SB 157 – AS AMENDED BY THE SENATE
03/25/09 1002s
2009 SESSION
03/05
SENATE BILL 157
AN ACT relative to the procedure for listing candidates on election ballots and establishing a citizen-funded election task force.
SPONSORS: Sen. Houde, Dist 5; Sen. Fuller Clark, Dist 24; Sen. Cilley, Dist 6; Rep. Clemons, Hills 24
COMMITTEE: Election Law and Veterans’ Affairs
This bill:
I. 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.
II. Changes the limitations on a candidate designating a name to be placed on the ballot.
III. Establishes a citizen-funded election task force.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0995
03/25/09 1002s
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the procedure for listing candidates on election ballots and establishing a citizen-funded election task force.
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 or the city clerk may follow an alphabetization and rotation procedure specified by the secretary of state pursuant to RSA 656:5-a. 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. 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. Such public selection shall be held after the close of the filing period for the state primary as specified in RSA 655:14 and after giving at least 3 days written notice of the date, time, and location of such selection to the governor, the state chairmen of the parties, the speaker of the house of representatives, the president of the senate, and the minority leaders of both houses of the general court.
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 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.” The random selection of a candidate’s name to go first in the first name order rotation, which may be the only name order if there is only one unique ballot format for the office, shall be made by lot or by another procedure in which each candidate has an equal probability of being chosen first. Such random selection of names, and establishment of a random selection procedure for the ordering of lists of names on ballots to be in effect until the next selection, shall be done publicly and after the close of the filing period for the state primary as specified in RSA 655:14 and after giving at least 3 days written notice of the date, time, and location of such selection to the governor, the state chairmen of the parties, the speaker of the house of representatives, the president of the senate, and the minority leaders of both houses of the general court.
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 procedure established in RSA 656:5-a, with the town clerk acting in lieu of the secretary of state. In the alternative, the town clerk may follow an alphabetization procedure specified by the secretary of state pursuant to RSA 656:5-a, or 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[.], or that creates a perception of a professional or vocational affiliation, such as “Doc” or “Coach.” 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[.], or that creates a perception of a professional or vocational affiliation, such as “Doc” or “Coach.” 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 Citizen-Funded Election Task Force.
I. There is established a citizen-funded election task force. The members of the task force shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(c) Two members representing organizations supporting public financing of campaigns, appointed jointly by the president of the senate and the speaker of the house of representatives.
(d) One member who served on the commission to study the feasibility of public funding of state election campaigns established by 2008, 55, appointed jointly by the president of the senate and the speaker of the house of representatives.
II. Legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.
III. The task force shall:
(a) Review the report of the commission to study the feasibility of public funding of state election campaigns established by 2008, 55, and develop a detailed plan, including proposals for specific legislation, to implement the recommendations of the report.
(b) Solicit input from senators, representatives, the governor, executive councilors, the attorney general, the secretary of state, and any other persons deemed appropriate by the task force.
(c) Hold public hearings at times and at locations around the state that are likely to elicit substantive input from the general public.
(d) Make the schedule and minutes of meetings of the task force, and all testimony and materials presented to the task force, available to the public on a website.
IV. The members of the task force shall elect a chairperson from among the members. The first meeting of the task force shall be called by the first-named senate member. The first meeting of the task force shall be held within 60 days of the effective date of this section. Four members of the task force shall constitute a quorum.
V. The task force shall submit an initial report on or before November 16, 2009 and a final report on or before November 15, 2010 of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the chairmen of the senate election law and veterans’ affairs committee, the chairmen of the house election law committee, the governor, and the state library.
11 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.
LBAO
09-0995
Amended 04/08/09
SB 157 FISCAL NOTE
AN ACT relative to the procedure for listing candidates on election ballots and establishing a citizen-funded election task force.
FISCAL IMPACT:
The Secretary of State states this bill as amended by the Senate (Amendment #2009-1002s) will increase state expenditures by $102,380 in FY 2010, $131,900 in FY 2011, $61,760 in FY 2012, and $43,900 in FY 2013. There will be no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
This bill establishes a procedure for the random drawing of a candidate’s name for the ordering of names on election ballots, requires the rotation of candidate names and party columns on the ballots, changes the limitations on a candidate designating a name to be placed on the ballot, and establishes a citizen-funded election task force. The Secretary of State claims this bill would require the use of additional name order rotations and additional party column rotations in determining the order of names on state, local, and presidential primary ballots. The Secretary states the proposed legislation will increase the complexity of designing and organizing the ballot and will require automation of ballot design and configuration with a computerized election management system, which will mean startup costs of $100,000 per year in FY 2010 and FY 2011, and $12,000 per year thereafter for ongoing maintenance. The Secretary also states the assistance of a part-time Program Assistant I will be needed to help ensure the accuracy of the ballots at various stages of production. The Secretary states the proposed legislation will also require increased staff time for the programming of the AVS accessible voting system, at a cost of $10,000 per election. Additionally, the Secretary claims the reinstatement of the name order rotation on the presidential primary ballot in calendar year 2012 will increase state expenditures in FY 2012 by an additional $35,000. The total increase in state expenditures associated with the implementation of the proposed legislation is as follows:
Program Assistant I (Labor Grade 12, Step 1 salary): $26,540
Part-time Benefits at 7.65% 2,030
Total $28,570
Divided by 12 months $2,380 per month - Part-time help
Fiscal Year 2010 2011 2012 2013
Number of Months of Part-time help 1 5 2 5
Total Costs of Part-time Help $2,380 $11,900 $4,760 $11,900
Automated Election Management System $100,000 $100,000 $12,000 $12,000
AVS Programming @ $10,000 per election - $20,000 $10,000 $20,000
Presidential Primary Ballot Rotation - - $35,000 -
Total Increase in State Expenditures $102,380 $131,900 $61,760 $43,900
This bill does not contain an appropriation or establish positions.