HB470 (2009) Detail

Relative to the order of names on ballots.


HB 470-FN – AS INTRODUCED

2009 SESSION

09-0290

03/09

HOUSE BILL 470-FN

AN ACT relative to the order of names on ballots.

SPONSORS: Rep. Pierce, Graf 9

COMMITTEE: Election Law

ANALYSIS

This bill requires that names on election ballots be listed according to a randomized alphabetization procedure established in the bill.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0290

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the order of names on 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 randomized alphabet determined according to RSA 656:5-a, 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 according to the randomized alphabet determined according to RSA 656:5-a, and the same ballot listing shall be used at all polling places where the special primary election is held; and

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

656:5-a Order of Candidates. The secretary of state shall conduct a drawing of the letters of the alphabet, the result of which shall be known as a randomized alphabet. The procedure shall be as follows:

I. Each letter of the alphabet shall be written on a separate slip of paper, each of which shall be folded and inserted into a capsule. Each capsule shall be opaque and of uniform weight, color, size, shape, and texture. The capsules shall be placed in a container, which shall be shaken vigorously in order to mix the capsules thoroughly. The container then shall be opened and the capsules removed at random one at a time. As each is removed, it shall be opened and the letter on the slip of paper read aloud and written down. The resulting random order of letters constitutes the randomized alphabet, which is to be used in the same manner as the conventional alphabet in determining the order of all candidates in all elections. For example, if 2 candidates with the surnames Campbell and Carlson are running for the same office, their order on the ballot will depend on the order in which the letters M and R were drawn in the randomized alphabet drawing.

II. There shall be one drawing in each year to he held during the first week of January at a time designated by the secretary of state, and shall apply to all elections held during that calendar year. The results of each drawing shall be mailed immediately to each election official responsible for preparing ballots to which the drawing is applicable, who shall use it in determining the order on the ballot of the names of the candidates for office.

III. Each randomized alphabet drawing shall be open to the public. At least 10 days prior to a drawing, the secretary of state shall notify all news outlets with a general circulation or audience within any region of the state and other interested parties of the date, time, and place of the drawing. The secretary of state, through official correspondence, shall invite the following persons to attend each drawing or send a representative: the president of each statewide association of local officials with responsibilities for conducting elections and the state chairman of each party.

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 order of their surnames according to the randomized alphabet determined according to RSA 656:5-a.

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 order of their surnames according to the randomized alphabet determined according to RSA 656:5-a.

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 order of their surnames according to the randomized alphabet determined according to RSA 656:5-a.

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 order of their surnames according to the randomized alphabet determined according to RSA 656:5-a. 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.

LBAO

09-0290

01/15/09

HB 470-FN - FISCAL NOTE

AN ACT relative to the order of names on ballots.

FISCAL IMPACT:

      The Secretary of State reports this bill would increase state expenditures by $2,381 in FY 2010, $11,904 in FY 2011, $4,762 in FY 2012, and $11,904 in FY 2013. This bill will have no impact on state, county, and local revenues, or county and local expenditures.

METHODOLOGY:

    The Secretary of State reports this bill would require the use of a randomized alphabet to determine the order of names on state and local ballots. The Secretary of State assumes this requirement will increase the complexity of accurately organizing the ballot and will require the assistance of a part-time Program Assistant I to help proofread ballots at various stages in the production process. The Program Assistant position would be needed for six months during the 2010 election cycle, including one month in FY 2010 and five months in FY 2011, one month for the Presidential Primary in FY 2012, and six months for the 2012 election cycle including one month in FY 2012 and five months in FY 2013.

 

FY 2010

FY 2011

FY 2012

FY 2013

Program Assistant I, labor grade 12, step 1

$2,212

$11,058

$4,424

$11,058

Part-time benefits @ 7.65%

$ 169

$ 846

$ 338

$ 846

Total

$2,381

$11,904

$4,762

$11,904

    This bill does not contain an appropriation or establish positions.