HB364 (2007) Detail

Requiring that the order of names on ballots be determined by lottery.


HB 364 – AS INTRODUCED

2007 SESSION

07-1114

03/05

HOUSE BILL 364

AN ACT requiring that the order of names on ballots be determined by lottery.

SPONSORS: Rep. Walz, Merr 13

COMMITTEE: Election Law

ANALYSIS

This bill provides that the order of names of candidates on ballots shall be determined by lottery.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1114

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT requiring that the order of names on ballots be determined by lottery.

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

1 Municipal Elections; City Charters; Preparation of Ballots. Amend RSA 49-C:6 to read as follows:

49-C:6 Preparation of Ballots. The city clerk shall prepare the ballots to be used at the municipal elections. Under charters providing for election by the Australian ballot system, the ballots shall be prepared in accordance with the procedure provided for in general election laws governing such system. Under charters providing for non-partisan election, the ballot shall contain the names in [alphabetical] an order [by surname] determined by a lottery conducted by the clerk, without party designation, of all who file with the city clerk as candidates for elective office. In the alternative, the charter may provide for a random selection of the order of names on the ballot. The charter shall specify a filing period, the filing fee to be paid for each office, and, as an alternative method of becoming a candidate on the ballot, the number of qualified voters which may be subscribed to a nominating petition in such form as the charter may set out.

2 Nominations for Special State Elections; Order of Names on Ballots. Amend RSA 655:81, IX to read as follows:

IX. The order of names of [all] the candidates for a party nomination at a special election primary shall be printed in [alphabetical] an order on the ballot to be determined by a lottery conducted by the secretary of state, and the same ballot listing shall be used at all polling places where the special primary election is held; and

3 New Section; General Election Voting; Order of Names. Amend RSA 656 by inserting after section 5 the following new section:

656:5-a Order of Names. If there is more than one candidate in a party column for any office on the ballot for any town or ward, the order of the names of the candidates for that office in the party column shall be listed on the ballot in the order determined by a lottery conducted by the secretary of state.

4 Primary Election Voting Materials; Order of Names. Amend RSA 656:24 to read as follows:

656:24 Order of Names. With the exception of the office of state representative, whenever there are 2 or more candidates for nomination to the same office, the names of such candidates shall be alternated on the state primary election ballots used so that each name shall appear thereon as nearly as may be an equal number of times at the top, at the bottom, and in each intermediate place, if any, of the list in which it belongs. Names of candidates for nomination to the office of state representative shall be arranged in [the alphabetical] an order [of their surnames] to be determined by a lottery conducted by the secretary of state.

5 Presidential Primary Election Voting Materials; Order of Names. Amend RSA 656:32 to read as follows:

656:32 Other Provisions. The provisions of RSA 656:24-656:28 relating to state primary election ballots shall apply to presidential primary ballots, except that candidates on the presidential primary ballot shall be listed in [the alphabetical] an order [of their surnames] to be determined by a lottery conducted by the secretary of state.

6 Constitutional Convention Ballots; Form. Amend RSA 667:12 to read as follows:

667:12 Form. Every ballot for the election shall contain the name and domicile of each candidate who has filed a declaration of candidacy for delegate. The names of candidates upon the ballot shall be arranged in perpendicular columns under the title “For Delegate to the Constitutional Convention.” Below the title shall be printed in easily legible type the words “Vote for” followed by a spelled number designating the number of persons to be elected to such office. At the right of the name of each candidate and on the same line, there shall be a square. Following the names there shall be as many blank lines as there are persons to be elected. Whenever there are 2 or more candidates, the names shall be printed upon the ballot in [alphabetical] an order [of their surnames] to be determined by a lottery conducted by the secretary of state.

7 Town Elections; Official Ballot; Voting Materials. Amend RSA 669:23 to read as follows:

669:23 Preparation of Voting Materials. The town clerk shall prepare the official ballots for the town and shall arrange the names of candidates upon said ballots in parallel columns. Immediately above the names of each block of candidates shall be printed the title of the office for which they are candidates, such as “For Selectman.” Below the title of each office shall be printed in small but easily legible type the words “Vote for not more than (here insert a number designating how many persons are to be voted for).” Directly to the right of the name of each candidate there shall be a square. Whenever there are 2 or more candidates for the same office the names shall be printed upon the ballot in [the alphabetical] an order [of their surnames] to be determined by a lottery conducted by the clerk. Following the names printed on the ballot under the title of each office, there shall be as many blank lines as there are persons to be elected to that office.

8 Effective Date. This act shall take effect 60 days after its passage.