HB1147 (2006) Detail

Relative to the conduct of recounts.


CHAPTER 41

HB 1147 – FINAL VERSION

03/22/06 1412s

2006 SESSION

06-2078

03/04

HOUSE BILL 1147

AN ACT relative to the conduct of recounts.

SPONSORS: Rep. Harvey, Hills 21; Rep. Hall, Hills 5; Rep. Drisko, Hills 5; Sen. Hassan, Dist 23

COMMITTEE: Election Law

ANALYSIS

This bill requires visual inspection of ballots during recounts and prohibits the use of any mechanical, optical, or electronic device to recount ballots.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/22/06 1412s

06-2078

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the conduct of recounts.

Be it Enacted by the Senate and House of Representatives in General Court convened:

41:1 Conduct of State General Election Recounts. Amend RSA 660:5 to read as follows:

660:5 Conduct of Recount. If directed by the secretary of state, the state police shall collect all ballots requested from the town or city clerks having custody of them and shall deliver them to the public facility designated by the secretary of state. At the time and place so appointed, the ballots cast for such office shall be counted by the secretary of state and such assistants as [he] the secretary of state may require. When counting the ballots, the secretary of state or his or her assistants shall visually inspect each ballot. No mechanical, optical, or electronic device shall be used for the counting of ballots. The candidates, their counsel, and assistants shall have the right to inspect the ballots and participate in the recount under such suitable rules as the secretary of state may adopt. Each candidate or his or her counsel shall have the right to protest the counting of or failure to count any ballot. The secretary of state shall thereupon rule on said ballot and shall attach thereto a memorandum stating such ruling and the name of the candidate making the protest. If, at any time during the counting of the ballots, a discrepancy appears in any ballot for any reason, the secretary of state shall suspend the recount until the discrepancy is resolved, at which time [he] the secretary of state shall continue the recount. In no event shall a discrepancy result in a second recount for the same candidate, as provided in RSA 660:3.

41:2 Constitutional Amendments Recount; Conduct. Amend RSA 660:11 to read as follows:

660:11 Conduct. The secretary of state shall request that all town and city clerks forward ballots containing such proposed amendment to [him] the secretary of state forthwith, and the clerks shall immediately forward them. At the time and place so appointed, the ballots shall be counted by the secretary of state and such assistants as [he] the secretary of state may require. When counting the ballots, the secretary of state or his or her assistants shall visually inspect each ballot. No mechanical, optical, or electronic device shall be used for the counting of ballots. The ballots shall be open to the inspection of the petitioners and other interested persons under such suitable rules as the secretary of state may prescribe. If, after the recount, it shall appear that the result of the voting on said question is other than that declared upon the original canvass of votes, the secretary of state shall declare the result found upon recount which shall be final unless the result is changed as a result of an appeal taken to the superior court.

41:3 County Referendum. Amend RSA 660:12 to read as follows:

660:12 County Referendum. The secretary of state shall recount the ballots cast on any question which may be submitted to the voters of a county at a state general election under the provisions hereinafter set forth. Application for such recount shall be by written petition signed by at least 50 legal voters of said county presented to the secretary of state no later than the second Friday following the state general election. The recount shall take place at any suitable state facility in the city of Concord as may be designated by the secretary of state at such time as the secretary of state may appoint and under such rules of procedure as he or she shall determine. When counting the ballots, the secretary of state or his or her assistants shall visually inspect each ballot. No mechanical, optical, or electronic device shall be used for the counting of ballots. The secretary of state shall publish notice of the time and place of the recount once in a paper of general circulation throughout the county. The fee for such a recount on a question voted on throughout a county shall be $25 which shall be paid to the secretary of state by the person submitting the application. If, after the recount, it shall appear that the result of the voting on said question is other than that declared upon the original canvass of votes, the secretary of state shall declare the result found upon recount which shall be final unless the result is changed as a result of an appeal taken to the superior court.

41:4 Local Questions Recount; Conduct. Amend RSA 660:14 to read as follows:

660:14 Conduct. At the time and place so appointed, the ballots shall be counted by the secretary of state and such assistants as [he] the secretary of state may require. The ballots shall be open to the inspection of the petitioners, the officials of the city or town, counsel, if any, of the same, and other interested persons under such suitable rules as the secretary of state shall prescribe. When counting the ballots, the secretary of state or his or her assistants shall visually inspect each ballot. No mechanical, optical, or electronic device shall be used for the counting of ballots.

41:5 Town Elections; Board of Recount. Amend RSA 669:32 to read as follows:

669:32 Board of Recount. At the time and place so appointed and notified, the clerk shall publicly break the seal of and open the package in which the ballots of said election are kept; and, thereupon, said ballots shall be recounted by the clerk, the moderator, and the selectmen of said town who shall constitute the board of recount. When counting the ballots, the board of recount or their assistants shall visually inspect each ballot. No mechanical, optical, or electronic device shall be used for the counting of ballots. Any member of the board of recount who is one of the candidates for the office being recounted shall disqualify himself or herself from the board of recount for all official duties of said board. The moderator shall appoint an assistant who shall take the same oath as, serve in the same capacity as, and have all the powers of the recount official whom he or she has replaced.

41:6 Effective Date. This act shall take effect 60 days after its passage.

Approved: April 18, 2006

Effective: June 17, 2006

Links

HB1147 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1147 Revision: 9425 Date: Jan. 21, 2010, midnight

Docket