HB 358 – AS AMENDED BY THE SENATE
02Jan2008… 2576h
05/15/08 1745s
2007 SESSION
03/09
HOUSE BILL 358
AN ACT relative to the procedure for listing candidates on election ballots.
SPONSORS: Rep. Hopfgarten, Rock 5
This bill establishes a procedure for the random drawing of a candidate’s name for the ordering of names on election ballots and requires the rotation of candidate names and party columns on the ballots. This bill also changes the limitations on a candidate designating a name to be placed 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02Jan2008… 2576h
05/15/08 1745s
07-1125
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the procedure for listing candidates on election ballots.
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 elections, the ballot shall contain the names in alphabetical order by surname according to the alphabetization and rotation procedure established in RSA 656:5-a, with the city clerk acting in lieu of the secretary of state, 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 Ballot. Amend RSA 655:81, IX to read as follows:
IX. The names of all candidates for a party nomination at a special election primary shall be printed in alphabetical order on the ballot [, and the same ballot listing shall be used at all polling places where the special primary election is held] according to the alphabetization and rotation procedure established in RSA 656:5-a; and
3 Preparation of State General Election Voting Materials; Party Columns. Amend RSA 656:5 to read as follows:
656:5 Party Columns. The names of all candidates nominated in accordance with the election laws shall be arranged upon the state general election ballot in successive party columns. Each separate column shall contain the names of the candidates of one party; except that, if only a part of a full list of candidates is nominated by a political party, 2 or more such lists may be arranged whenever practicable in the same column. The party columns that list the names of candidates for offices that elect more than one person shall stagger the names of the candidates so that they do not line up evenly in a horizontal direction. The left-most column shall begin one line below the column to its right. The secretary of state shall determine the vertical location of any additional columns that may appear on the ballot. The position of party columns shall be rotated on the ballots used so that each party column shall appear thereon, to the extent practicable, an approximately equal number of times in the first, last, and each intermediate column position across the state, without requiring more than one unique column order or ballot format for each town and city ward, and provided that no party column shall be placed in the first column position, next to the column listing the offices to be elected, unless it includes candidates for more than half of the offices being elected on the ballot, unless there are no such party columns. The secretary of state shall develop a column rotation order plan for each general election starting with a reasonably balanced rotation across each state representative district consisting of more than one town or ward. Only after establishing a party column rotation order for all towns and wards shall the secretary of state publicly select by lot the actual party column to be positioned in the first column and each subsequent column in the first rotation order.
4 New Section; Preparation of State General Election Voting Materials; Order of Candidate Names on Ballots. Amend RSA 656 by inserting after section 5 the following new section:
656:5-a Order of Candidate Names on Ballots. Whenever there are 2 or more candidates for the same office whose names will appear within the same column or list on a ballot, the names of such candidates shall be rotated on the ballots used so that each name shall appear thereon, to the extent practicable, an equal number of times at or near the top, at or near the bottom, and in each intermediate position, if any, of the list in which it belongs, without requiring more than one unique name order or ballot format for each town and city ward. The secretary of state shall randomly select one candidate’s name, by lot or otherwise, to appear at the top of each such list for the first name order rotation. Other candidates’ names shall be arranged to follow in alphabetical order of their surnames with the letter “a” following “z.”
5 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 order of their surnames according to the alphabetization and rotation procedure established in RSA 656:5-a.
6 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 order of their surnames according to the alphabetization and rotation procedure established in RSA 656:5-a.
7 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 order of their surnames according to the alphabetization and rotation procedure established in RSA 656:5-a.
8 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 order of their surnames according to the alphabetization and rotation procedure established in RSA 656:5-a, with the town clerk acting in lieu of the secretary of state. In the alternative, the governing body may provide for a random selection of the order of names on the ballot. 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.
9 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, 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.] The designated name may include the candidate’s given name or a shortened form of the candidate’s given name or a one-word nickname customarily related to the candidate, and by which the candidate is commonly recognized. The designated name may also include an initial for the first or middle name, or both. 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.
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. [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.] The designated name may include the candidate’s given name or a shortened form of the candidate’s given name or a one-word nickname customarily related to the candidate, and by which the candidate is commonly recognized. The designated name may also include an initial for the first or middle name, or both. 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.
10 Effective Date.
I. Sections 1-8 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.