HB 746 – AS INTRODUCED
2007 SESSION
03/09
HOUSE BILL 746
AN ACT relative to listing candidates on election ballots.
SPONSORS: Rep. Forsing, Rock 2
This bill requires that a candidate’s nickname be customarily related to the candidate in order to be placed on the ballot. This bill also changes the date required for receipt of the name of a substitute candidate for placement on the ballot.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-1128
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to listing candidates on election ballots.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Form of Candidate’s Name on Ballot; Nicknames. Amend RSA 655:14-b, I-II to read as follows:
I. Every candidate for state or federal office who intends to have his or her name printed upon the ballot of any party for a primary shall designate in the declaration of candidacy, or on the primary petitions and assents to candidacy, the form in which the candidate’s name shall be printed on the ballot. The candidate may designate his or her given, first, and middle name, the initials of his or her given, first, and middle name, [a nickname,] or any combination thereof as the form in which the candidate’s name shall be printed on the ballot. The candidate may use a nickname in lieu of his or her given, first, or middle name, or the initials thereof, but the candidate shall not designate a deceptive name. If the candidate designates a nickname [in place of or in combination with the candidate’s given name or the initials thereof], the nickname shall be set off with quotation marks and shall be placed immediately before his or her surname. If the candidate designates a nickname, the nickname shall be customarily related to the [candidate’s given name, or, if the nickname is not customarily related to the candidate’s given name, the candidate shall submit clear and convincing evidence that the candidate has been known by the nickname for at least the 5 years immediately preceding the time of filing. If deemed sufficient by the appropriate official, 3 affidavits from voters in the district who are not related to the candidate stating that the candidate has been known by the nickname for at least 5 years may constitute clear and convincing evidence. Nicknames shall be limited to one word, except for 2-word nicknames customarily related to the candidate’s given name. No candidate may designate a nickname that implies that the candidate is some other person, that constitutes a slogan or otherwise associates the candidate with a cause or issue, or that has an offensive or profane meaning. A candidate shall include his or her surname in the designation of the form in which the candidate’s name shall be printed on the ballot] candidate and shall be recognizable as a common name.
II. Every candidate for state or federal office who intends to have his or her name placed on the ballot for the state general election by means other than nomination by party primary shall designate in the declaration of intent the form in which the candidate’s name shall be printed on the ballot in the same manner as described in paragraph I. [The candidate may designate his or her given, first, and middle name, the initials of his or her given, first, and middle name, a nickname, or any combination thereof as the form in which the candidate’s name shall be printed on the ballot, but the candidate shall not designate a deceptive name. If the candidate designates a nickname in place of or in combination with the candidate’s given name or the initials thereof, the nickname shall be set off with quotation marks and shall be placed immediately before his or her surname. If the candidate designates a nickname, the nickname shall be customarily related to the candidate’s given name, or, if the nickname is not customarily related to the candidate’s given name, the candidate shall submit clear and convincing evidence that the candidate has been known by the nickname for at least the 5 years immediately preceding the time of filing. If deemed sufficient by the appropriate official, 3 affidavits from voters in the district who are not related to the candidate stating that the candidate has been known by the nickname for at least 5 years may constitute clear and convincing evidence. Nicknames shall be limited to one word, except for 2-word nicknames customarily related to the candidate’s given name. No candidate may designate a nickname that implies that the candidate is some other person, that constitutes a slogan or otherwise associates the candidate with a cause or issue, or that has an offensive or profane meaning. A candidate shall include his or her surname in the designation of the form in which the candidate’s name shall be printed on the ballot.]
2 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 second Tuesday prior to the election in order for a substitute name to be placed on the ballot.
3 Effective Date. This act shall take effect 60 days after its passage.