SB492 (2008) Detail

(2nd New Title) relative to persons designated to fill vacancies on the ballot and relative to recount requests by candidates.


CHAPTER 377

SB 492 – FINAL VERSION

15May2008… 1223h

06/04/08 1984CofC

06/05/08 2164eba

2008 SESSION

08-2866

03/09

SENATE BILL 492

AN ACT relative to persons designated to fill vacancies on the ballot and relative to recount requests by candidates.

SPONSORS: Sen. Cilley, Dist 6; Sen. Burling, Dist 5; Sen. DeVries, Dist 18; Rep. Perry, Straf 3

COMMITTEE: Election Law and Internal Affairs

AMENDED ANALYSIS

This bill:

I. Requires that a person accepting the designation by a party to fill a vacancy who has already filed for an incompatible office withdraw the prior filing.

II. Limits the ability of candidates to request recounts.

III. Authorizes the secretary of state to require advance payment of certain additional recount costs.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15May2008… 1223h

06/04/08 1984CofC

06/05/08 2164eba

08-2866

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to persons designated to fill vacancies on the ballot and relative to recount requests by candidates.

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

377:1 Vacancies Among Primary Candidates; No Declaration Filed; Incompatible Offices. Amend RSA 655:32, I to read as follows:

I. In case no declaration shall be filed by a candidate for any nomination to be voted for at a primary, the nomination may be made by the appropriate party committee as provided in this section. The appropriate party committee shall notify the secretary of state in writing of a person [they designate] it designates to fill the vacancy. The person so designated [shall] may accept the nomination by, on or before the Wednesday following the expiration of the period for filing declarations of candidacy as provided in RSA 655:14 [file], filing with the secretary of state a declaration of candidacy as provided in RSA 655:17. Any candidate accepting a nomination under this paragraph who has already filed for an incompatible office as defined in RSA 655:10 shall withdraw the prior filing. Any vacancy created by the withdrawal of a filing may be filled pursuant to this section. If the candidate is designated for the office of governor, councilor, state senator, or state representative, he or she shall also file on or before the Wednesday following the period for filing declarations of candidacy the appropriate affidavit as provided in RSA 655:29. Any candidate so designated by a party committee who has not filed all the forms required by this section within the required period of time shall not have his or her name printed on the state primary election ballot for that office.

377:2 State General Election Recounts; Eligibility. Amend RSA 660:1 to read as follows:

660:1 Application. Any candidate for whom a vote was cast for any office at a state general election may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate declared elected is less than 20 percent of the total votes cast in the towns which comprise the office to be recounted. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday following the election. Each candidate requesting a recount shall pay the secretary of state fees as provided in RSA 660:2.

377:3 State General Election Recounts; Fees. Amend RSA 660:2, IV to read as follows:

IV. If the difference between the vote cast for the applying candidate and a candidate declared elected shall be greater than 3 percent of the total votes cast in the towns which comprise the office to be recounted, the candidate shall pay the fees as provided in RSA 660:2, III and shall agree in writing with the secretary of state to pay any additional costs of the recount. The secretary of state may require that the applying candidate pay the estimated additional costs of the recount prior to commencing the recount.

377:4 Number of Recounts. Amend RSA 660:3 to read as follows:

660:3 Number of Recounts. Any candidate for whom a vote was cast for any office at a state general election, provided that the difference between the votes cast for the applying candidate and a candidate declared elected is less than 20 percent of the total votes cast in the towns which comprise the office to be recounted, shall be entitled to apply for only one recount under this chapter, and the declaration made by the secretary of state under RSA 660:6 shall be final, subject to a change in the result following an appeal to the ballot law commission, as provided in RSA 665:8, II. If more than one candidate for the same office in the same district applies for a recount under this chapter, and a recount is completed, such applications shall not result in a second recount.

377:5 Primary Recounts; Eligibility. Amend RSA 660:7 to read as follows:

660:7 Application. Any person for whom a vote was cast for any nomination of any party at a state [or presidential] primary may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate of that party declared nominated is less than 20 percent of the total votes cast for candidates of that party in the towns which comprise the office to be recounted. Any person receiving at least 9 percent of the votes cast in any party’s presidential primary may apply for a recount. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday after the primary for a recount of all ballots cast for such nomination. Each candidate requesting a recount shall pay the secretary of state fees as provided in RSA 660:2.

377:6 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 11, 2008

Effective Date: September 9, 2008

Links

SB492 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB492 Revision: 12298 Date: Jan. 1, 2008, midnight

Docket