be available pursuant to RSA 654:31. Any person who discloses information from the voter database in any manner not authorized by this section shall be guilty of a misdemeanor.
3 Nominations for Special State Elections; Coincidence with Regular Election. Amend RSA 655:81, I to read as follows:
I. The special election shall be held on the Tuesday not less than 80 nor more than 87 days following the day that the governor and council declare that there shall be a special election; provided, however, that if one or more municipalities where a special election for state representative will be held have a regularly-scheduled election occurring between 80 and 180 days following the day that the governor and council declare that there shall be a special election, the governor and council shall set the date of the election to coincide with the regularly-scheduled election if a majority of the towns or wards, as represented by the city, jointly request that day; and
4 Electioneering at the Polling Place. Amend RSA 659:44 to read as follows:
659:44 Electioneering at the Polling Place. No election officer shall electioneer while in the performance of his or her official duties. [For the purposes of this section, “electioneer” shall mean to act in any way specifically designed to influence the vote of a voter on any question or office.] Any person who violates this provision shall be guilty of a misdemeanor.
5 Electioneering by Public Employees. Amend RSA 659:44-a to read as follows:
659:44-a Electioneering by Public Employees. No public employee[, as defined in RSA 273-A:1, IX,] shall electioneer while in the performance of his or her official duties or use government property, including, but not limited to, telephones, facsimile machines, vehicles, and computers, for electioneering. For the purposes of this section, [“electioneer” means to act in any way specifically designed to influence the vote of a voter on any question or office] “public employee” means any person acting as a volunteer for a public employer, as defined in RSA 273-A:1, X, any classified, unclassified, part-time, or seasonal employee of the state, except persons elected by popular vote, and any person employed by a political subdivision of the state, except persons elected by popular vote and persons appointed by the chief executive or legislative body of the political subdivision whose duties imply a confidential relationship to the political subdivision. Any person who violates this section shall be guilty of a misdemeanor.
6 Vacancies; State Representative. Amend RSA 661:8, I to read as follows:
II. If a vacancy occurs in the office of state representative from a single town or ward district, the vacancy may be filled following the provisions of RSA 655:81 and RSA 655:82 in the same manner as a state general election is held. In a multi-town or multi-ward district, a vacancy in the office of state representative shall be filled following the provisions of RSA 655:81 and RSA 655:82 by a special election if the selectmen of any town or the city for any ward in said district so request of the governor or council.
7 Political Expenditures and Contributions; Applicability of Chapter. Amend RSA 664:1 to read as follows:
664:1 Applicability of Chapter. The provisions of this chapter shall apply to all state primary, general, and special elections, but shall [not] only apply to presidential preference primaries as provided in this section. The provisions relating to political advertising, push polling, and enforcement, RSA 664:14 through [17-a] RSA 664:22, shall additionally apply to presidential primary, city, town, school district, and village district elections. The provisions relating to voluntary expenditure limitations, RSA 664:5-a and 664:5-b, shall additionally apply to elections for United States senator and representative to Congress.
8 New Section; Powers of City Councils; School Board Vacancies. Amend RSA 47 by inserting after section 4 the following new section:
47:4-a School Board Vacancies. A city may amend its charter pursuant to RSA 49-B to call a special election to fill a vacancy on the school board when such vacancy occurs more than 6 months prior to the next city election. If the vacancy occurs less than 6 months prior to the next city election, the city council may either fill the position until the next regular city election or leave the position vacant.
9 Effective Date. This act shall take effect January 1, 2006.
LBAO
05-0318
01/03/05
HB 381-FN - FISCAL NOTE
AN ACT relative to special elections, voter lists, and conduct of elections.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2005 through 2009.