HB 1286 – AS INTRODUCED
HOUSE BILL 1286
This bill authorizes the secretary of state to initiate a recount when there is evidence that the election night count is inaccurate. This bill also authorizes the secretary of state to conduct random audit recounts.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT authorizing the secretary of state to initiate recounts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; General Provisions for Recounts; Recounts for Cause and Random Audit Recounts. Amend RSA 660 by inserting after section 16 the following new sections:
660:16-a Recounts for Cause.
I. During the period of time permitted for recounts following any election, the secretary of state may recount the ballots cast for any office from any polling place where evidence exists that makes it more likely than not that the results of the election night count are inaccurate to a degree that the inaccuracy could affect the outcome of any contested race.
II. Evidence which makes it more likely than not that the election night results are inaccurate to a degree that the inaccuracy could affect the outcome of any contested race includes, but is not limited to:
(a) The results of a recount of the ballots for a polling place for a different race where the recount results varied from the election night results by a greater number of votes than the margin of victory for any other race voted on the same ballot, provided that an office-specific cause for the inaccuracy has not be found.
(b) Evidence that makes it more likely than not that the election night results were tampered with, provided that no evidence exists that makes it more likely than not that the ballots preserved from the polling place were tampered with.
III. The secretary of state shall give notice of the recount to all candidates whose names are printed on the ballot for any race to be recounted under this section.
IV. The secretary of state shall give notice to the moderator and town or city clerk for the polling place to be recounted under this section and the moderator and clerk shall have the right to observe the recount.
V. The results of any recount conducted under this section shall have the same affect as the results of a recount conducted at the request of a person for whom a vote was cast at the election.
660:16-b Random Audit Recounts. Following each state general election, the secretary of state may select 3 voting precincts to recount for purposes of auditing results. Precincts shall be selected to demonstrate the effectiveness of ballot counting mechanics; at least one of the precincts selected shall have counted ballots by hand and at least one of the precincts selected shall have counted ballots using an optical scanning device. The precincts selected shall be of differing size and geographically distributed.
2 Effective Date. This act shall take effect September 1, 2006.