CHAPTER 317
HB 1535-FN – FINAL VERSION
17Feb2010… 0645h
05/12/10 1840s
02Jun2010… 2358eba
2010 SESSION
03/05
HOUSE BILL 1535-FN
AN ACT relative to absentee voting, special elections, election returns, preservation of ballots, recounts, the ballot law commission, and electronic ballot counting devices.
SPONSORS: Rep. Ulery, Hills 27; Rep. K. Roberts, Ches 3; Rep. Baldasaro, Rock 3; Rep. Umberger, Carr 1
This bill:
I. Makes various changes relating to absentee voting, including authorizing electronic ballots for certain voters, and changes procedures for requesting, casting, processing, challenging, and preserving absentee ballots.
II. Changes scheduling requirements for certain special elections.
III. Modifies the requirements for election returns and requires that they be submitted on paper and electronically.
IV. Authorizes the secretary of state to appoint election monitors.
V. Requires the secretary of state to collect certain state primary ballots.
VI. Changes eligibility for a state primary recount.
VII. Changes the meeting requirements for the ballot law commission.
VIII. Establishes requirements for electronic ballot counting devices.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17Feb2010… 0645h
05/12/10 1840s
02Jun2010… 2358eba
10-2011
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to absentee voting, special elections, election returns, preservation of ballots, recounts, the ballot law commission, and electronic ballot counting devices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
317:1 Reference Changed. Amend RSA 44:5 to read as follows:
44:5 Voters and Checklists. Any person having his or her domicile within the city, qualified to vote as provided in RSA 654:1[-654:2 and 654:4-] through 654:6 and whose name is on the checklist shall be qualified to vote in city elections. The supervisors of the checklist shall prepare, post, and revise the checklist for city elections in the same manner as for a state election as provided in RSA 654:25-654:31.
317:2 Reference Changed. Amend RSA 652:13 to read as follows:
652:13 Federal Election. “Federal election” shall mean any state general, special, or primary election held solely or in part for the purpose of choosing or nominating any candidates for the offices of president, vice-president, United States senator, or United States representative. For federal [overseas] ballot only voters domiciled outside the United States who are eligible to vote in federal elections as provided in RSA 657:2, “federal election” shall also include any presidential primary election.
317:3 New Sections; Terms and Definitions. Amend RSA 652 by inserting after section 16-a the following new sections:
652:16-b UOCAVA Voters. “UOCAVA voters” shall mean absent uniformed services voters, absent voters temporarily residing outside the United States, and federal ballot only voters domiciled outside the United States as described in RSA 654:3.
652:16-c Absent Uniformed Services Voters. “Absent uniformed services voters” shall mean persons who are absent from the places of residence in New Hampshire where they are otherwise qualified to vote who are:
I. Members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the National Oceanic and Atmospheric Administration, and the commissioned corps of the Public Health Service, and all regular and reserve components thereof, while in active service.
II. Members of the Merchant Marine of the United States, including individuals (other than members of a uniformed service or individuals employed, enrolled, or maintained on the Great Lakes or the inland waterways):
(a) Employed as officers or crew members of vessels documented under the laws of the United States, or of vessels owned by the United States, or of vessels of foreign-flag registry under charter to or control of the United States; or
(b) Enrolled with the United States for employment, or for training for employment, or maintained by the United States for emergency relief service, as officers or crew members of any such vessel.
III. The spouses or dependents of any member described in paragraph I or II who, by reason of the active duty or service of the member, is absent from the place of residence in New Hampshire where the spouse or dependent is otherwise qualified to vote.
652:16-d Accessible Voting System. “Accessible voting system” shall mean the system chosen by the state to meet the accessibility for individuals with disabilities requirements of section 301 of the Help America Vote Act of 2002, 42 U.S.C. section 15481, that has the capacity to print a paper ballot marked with the votes chosen by the voter.
317:4 New Subdivision; Chief Election Officer. Amend RSA 652 by inserting after section 22 the following new subdivision:
652:23 Chief Election Officer. The secretary of state shall be the chief election officer for the state. The secretary of state shall provide information regarding voter registration procedures and absentee ballot procedures for all voters, including absent uniformed services voters, absent voters temporarily residing outside the United States, and federal ballot only voters domiciled outside the United States. Instructional and informational materials published by the secretary of state for clerks to provide such voters shall include information on how to communicate electronically with election officials.
317:5 Uniformed and Overseas Citizens Absentee Voting Act Voters. RSA 654:3 is repealed and reenacted to read as follows:
654:3 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) Voters.
I. Absent uniformed services voters. An absent uniformed services voter, being a citizen of the United States and being at least 18 years of age as provided in Article 11 of Part First of the constitution of New Hampshire, shall have the right to vote absentee in any state election in the town or city in New Hampshire in which he or she had his or her domicile immediately prior to service, even though he or she no longer maintains domicile in said town or city and even though his or her intent to return thereto is uncertain, provided:
(a) He or she complies with all other applicable requirements and qualifications of the state of New Hampshire.
(b) He or she is not registered to vote in any other state or election district of a state, or in any territory or possession of the United States.
II. Absent voters temporarily residing outside the United States. An absent voter temporarily residing outside the United States, being a citizen of the United States and being at least 18 years of age as provided in Article 11 of Part First of the constitution of New Hampshire shall have the right to vote absentee in any election in the town or city in New Hampshire in which he or she had his or her domicile immediately prior to his or her departure provided:
(a) He or she complies with all other applicable requirements and qualifications of the state of New Hampshire; and
(b) He or she is not domiciled and is not registered to vote in any other state or election district of a state, or in any territory or possession of the United States; and
(c) He or she has a valid passport or card of identity issued under the authority of the Secretary of State of the United States.
III. Federal ballot only voters domiciled outside the United States. Any United States citizen, being at least 18 years of age as provided in Article 11 of Part First of the constitution of New Hampshire, who is domiciled outside the United States, shall have the right to register absentee and to vote for federal offices in the town or city in New Hampshire in which he or she, or a parent or legal guardian of said voter, had his or her domicile immediately prior to his or her departure from the United States, even though he or she no longer maintains domicile in said town or city and even though his or her intent to return thereto is uncertain, provided:
(a) He or she complies with all other applicable requirements and qualifications of the state of New Hampshire; and
(b) He or she is not domiciled in and is not registered to vote in any other state or election district of a state, or in any territory or possession of the United States; and
(c) He or she has a valid passport or card of identity issued under the authority of the Secretary of State of the United States.
317:6 Reference Changed. Amend RSA 654:19 to read as follows:
654:19 Submission; Effect. The applicant shall forward the absentee registration affidavit and the applicant’s voter registration form to the clerk of the town or city named for submission to the supervisors of the checklist. If the supervisors find that the affidavit and the voter registration form are properly executed, they shall follow the procedure for applications made in person as provided in RSA 654:11, 654:13, and 654:15, except that in the case of an absentee voter they shall accept an absentee registration affidavit and a registration form. [An affidavit which is properly executed shall be considered valid and shall be effective for both a primary and a general election for armed services voters and for absent voters who reside outside the continental United States.]
317:7 Overseas Citizens Voting. Amend the subdivision heading preceding RSA 654:20 to read as follows:
[Overseas Citizens Voting:] Federal [Elections Only] Post Card Application Form
317:8 Federal Post Card Application Form. RSA 654:20 is repealed and reenacted to read as follows:
654:20 Federal Post Card Application Form for UOCAVA Voters. As required by federal law, UOCAVA voters may apply to register to vote and apply for an absentee ballot using the federal official post card form prescribed by 42 U.S.C. section 1973ff(b)(2).
317:9 Effect. Amend RSA 654:23 to read as follows:
654:23 Effect. Unless the supervisors of the checklist shall be of the opinion that the federal post card applicant does not qualify as [an overseas] a UOCAVA voter in the city or town as provided in RSA 654:3, [domiciled outside the United States,] they shall, at their next session for the correction of the checklist subsequent to their receipt of such [affidavit] federal post card application properly executed, cause his or her name to be added to the checklist [together with] and, if the applicant is domiciled outside the United States, a mark or sign clearly indicating that the application has been entered on the checklist for the purpose of voting in federal elections only. Thereafter, [such] if the person is domiciled outside the United States, he or she shall be entitled to vote by [overseas citizens] federal offices only absentee ballot at both federal primary and general elections. If the supervisors decide not to add the name of the applicant to the checklist, they shall send notification to the applicant in writing within 7 days stating the reason for that denial.
317:10 Vacancy for Office on Party Ticket. Amend RSA 655:37 to read as follows:
655:37 Vacancy for Office on Party Ticket. If, after the holding of a state primary election, a vacancy exists for any office on a party ticket, such vacancy may be filled as provided in this section. The appropriate party committee shall notify the secretary of state in writing of a person they designate to fill the vacancy. The person so designated shall, no later than the [second] first Friday following the primary election, file with the secretary of state a declaration of candidacy as provided in RSA 655:17 with the understanding that, where the form says primary election, it shall be construed to mean general election. If the candidate is designated for the office of governor, executive councilor, state senator, or state representative, he or she shall also file, no later than 5:00 p.m. on the [second Friday] first Friday following the primary, the appropriate affidavit as provided in RSA 655:29. Any candidate 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 general election ballot for that office.
317:11 Nominations for Special State Elections. Amend RSA 655:81 to read as follows:
655:81 Nomination of U.S. Representative, Executive Councilor, State Senator and Representative to the General Court. The nomination of candidates for the U.S. House of Representatives or for the executive council or for the state senate or for representative to the general court for special elections shall be accomplished through the holding of special election primaries. The filing of candidates for such primaries and all other matters connected with such primaries shall be the same as for primaries before a state general election except that:
I. The special election shall be held on [the] a Tuesday not less than [80] 131 nor more than [87] 145 days following the day that the governor and council declare that there shall be a special election; provided, however, that if one or more municipalities where a special election for state representative will be held have a regularly-scheduled election occurring between [80] 131 and 180 days following the day that the governor and council declare that there shall be a special election, the governor and council shall set the date of the election to coincide with the regularly-scheduled election if a majority of the towns or wards, as represented by the city, jointly request that day; if towns or wards, as represented by the city, request that the special election coincide with regularly-scheduled elections occurring on different dates, the election shall be held on [the] a Tuesday not less than [80] 131 nor more than [87] 145 days following the day that the governor and council declare that there shall be a special election; and
II. [The time limits in RSA 655:14 shall be changed to not more than 43 days nor less than 36 days prior to the primary] The filing period shall start on the Monday following the date on which the governor and council declare that there shall be a special election and shall end at 5:00 p.m. on the Friday of that week; and
III. Under RSA 655:15, the official with whom state representative candidates shall file shall be the secretary of state, except that a state representative candidate may file with the appropriate town or city clerk under RSA 655:15 or with the secretary of state during the [first] Monday and Tuesday only of the filing period in towns and cities in which the clerk’s office is open on one or both of those days, in which case the town or city clerk shall forward each declaration of candidacy to the secretary of state on the same day on which the declaration is filed; and
IV. The primary shall be held [34] 63 days prior to the special election; and
V. Supplementary primary petitions may be filed as needed [not less than 36 days before the primary] no later than 5:00 p.m. on the last day of the filing period; and
VI. The deadline for filing nomination papers shall be no [more than 34 days prior to the special election] later than 5:00 p.m. on the day set for the primary; and
VII. The notice of the primary in RSA 655:11 shall be prepared by the secretary of state and distributed to the town and city clerks as soon as practicable after the setting of the date for the special election; and
VIII. Under RSA 655:12, clerks shall post notices of special election primaries as soon as possible after they are received; and
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; and
X. The publication of the result provided in RSA 659:89 shall not be required; and
XI. The deadline for any candidate to request a recount pursuant to RSA 660:7 shall be [3 days from the day of the primary] 5:00 p.m. on the day after the election.
317:12 Uncontested Primary. Amend RSA 655:82 to read as follows:
655:82 Uncontested Primary. In the event that no party has more than one candidate file, the primary election shall not be conducted. [In such a case, the special election shall be held on the day previously fixed as the day for the holding of the special primary election. The deadline for candidates to file nomination papers pursuant to RSA 655:40-45 shall be 32 days prior to the rescheduled special election date].
317:13 Questions on the Ballot. Amend RSA 656:13 to read as follows:
656:13 Questions on the Ballot. Except as provided in RSA 656:14, whenever a question is submitted to voters at a state general election as provided in RSA 663, the question shall be printed on the state general election ballot following the offices columns. Printed after the question there shall be 2 squares or ovals, one with the word “yes” beside it and another with the word “no” beside it.
317:14 Endorsement. Amend RSA 656:17 to read as follows:
656:17 Endorsement. [Upon the back of] On each state general election ballot shall be printed the words “Official ballot for” followed by the name of the town for which the ballot is prepared, the date of the state general election and a facsimile of the signature of the secretary of state.
317:15 Federal Offices Only Absentee Ballot. Amend RSA 656:34 to read as follows:
656:34 [Official Overseas Citizens] Federal [Election] Offices Only Absentee Ballot. Prior to any federal election, the secretary of state shall prepare, in such quantity as the secretary of state may deem necessary, [overseas citizens] federal [election] offices only absentee ballots [as nearly as practicable in the same form as] in paper and electronic form, similar in form to the official ballot to be used at said election. Said ballots shall have the words “[official overseas citizens federal election absentee ballot] federal offices only absentee ballot” [printed] on them and shall be [similarly] endorsed and the paper version shall be printed on paper of the same color as that used for official [absence and disability] ballots. Such ballots shall provide for voting absentee only for candidates seeking election to federal offices and for no other candidates.
317:16 Absentee Ballot. Amend RSA 656:35 to read as follows:
656:35 [Armed Services] Absentee Ballot for Uniformed Services Voters and Voters Temporarily Residing Outside the United States. [Prior to any state election,] Absent uniformed services voters and voters temporarily residing outside the United States shall be provided with the absentee ballot prepared under RSA 656:33, provided that the secretary of state shall prepare[, in such quantity as the secretary of state may deem necessary, armed services absentee ballots in the same form as the absence and disability absentee ballot to be used at said election] an electronic version of such ballot for use by any absent uniformed services voter or voter temporarily residing outside the United States who requests that his or her absentee ballot be transmitted to the voter electronically pursuant to RSA 657:19.
317:17 Questions on the Ballot. Amend RSA 656:36 to read as follows:
656:36 Questions on the Ballot. Whenever a question to voters is printed on an official state election ballot, the secretary of state shall ensure that said question is also [printed on the absence and disability absentee ballot and on the armed services absentee ballot, except as otherwise provided] on all applicable absentee ballots.
317:18 Constitutional Amendments. Amend RSA 656:37 to read as follows:
656:37 Constitutional Amendments. Whenever a question to voters related to a proposed constitutional amendment is [printed] placed on a [special and] separate ballot as provided in RSA 663:3, the question shall also be [printed] placed on a separate absentee ballot [of the same color as the ballot used for constitutional questions by in-person voters, shall] to be included with each [absence and disability or armed services absentee ballot and shall have printed on it the words “absentee ballot.”] absentee ballot other than federal offices only absentee ballots.
317:19 UOCAVA Voters. Amend RSA 657:2 to read as follows:
657:2 [Overseas] UOCAVA Voters. Any person who is [registered as an overseas] eligible to vote as a UOCAVA voter in any city or town [as provided in RSA 654:20, 654:21, and 654:23] may vote [in federal elections] absentee as follows:
I. A person qualified as an absent uniformed services voter as provided in RSA 654:3 may vote absentee at any state election in the New Hampshire city or town which was his or her last home as provided in this chapter.
II. A person qualified as provided in RSA 654:3 whose current domicile is in the New Hampshire town or ward where he or she is registered to vote, but who is temporarily residing outside the United States may vote absentee in all state elections.
III. A person qualified as provided in RSA 654:3 whose current domicile is outside the United States may vote absentee in elections for federal offices only as provided in this chapter.
317:20 Absentee Voting Application Forms. RSA 657:4 is repealed and reenacted to read as follows:
657:4 Forms.
I. Prior to any state election, the secretary of state shall prepare the appropriate application forms for absentee ballots worded in substantially the following form. The secretary of state shall insert the names of all parties qualified as set forth in RSA 652:11 in the list of parties on the application form. The secretary of state shall prepare the application forms in such quantity as he or she deems necessary:
Absence (Excluding Absence Due to Residence Outside the United States),
Religious Observance, and Disability:
I hereby declare that (check one):
___ I am a duly qualified voter who is currently registered to vote in this town/ward.
___ I am absent from the town/city where I am domiciled and will be until after the next election, or I am unable to register in person due to a disability, and request that the forms necessary for absentee voter registration be sent to me with the absentee ballot.
I will be entitled to vote by absentee ballot because (check one):
___ I plan to be absent on the day of the election from the city, town, or unincorporated place where I am domiciled.
___ I am requesting a ballot for the presidential primary election and I may be absent on the day of the election from the city, town, or unincorporated place where I am domiciled, but the date of the election has not been announced. I understand that I may only make such a request 14 days after the filing period for candidates has closed, and that if I will not be absent on the date of the election I am not eligible to vote by absentee ballot.
___ I cannot appear in public on election day because of observance of a religious commitment.
___ I am unable to vote in person due to a disability.
___ I cannot appear at any time during polling hours at my polling place because an employment obligation requires me to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close.
Any person who votes or attempts to vote using an absentee ballot who is not entitled to vote by absentee ballot shall be guilty of a misdemeanor. RSA 657:24.
I am requesting an official absentee ballot for the following election (check one):
___ Presidential Primary to be held on __________
(MM/DD/YYYY)
(The date may appear as blank when the date is not known.)
___ State Primary to be held on __________
(MM/DD/YYYY)
___ General Election
For primary elections, I am a member of or I am now declaring my affiliation with the (check one):
___ Republican Party
___ Democratic Party
and am requesting a ballot for that party’s primary.
Please print:
Applicant’s Name:
__________________________________________________
(Last) (First) (Middle) (Sr., Jr., II., III)
Applicant’s Voting Domicile (home address):
__________________________________________________
(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
Mail the ballot to me at this address (if different than the home address):
______________________________
(Street Number) (Street Name) (Apt/Unit) (City/Town) (Ward) (Zip Code)
Applicant’s Signature: __________
The applicant must sign this form to receive an absentee ballot.
Date Signed: __________
(MM/DD/YYYY)
II. Any person that publishes, mails, or distributes in any manner any written communication that contains a form or post card which a reasonable person would consider as intended to be used by the recipient of the communication to submit a request for an absentee ballot shall attach a copy of the form prepared by the secretary of state pursuant to paragraph I of this section to the communication or include in the communication a complete facsimile of the form prepared by the secretary of state pursuant to paragraph I of this section. Any person that violates this paragraph shall be subject to a civil penalty not to exceed $1,000, to be imposed in the manner set forth in RSA 659:34, III-V.
III. The federal official post card form shall constitute the form made available by the secretary of state pursuant to RSA 654:20 for absentee ballot applications by UOCAVA voters.
317:21 Procedure by Applicant. Amend RSA 657:6 to read as follows:
657:6 Procedure by Applicant. An application form for an absentee ballot shall be mailed or delivered to any person who applies therefor to the secretary of state or to any town or city clerk. It shall be filled out by the applicant and sent to the clerk of the town or city in which he or she desires to vote. Alternatively, a person may apply for an official absentee ballot by sending to said clerk a written statement containing the information required by [the appropriate paragraph of] RSA 657:4, I or by the federal official post card [application] form.
317:22 UOCAVA Oath. RSA 657:8 is repealed and reenacted to read as follows:
657:8 UOCAVA Oath. Prior to any state election, the secretary of state shall prepare, in such quantity as he or she deems necessary, affidavit envelopes of sufficient size to contain the ballots and an electronic affidavit containing the following:
UOCAVA Voters
Persons desiring to vote by absentee ballot who are absent uniformed services voters, absent voters temporarily residing outside the United States, and federal ballot only voters domiciled outside the United States shall sign the following oath:
Standard Oath
I swear or affirm, under penalty of perjury, that I am:
1. A member of the Uniformed Services or Merchant Marine on active duty; or, an eligible spouse or dependent of such a member; or, a U.S. citizen temporarily residing outside the U.S.; or, other U.S. citizen residing outside the U.S.; and
2. I am a U.S. citizen, at least 18 years of age (or will be by the date of the election), and I am eligible to vote in the requested jurisdiction; and
3. I have not been convicted of a felony, or other disqualifying offense, or been adjudicated mentally incompetent, or, if so, my voting rights have been reinstated; and
4. I am not registering, requesting a ballot, or voting in any other jurisdiction in the U.S., except the jurisdiction cited in this voting form.
In voting, I have marked and sealed my ballot in private and have not allowed any person to observe the marking of the ballot, except for those authorized to assist voters under state or Federal law. I have not been influenced.
My signature and date below indicate when I completed this document.
The information on this form is true, accurate, and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for conviction of perjury.
Signed:____________________________________ Date:__________________
Month/Day/Year
317:23 Forwarding Forms. Amend RSA 657:10 to read as follows:
657:10 Forwarding Forms. The secretary of state shall retain for his or her own use so many of the absentee ballots and forms provided for in RSA 657:7 through [657:9] 657:8 as he or she may deem necessary and shall supply each town and city clerk in the state with as many of them as he or she may deem sufficient. The same shall be [sent] provided electronically and in sealed packages [and] which shall be marked on the outside clearly designating the type and number of ballots enclosed. The secretary of state shall keep a record of the [time] date when and the manner in which the absentee ballots [and forms] were sent to said clerks and of the number of ballots so forwarded. [The secretary of state shall forward overseas citizens federal election ballots to the town or city clerks so as to be received by them no later than 30 days prior to the date of the federal election.] Additional absentee ballots of any type may be obtained as required from the secretary of state upon written application by a town or city clerk.
317:24 Write-In Absentee Ballot. RSA 657:10-a is repealed and reenacted to read as follows:
657:10-a Write-in Absentee Ballot. A person entitled to vote by absentee ballot who is an absent uniformed services voter, an absent voter temporarily residing outside the United States, or a voter domiciled outside the United States who is qualified to vote for federal offices only, who certifies that he or she will be unable to receive, mark, and return an absentee ballot sent no later than 45 days before an election by election day may apply for a write-in absentee ballot. The secretary of state shall prepare write-in absentee ballots of all types necessary for each election and make them available to town and city clerks. Clerks shall send a write-in absentee ballot to any qualified UOCAVA voter requesting such ballot without delay for any request received up to 45 days before an election. The ballot and associated forms and instructions shall be sent by mail or electronically as requested by the voter. In completing the ballot, the voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party next to the title of the office, in which case the ballot shall be counted for that office for the candidate of the political party.
317:25 New Section; Federal Write-In Absentee Ballot. Amend RSA 657 by inserting after section 10-a the following new section:
657:10-b Federal Write-In Absentee Ballot. Absent uniformed services voters, absent voters temporarily residing outside the United States, and federal ballot only voters domiciled outside the United States may use the federal write-in absentee ballot in general, special, and primary elections to vote for federal offices only. As required by federal law, a federal write-in absentee ballot shall not be counted if it is submitted from any location in the United States by an absent voter temporarily residing outside the United States or a federal ballot only voter domiciled outside the United States. The federal write-in absentee ballot shall not be counted if a state absentee ballot is received from the voter. In completing the ballot, the voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party next to the title of the office, in which case the ballot shall be counted for that office for the candidate of the political party.
317:26 Provisions for General Election. Amend RSA 657:12 to read as follows:
657:12 Provisions for General Election. Upon receipt of a properly executed application for an official absentee ballot for a general election, whether the form supplied by the secretary of state, the federal official post card [application] form, or a written statement containing the information required by [the appropriate paragraph of] RSA 657:4, I, a town or city clerk shall forthwith ascertain if the applicant is on the checklist of the town or city. If the applicant is on the checklist, the clerk shall send the materials provided for in RSA 657:15; if not, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile to a town or city clerk.
317:27 Provisions for Primary Elections. Amend RSA 657:13 to read as follows:
657:13 Provisions for State or Presidential Primary Elections. Upon receipt of a properly executed application for an official absentee ballot for a state or presidential primary election, whether the form supplied by the secretary of state or a written statement containing the information required by [the appropriate paragraph of] RSA 657:4, I, a town or city clerk shall forthwith ascertain if the person is on the checklist of the town or city and is properly registered as to party designation. If such person is found to be on the checklist and to be properly registered or if such person is found to be on the checklist but is not registered as a member of any party, but the information supplied states he or she is applying for a ballot of a political party, the person shall be registered as a member of said party; and, in either case, the clerk shall send the materials provided for in RSA 657:15. If the person is not on the checklist or is registered as a member of a party different from the one whose ballot he or she is applying for, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile to a town or city clerk.
317:28 Information Furnished. Amend RSA 657:14 to read as follows:
657:14 Information Furnished. The supervisors of the checklist shall furnish to the town or city clerks upon their request any information relative to persons entitled to vote in their ward or town which may be necessary to enable them to determine the proper ballot, affidavit, and voting instructions to be sent to an absentee voter. Whoever violates any provision of this section shall be guilty of a violation.
317:29 Sending Absentee Ballots. Amend RSA 657:15 to read as follows:
657:15 Sending Absentee Ballots. When the verification required by RSA 657:12 or 657:13 has been made, the clerk shall retain the application and, without delay, personally deliver, e-mail, or mail to the applicant the appropriate ballot and materials as described in RSA 657:7 through [657:9] 657:8 or designate an assistant to deliver such materials to the applicant. The clerk may not designate as an assistant any person who is a candidate for nomination or office or who is working for such a candidate. Any ballots sent pursuant to the provisions of this section shall be mailed or delivered only by officials from the city or town clerk’s office and delivered only to the applicant. If the address to which the absent voter’s ballot is sent is outside the United States or Canada, such papers shall be sent by air mail. Said clerks shall keep lists of the names and addresses, arranged by voting places, of all applicants to whom official absent voting ballots have been sent, and shall identify those official absent voting ballots which have been returned to the clerk. Candidates whose names appear on the ballot and persons bearing notarized requests or copies of notarized requests from candidates whose names appear on the ballot may obtain copies of such lists; the lists shall not be available for public inspection at any time without a court order.
317:30 Refusal to Certify. Amend RSA 657:16 to read as follows:
657:16 Refusal to Certify; Procedure. If he or she refuses to certify the application, the town or city clerk shall notify the applicant in writing within 7 days to that effect. The town or city clerk shall provide the applicant with an absentee ballot and a notice that the ballot will not be counted unless the applicant submits the documents necessary to complete an absentee registration. The applicant shall be advised in writing what documents, if any, have been received in proper form and which the applicant must submit in the [return] outer envelope that contains the absentee ballot [affidavit] envelope. The town or city clerk shall mark the [exterior of] absentee ballot application and the absentee ballot affidavit [envelope] with the words “Not Registered.” If the applicant returns the required documents in proper form with the absentee ballot and if the applicant is found to be qualified, he or she shall be registered and his or her absentee ballot shall be processed in the same manner as the absentee ballot of a previously registered voter. If the ballot is returned without the required documents in proper form, the ballot shall be marked and preserved in the manner set for forth by law for successfully challenged absentee ballots. The clerk shall preserve the application of any applicant who is not registered as a voter until the time set by law for the destruction of the ballots after the election at which time the application shall be destroyed. Any justice of the superior court has jurisdiction in equity upon such notice as he or she may order to require that the name of the person making application for an absentee ballot be placed upon the checklist or registered as a member of any party and be sent an absentee ballot.
317:31 Procedure by Voter. Amend RSA 657:17 to read as follows:
657:17 Procedure by Voter. After marking the ballot, the voter or the person assisting a blind voter shall enclose and seal the same in [the affidavit] an inner envelope. The voter shall execute the affidavit [on it]. The voter or the person assisting the blind voter shall enclose and seal [said] the inner envelope with the affidavit in [the return] an outer envelope. The voter shall then endorse [thereon] on the outer envelope his or her name, address, and voting place and shall mail the envelope, affixing postage, or personally deliver it to the city or town clerk from whom it was sent.
317:32 Procedure by Clerk. Amend RSA 657:18 to read as follows:
657:18 Procedure by Clerk. Upon receipt of [a return] an outer envelope purporting to contain an official absentee voting ballot, the clerk of the city or town shall attach thereto the application for an absentee ballot submitted by said voter. All such envelopes shall be preserved unopened until election day.
317:33 Absentee Voting. Amend the subdivision heading preceding RSA 657:19 to read as follows:
Procedure for [Armed] Uniformed Services, Temporarily Residing Outside the United States, and Federal [Overseas Citizen] Ballot Only Voting
317:34 Sending Ballots. RSA 657:19 is repealed and reenacted to read as follows:
657:19 Sending Ballots to UOCAVA Voters.
I.(a) Upon receipt of a properly executed application for an absentee ballot from a UOCAVA voter as defined in RSA 652:16-b, whether the form supplied by the secretary of state, the federal official post card form, or a written statement containing the information required by RSA 657:4, I, a town or city clerk shall retain the application and, without delay and except as provided in subparagraph (b), enter the application in the statewide centralized voter registration database.
(b) On the last business day no earlier than 45 days before a regularly scheduled general election, each city and town clerk shall deliver absentee ballot information to the secretary of state, on forms and methods prescribed by the secretary of state, for each UOCAVA voter as defined in RSA 652:16-b who, between the required meeting of the supervisors of the checklist pursuant to RSA 654:27 for the regularly scheduled primary election and the last business day prior to 45 days before the regularly scheduled general election, has requested an absentee ballot for the next regularly scheduled general election, unless that UOCAVA voter and his or her absentee ballot request has been entered into the statewide voter registration database.
II. If a request for a write-in absentee ballot is received from a UOCAVA voter 45 or more days before an election from a voter qualified to vote using a write-in absentee ballot in accordance with RSA 657:10-a, the clerk shall, without delay, send a write-in absentee ballot and instructions using either mail or electronic transmission, as requested by the voter.
III. If a request for an absentee ballot for a primary election, other than a presidential primary, or a special election is received from a UOCAVA voter 45 or more days before a primary election, the clerk shall send the ballot and instructions to the applicant no later than the day 45 days prior to the primary election using either mail or electronic transmission, as requested by the voter.
IV. If a request for an absentee ballot for a primary election, other than a presidential primary, or a special election is received from a UOCAVA voter less than 45 days before a primary election, the clerk shall send the ballot and instructions without delay using either mail or electronic transmission, as requested by the voter.
V. If a request for an absentee ballot for a regularly-scheduled general election or a presidential primary is received from a UOCAVA voter 45 or more days before a general election or a presidential primary the secretary of state shall, on behalf of the clerk and in accordance with the voter’s choice, electronically transmit or mail the appropriate absentee ballot and instructions to the voter no later than the day 45 days prior to the general election or the presidential primary. At the secretary of state’s discretion, the secretary of state may enter in the statewide centralized voter registration database the mail date on which absentee voters were sent ballots pursuant to this paragraph. Alternatively, the secretary of state may provide each city and town clerk with a list of all voters sent absentee ballots by the secretary of state pursuant to this section. Upon receipt of such report from the secretary of state, the clerk shall record the date that the absentee ballot was sent to the voter in the statewide centralized voter registration database.
VI. If a request for a general election absentee ballot is received from a UOCAVA voter less than 45 days before a general election, the clerk shall, in accordance with the voter’s choice, electronically transmit or mail the appropriate absentee ballot and instructions to the voter, without delay.
VII. All valid requests for absentee ballots for a general election received by a town and city clerk prior to the Monday before a primary election shall be entered into the statewide centralized voter registration database no later than that Monday and any valid requests received between that Monday and the forty-fifth day prior to a general election shall be entered into the statewide centralized voter registration database on the day received by the clerk. All requests for absentee ballots received after the date that is 45 days prior to an election shall be entered by the city or town clerk, without delay.
VIII. The clerk shall send the appropriate ballot and materials as described in RSA 657:8, regardless of whether the applicant appears on the checklist, and record the information pursuant to RSA 657:15.
IX. The town or city clerk shall forward a copy of the applicant’s registration forms to the supervisors of the checklist.
X. A town or city clerk who finds an absentee ballot application invalid shall provide the UOCAVA voter the reason it is invalid within 7 days.
317:35 Federal Official Post Card Application. RSA 657:19-a is repealed and reenacted to read as follows:
657:19-a Federal Official Post Card Form and Other Requests from UOCAVA Voters. The federal official post card form as provided in RSA 654:20 for simultaneous voter registration application and absentee ballot application shall be valid at any time for voter registration by a person qualified to vote pursuant to RSA 654:3 as an absent uniform services voter, a temporarily absent voter residing outside the United States, or a federal ballot only voter domiciled outside the United States. An absentee ballot request on this post card or in any other form received on or after January 1 of each year shall be valid through December 31 of the same year for all state and municipal elections to be held within that year, subject to the request of the voter and the eligibility of the voter. Provided, however, that an absentee ballot for the presidential primary shall be sent to all voters requesting an absentee ballot for the primary or any election prior to the primary during the general election year and the prior year. The town or city clerk shall forward a copy of all such federal official post card voter forms to the supervisors of the checklist.
317:36 New Sections; Electronic Applications. Amend RSA 657 by inserting after section 19-a the following new sections:
657:19-b Procedure for Requesting Voter Registration Applications or Absentee Ballot Applications Electronically. Any person authorized in RSA 657:19-a to use the federal official post card form may request and receive an absentee voter registration application by downloading the application from the secretary of state’s website, or request that the form be mailed by submitting an electronic request via the e-mail address designated on the website. The secretary shall send the requested application by mail or electronically in accordance with the voter’s choice.
657:19-c E-Mail Account Maintained by Clerks. As required by federal law, to satisfy their obligation to send and receive voting materials electronically, each town and city clerk shall establish and maintain an e-mail account and address, which shall be publically available to voters. Clerks shall keep such information in the statewide centralized voter registration database.
317:37 Procedure by UOCAVA Voter. RSA 657:20 is repealed and reenacted to read as follows:
657:20 Procedure by UOCAVA Voter. UOCAVA voters shall follow the procedure set forth in RSA 657:17.
317:38 Procedure by Clerk. RSA 657:21 is repealed and reenacted to read as follows:
657:21 Procedure by Clerk. Upon receipt of an outer envelope purporting to contain an absentee ballot, the clerk of the city or town shall attach thereto the application for an absentee ballot submitted by the voter. All such envelopes shall be preserved unopened until election day.
317:39 Delivery to Moderator. Amend RSA 657:23 to read as follows:
657:23 Delivery to Moderator. Upon election day, prior to the closing of the polls or the time set for processing absentee ballots in accordance with RSA [659] 659:49, the clerk shall deliver all such envelopes and the applications therefor received by him or her and a list of absentee voter applicants compiled pursuant to RSA 657:15 to the moderators in the several voting precincts in which the absentee voters assert the right to vote, taking a receipt from the moderator thereof; except that no [armed services] UOCAVA voter’s ballot shall be rejected by a moderator for lack of an attached application, provided a signature is available for comparison on a voter registration document.
317:40 Opening Absentee Ballot Outer Envelopes. Amend RSA 659:49-b to read as follows:
659:49-b Opening Absentee Ballot [Return] Outer Envelopes. The moderator or the moderator’s designee may authorize the opening of absentee ballot [return] outer envelopes on election day prior to the time established for processing absentee ballots in RSA 659:49, provided that the opening of the [return] outer envelopes occurs in public with notice of the time and place. The [affidavit] envelope containing the ballot shall not be removed from the [return] outer envelope at such time, and the [return] outer envelope containing the [affidavit] inner envelope shall be secured until it is processed pursuant to RSA 659:50. [This section shall not apply to return envelopes previously opened pursuant to RSA 657:21.]
317:41 Announcement by Moderator. Amend RSA 659:50 to read as follows:
659:50 Announcement by Moderator. The moderator shall begin processing absentee ballots by clearly announcing that he or she is about to open the envelopes which were delivered to him or her. The moderator shall then remove the [affidavit] envelope containing the ballots of each absentee voter and shall compare the signature on the affidavit [envelope] with the signature on the application for the ballot. If:
I. The name of the voter is on the checklist; and
II. The affidavit [on the envelope] appears to be properly executed; and
III. The signature on the affidavit appears to be executed by the same person who signed the application; and
IV. The signatures appear to be the signatures of a duly qualified voter who has not voted at the election; then the moderator shall publicly announce the name of the absentee voter, except that with respect to any voter who has been included in the address confidentiality program under RSA 7:43 or who has been granted a protective order under RSA 173-B, the moderator shall identify such voters as “confidential voter number 1” and “confidential voter number 2,” and so forth. If these conditions are not met, the moderator shall follow the procedure provided in RSA 659:53.
317:42 Challenges. Amend RSA 659:51 to read as follows:
659:51 Challenges. All absentee ballots are subject to challenge after the moderator publicly announces the name of the absentee voter but not after the ballot is removed from the envelope. A person who makes a challenge shall state the reason for the challenge. If the ballot is challenged, the moderator shall write on the [affidavit] envelope containing the ballot the word “challenged” and the name and address of the person who makes the challenge and the basis of the challenge. The moderator shall also number each challenged envelope consecutively by marking, for example, the first challenged ballot “Challenged Ballot No. 1.” The moderator shall then determine if the challenge to the ballot is well grounded. If the moderator decides the challenge is well grounded, [he] the moderator shall not open the envelope but shall preserve it with the other ballots cast at the election as provided in RSA 659:101 and shall record next to the name of the absentee voter on the clerk’s list of absentee voters prepared pursuant to RSA 657:15 the word “challenged” and the reason for the challenge. If the moderator decides that the challenge is not well grounded, he or she shall open the [affidavit] envelope so the affidavit [thereon] is not destroyed and proceed first to mark on the reverse of the folded ballot the corresponding challenge number as previously marked on the envelope. [He] The moderator shall then proceed to deposit the ballot as provided in RSA 659:52.
317:43 Opening Envelope. Amend RSA 659:52 to read as follows:
659:52 Opening Envelope; Depositing Ballot. If the absentee ballot is not challenged, the moderator shall, after announcing the name of the voter, open the [affidavit] envelope containing the ballot so the affidavit [on the envelope] is not destroyed. [He] The moderator shall then take the ballot out of the envelope without unfolding the ballot or without permitting the ballot to be examined, and he or she shall preserve the affidavit [envelope] with the ballots cast at the election as provided in RSA 659:101. The moderator shall then have a checkmark placed beside the name of the absentee voter on the checklist and write therewith the letters “A.V.” in red ink and shall then deposit the ballot in the ballot box.
317:44 New Section; Immaterial Defects; Electronically Transmitted Absentee Ballots. Amend RSA 659 by inserting after section 54 the following new section:
659:54-a Immaterial Defects; Electronically Transmitted Absentee Ballots. No electronically transmitted absentee ballot shall be rejected by the moderator for any ballot, envelope, or affidavit weight, size, or color, or any ink font size, alignment, or color.
317:45 Votes Counted After Processing of Absentee Ballots. Amend RSA 659:61 to read as follows:
659:61 Votes Counted After Processing of Absentee Ballots. After all absentee ballots have been processed, or processed and counted, as provided in RSA 659:49-55, and after the polls have closed, the election officials, except those disqualified in accordance with RSA 659:58, shall, under the supervision of the moderator, immediately begin counting the votes cast at the election. The moderator may use the assistance of a person appointed by the secretary of state or the attorney general to assist in the completion of the election return forms.
317:46 General Content of Return. RSA 659:73 is repealed and reenacted to read as follows:
659:73 General Content of Return.
I. The election return forms shall be submitted on paper and electronically immediately after the completion of the vote count in the manner prescribed by the secretary of state. The return of votes shall include, but not be limited to:
(a) The name of each candidate printed on the ballot and the number of votes that candidate received for the listed office including any write-in votes for the same office on the same ballot where the voter did not mark the printed candidate name.
(b) For each office, the number by which the total number of votes that could have been cast for that office exceeds the total number of votes actually cast for that office.
(c) For each office, the number of potential votes not counted because the voter marked more candidates than permitted. The totals for subparagraphs (b) and (c) may be reported together as a single number.
(d) For each office the total number of votes cast for each write-in candidate and the candidate’s name, excluding write-in votes for candidates whose names were printed on the ballot where the voter did not mark the printed candidate name and the vote is reported under subparagraph (a).
(e) For any question submitted to the voters:
(1) The number of affirmative votes.
(2) The number of negative votes.
(3) The number of ballots where the voter did not cast a vote.
(4) The number of ballots where the ballot was not counted because the voter marked both yes and no.
(f) The number of voters who voted in person on election day checked off on the checklist as having voted.
(g) The number of absentee voters checked off on the checklist as having voted.
(h) The number of official ballots received from the secretary of state brought to the polling place on election day, excluding ballots marked as test ballots and used prior to election day to test a ballot counting machine.
(i) The number of official ballots cast on election day.
(j) If the polling place runs out of official ballots, the number of absentee ballots used as official ballots and cast.
(k) If the polling place runs out of official ballots, the number of photocopy ballots used as official ballots and cast.
(l) The number of Accessible Voting System ballots cast.
(m) The number of state absentee ballots cast.
(n) The number of federal offices only absentee ballots cast.
(o) The number of state write-in absentee ballots cast.
(p) The number of federal write-in absentee ballots cast.
(q) In a primary, the number of ballots cast for each party.
(r) The number of people who registered to vote on election day.
(s) The number of undeclared voters that cast ballots for each party at a state primary election.
(t) The number of undeclared voters that returned to undeclared after voting in a state primary election.
II. The secretary of state shall provide guidance for completing the return of votes in the election procedure manual issued pursuant to RSA 652:22. The secretary of state may provide an electronic version of the return of votes capable of being used on a computer at the polling place to assist moderators and clerks in completing and submitting the paper and electronic forms.
317:47 Copies of Return. Amend RSA 659:75 to read as follows:
659:75 Forwarding; Retaining Copies of Return. One copy of the election return shall be forwarded by the town or ward clerk to the secretary of state in both paper and electronic form no later than [the Monday] 8:00 a.m. on the day following a state election unless the secretary of state orders them sooner. The other shall be kept by the town or city clerk and shall be open to public inspection at reasonable times. If an official state election return is sealed along with the ballots, the clerk having custody of the sealed ballots shall, at the request of the secretary of state, and in the presence of a state election official, unseal the ballots and retrieve the election return. The ballots shall be immediately resealed and the election return shall be delivered to the secretary of state by the election official.
317:48 General Neglect. RSA 659:77 is repealed and reenacted to read as follows:
659:77 General Neglect by Town or Ward Moderator and Clerk.
I. If any moderator shall neglect to cause an accurate count to be made of the votes cast as required by law, for which no other penalty is provided, he or she shall be guilty of a violation.
II. If any town or ward clerk shall neglect to make any return of votes required by law, for which neglect no other penalty is provided, he or she shall be guilty of a violation.
III. If a return of votes is not timely submitted or is submitted with significant defects, if a recount discloses that the election night vote count was significantly inaccurate, or if other significant deficiencies in the conduct of an election are documented the secretary of state shall report the same to the attorney general. Upon a finding by the attorney general that the late submission, miscount, or other significant deficiency was due to lack of training, lack of established procedures, negligence, or misconduct, the secretary of state in consultation with the attorney general shall appoint an election monitor who shall be an individual trained in the conduct of elections and who shall attend portions of the ballot casting and all of the ballot counting to monitor the next election conducted in that town or ward. The finding of the attorney general may be appealed to the ballot law commission.
IV. An election monitor appointed under paragraph III shall have full access to the polling place, including authority to directly observe the registration of voters on election day, the checking in of voters by inspectors of elections, assistance to voters with disabilities, the use of the accessible voting system, the receipt of ballots, the processing of absentee ballots, and the counting of ballots, and may handle marked ballots for the purposes of instruction during the counting and tabulating process.
V. An election monitor appointed under paragraph III may provide training and guidance to the moderator and clerk who conducts the election. The election monitor shall issue a public written report within 30 days following the election to the voters of the town or ward, the secretary of state, and the attorney general, which shall be posted on the secretary of state’s website, documenting the extent to which the town or ward complies with state law and utilizes the best practices set forth in the election procedures manual and the on-line training available on the secretary of state’s website in conducting the monitored election.
317:49 Late Return. Amend RSA 659:78 to read as follows:
659:78 Late Return. Whenever the election return of any town or ward has not been received by the secretary of state [within 5 days] by 8:00 a.m. on the day after a state election, the secretary of state shall so notify the attorney general and the moderator, the selectmen, and the clerk of the town or ward who shall forward such return forthwith.
317:50 Incorrect or Incomplete Return. Amend RSA 659:79 to read as follows:
659:79 Incorrect or Incomplete Return; Amendment. If a town or ward clerk shall make an incorrect or incomplete election return, the moderator may require that clerk, at his or her own expense, to appear and amend the return according to the facts within 4 hours of receipt of notification from the secretary of state. If the clerk shall refuse to appear and amend the return, he or she shall be guilty of a violation.
317:51 Write-In Nomination. Amend RSA 659:88, I(b) to read as follows:
(b) A person whose name was not printed anywhere on the official state primary election ballot, and who receives the nomination of a party by write-in vote in a primary election and wishes to accept the nomination, shall file a declaration of candidacy with the secretary of state no later than [the second Monday] 3:00 p.m. on the first Friday after the primary. The declaration of candidacy shall be filed with the understanding that, where the form says “primary election,” it shall be construed to mean “general election.” A person who files a declaration of candidacy under this section shall be subject to the requirements of RSA 655:19 and 655:19-b relative to filing fees. The person may have the filing fee waived if he or she is unable to pay the fee by reason of indigency. Such person shall not, however, be required to pay the administrative assessment under RSA 655:19-c.
317:52 Rejection of Nomination by Write-In Vote. RSA 659:90 is repealed and reenacted to read as follows:
659:90 Rejection of Nomination by Write-In Vote. The name of a person nominated by write-in vote who fails to file a declaration of candidacy in person, by facsimile, or by e-mailing a signed declaration as an attachment with the secretary of state by 3:00 p.m. on the first Friday following the primary shall not be placed on the general election ballot and will be considered to have rejected the nomination.
317:53 Nomination for Incompatible Offices. Amend RSA 659:91 to read as follows:
659:91 Nominations for Incompatible Offices. Any person who is nominated by the same political party for incompatible offices shall notify the secretary of state in person, in writing, by facsimile transmission, or by e-mailing a signed statement as an attachment no later than 3:00 p.m. on the [Monday] Thursday following the date of the primary of which nomination he or she will accept. Thereupon the secretary of state shall declare a vacancy to exist in the nomination which such person declined. The vacancy shall be filled as provided in RSA 655:37 except that all the necessary declarations of candidacy and affidavits shall be filed no later than 5:00 p.m. on the [second] Friday following the date of the primary.
317:54 Sealing and Certifying Ballots. Amend RSA 659:95 to read as follows:
659:95 Sealing and Certifying Ballots.
I. Immediately after the ballots cast at a state election have been tabulated and the result has been announced and the return has been made, the moderator or the moderator’s designee, in the presence of the selectmen or their designee, shall place the cast, cancelled, and uncast ballots, including such ballots from any additional polling places, and further including the successfully challenged and rejected absentee ballots still contained in their envelopes, in the containers provided by the secretary of state as required by RSA 659:97 and shall seal such container with the sealer provided by the secretary of state as required by RSA 659:97. The moderator or the moderator’s designee shall then enter in the appropriate blanks on such sealer on each container the number of cast, cancelled, and uncast ballots in such container and shall endorse in the appropriate place on such sealer a certificate in substance as follows: Enclosed are the ballots from the state election in the town of _________317:_____ (or in ward _______________ in the city of _________________) held on __________, 20___, Box _____ of _____, [required by law] to be preserved in accordance with RSA 33-A:3-a. The moderator and the selectmen or their designee shall sign their names in the appropriate blanks on the sealer.
II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged absentee ballots still contained in their envelopes, prepared or preserved in accordance with the election laws shall be exempt from the provisions of RSA 91-A. This exemption shall apply to any ballots or absentee voter [affidavit envelopes] affidavits prepared for or used in any election conducted by the state or any political subdivision, including federal elections.
317:55 Delivery of Ballots to Town Clerk. Amend RSA 659:98 to read as follows:
659:98 Delivery of Ballots to Town Clerk.
I. The moderator, or [his] the moderator’s designee, and the selectmen, or their designee, after they have sealed and certified the state election ballots as provided in RSA 659:95 and [96] RSA 659:96, shall deliver the sealed containers to the town or city clerk, or to [his] the clerk’s designee, who shall in their presence enter in the appropriate place on each sealer the time of day and shall sign his or her name in the appropriate blank on the sealer. Except as provided in paragraphs II and III, the clerk or [his] designee shall, without breaking the seals or otherwise changing the condition of the containers, deposit the containers in the town or city hall, where the ballots shall be kept for a period of 60 days.
II. After a regularly-scheduled state primary, the town or city clerk of each town and city in Carroll, Cheshire, Coos, Grafton, Strafford, and Sullivan counties shall deliver the sealed boxes of ballots from the primary to the location designated by the secretary of state to receive the paper return of votes and ballots immediately following the completion of the counting and sealing of ballots. The secretary of state shall cause all such returns and ballots to be collected and delivered to a location designated by the secretary of state.
III. The secretary of state may, at his or her discretion, collect regularly-scheduled state primary ballots from clerks in Belknap, Hillsborough, Merrimack, and Rockingham counties on the Wednesday or Thursday following the regularly-scheduled state primary between 8:00 a.m. and 5:00 p.m. Any clerk whose office will not be open during these hours shall notify the secretary of state and shall, accompanied by at least one voter who is not a member of the same political party as the clerk, deliver the ballots to a nearby town or city clerk’s office that will be open during those hours or shall arrange for a law enforcement officer to transport the ballots to that office.
317:56 Forwarding Ballots to the Secretary of State. Amend RSA 659:99 to read as follows:
659:99 Forwarding Ballots to the Secretary of State. If any person shall make a request for a recount as provided in RSA 660, or if the secretary of state shall request the ballots of the recent election, the clerk having the custody of such ballots shall, at the request of the secretary of state, forward the ballots forthwith to the secretary of state.
317:57 Preservation of Voting Materials. Amend RSA 659:101 to read as follows:
659:101 Preservation of Absentee Voting Materials, Election Day Affidavits, and Domicile Affidavits. The [affidavit envelopes] absentee ballot affidavits and application forms processed by the moderator as provided in RSA 659:50, the absentee ballots challenged and rejected as provided in RSA 659:51 and RSA 659:53, and the qualified voter affidavits and domicile affidavits as provided in RSA 654:12 and any other documentary proof of qualifications retained by the town or city clerk, the supervisors of the checklist, or other election official [may] shall be preserved in the same manner that ballots are preserved. Qualified voter, voter registration, and domicile affidavits shall be retained for 3 years after the election in which they are used, and other materials may be destroyed [one year after the first state general election at which the individual may vote] after the election is settled and all appeals have expired or one year after the election, whichever is longer.
317:58 Primary Recount Applications. Amend RSA 660:7 to read as follows:
660:7 Application.
I. Any person for whom a vote was cast for any nomination of any party at a state 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] 10 votes or less than 1.5 percent of the total [votes] ballots cast [for candidates of] in the primary for that party 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 5:00 p.m. on the day after the primary election. The request may be made by hand delivery, by facsimile transmission, or as an attachment to an e-mail. The fee shall be paid prior to the beginning of the recount. Recounts shall begin 2 days after the primary election and shall be conducted so as to complete all recounts involving towns or wards which have pending requests for absentee ballots for the general election from UOCAVA voters no later than 8:00 a.m. on the Saturday following the primary. Other recounts shall begin during the week following the primary.
II. 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.
317:59 Vacancies; State Representative. Amend RSA 661:8, III to read as follows:
III. Notwithstanding the provisions of paragraph II, if a vacancy occurs in the office of state representative in a district comprised of a city ward or wards, a request to hold the primary and special elections on the same dates as the city’s biennial primary and regular elections may be submitted to the governor and council by the governing body of the city. If so requested, the governor and council shall declare the vacancy not less than [50] 63 days prior to the date of the city’s primary election. The filing period shall be held not more than [41] 57 days nor less than [34] 50 days prior to the primary election. The provisions of RSA 655:81, III, VI, VII, VIII, IX, X, and XI shall apply to elections held pursuant to this paragraph.
317:60 Ballot Law Commission; Hearing Date. Amend the introductory paragraph of RSA 665:5, I to read as follows:
I. [If necessary,] The ballot law commission shall meet [on the fourth Friday of September in each general election year and] at 9:00 a.m. on the Saturday following the regularly-scheduled state primary election and, if necessary, on the third Friday following the presidential primary election in order to hear and decide:
317:61 Reference Changed. Amend RSA 669:4 to read as follows:
669:4 Qualifications of Voters. Any person having his or her domicile within the town and qualified to vote under RSA 654:1[-654:2 and 654:4-] through 654:6 and who is on the town checklist shall be qualified to vote in town elections.
317:62 Town Elections; Official Ballot. Amend RSA 669:24 to read as follows:
669:24 Paper, Uniformity, Endorsement. The ballots shall be printed on plain white paper, in weight not less than that of ordinary printing paper; provided, however, that if more than one ballot is used during any town election, each ballot shall be of a different color than any other ballot used at the election. There shall be no impression or mark to distinguish one ballot from another. The names of all candidates shall be printed in uniform type and the ballots shall be folded so that their width and length when folded shall be uniform. On the back, or at the top of the face, of each ballot shall be printed the words “Official Ballot for the Town of __________,” the date of the election, and a facsimile of the signature of the town clerk who prepared the ballot. For ballots transmitted electronically, the words “Official Ballot for the Town of __________” shall be located at the top of the face of the ballot.
317:63 Town Elections; Conduct. Amend RSA 669:25 to read as follows:
669:25 Conduct. In towns which have adopted an official ballot system, the town election shall be conducted in the same manner as a state general election as provided in RSA 658 and 659, except that RSA 659:77, III-V, 659:78, and 659:98, II and III shall not apply, and except that all duties required to be performed by the secretary of state under those chapters shall be performed by the town clerk, and except that no copy of marked or unmarked checklists need be forwarded to the state archives or federal district court as provided in RSA 659:102. Polling hours for a town meeting or election shall be set by the selectmen or by a vote of the town.
317:64 Town Elections; Absentee Voting. Amend RSA 669:26 to read as follows:
669:26 Absentee Voting. Every town which has adopted an official ballot system for town elections as provided in RSA 669:12 or 669:13 shall provide for absentee voting. Any [registered] eligible voter [or armed services voter] who is absent from such a town on the day of a town election, or who cannot appear in public on election day because of his or her observance of a religious commitment, or who, by reason of physical disability, is unable to vote in person may vote at a town election in accordance with the provisions of this section and RSA 669:27-669:29. A person who is unable to appear at any time during polling hours at his or her polling place because an employment obligation requires the person to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close shall be considered absent for purposes of this section and RSA 669:27-669:29.
317:65 Town Elections; Absentee Voter Forms. RSA 669:27, II-III is repealed and reenacted to read as follows:
II. Blank forms of application for absentee ballots worded similar in form to those required by RSA 657:4.
III. Envelopes of sufficient size to contain the ballots specified in paragraph I, on which shall be printed an affidavit similar in form to that required by RSA 657:7 or 657:8, as applicable.
317:66 Town Elections; Absentee Voting. Amend RSA 669:29 to read as follows:
669:29 Application of Statutes. The procedure for absentee voting in town elections shall be the same as in state elections as provided in RSA 657:2, 657:6, [9, 12 and 14-24] 657:7, 657:8, 657:12, and 657:14 through 657:24. With respect to the provisions of RSA 657:19, absentee ballots shall not be required to be sent to absent uniformed services voters or absent voters temporarily residing outside the United States at least 45 days prior to town elections, but shall be sent by the clerk as long before election day as is practical.
317:67 Reference Changed. Amend RSA 670:3 to read as follows:
670:3 Voters and Checklists. Any person having his or her domicile within the village district and qualified to vote as provided in RSA 654:1[, 654:2 and 654:4-] through 654:6 and whose name is on the village district checklist shall be entitled to vote in any village district election. An updated checklist shall be used at all village district elections and meetings for the same purposes as checklists are used by towns as provided in RSA 669:5. Such checklist or checklists, if the district is located in more than one town, shall be used in the election of district officers.
317:68 Reference Changed. Amend RSA 671:14 to read as follows:
671:14 Qualifications. Any person domiciled in the school district who is qualified to vote as provided in RSA 654:1[-654:2 and 654:4-] through 654:6 and who is on the school district checklist shall be entitled to vote at any school district election.
317:69 New Paragraph; Election Fund; Accounts. Amend RSA 5:6-d by inserting after paragraph VI the following new paragraph:
VII. The treasurer shall, upon request of the secretary of state, establish separate accounts within the election fund in order to segregate funds according to funding source.
317:70 New Paragraphs; Electronic Ballot Counting Devices; Rules. Amend RSA 656:42 by inserting after paragraph VI the following new paragraphs:
VII. Each electronic ballot counting device shall have a memory card, a metal bar covering the inserted memory card, a canvas cover closed by 2 zippers, 2 hard shell covers on the front of the device, a hard shell cover on the rear of the device, and 3 communication ports in the rear of the device.
VIII.(a) Before each election, the vendor for any electronic ballot counting device shall provide the secretary of state with an exact electronic record of the data written to each memory card to be used in the election.
(b) The town or city clerk shall preserve each memory card used at each election until after the recounts for such election are complete and any and all legal challenges to the outcome of that election are adjudicated.
(c) The town or city clerk shall securely preserve each memory card used in any election as directed by the secretary of state.
(d)(1) To help ensure that the counting device cannot be tampered with or improperly accessed, the town or city clerk shall employ electronic ballot counting device seals specified by the secretary of state and seal the electronic ballot counting device in the following areas:
(A) The connection of the 2 zippers on the closed canvas cover of the counting device.
(B) The metal bar in front of the inserted memory card.
(C) Electronic ballot counting device housing:
(i) The seam connecting the 2 hard shell covers on the front of the counting device.
(ii) The seam connecting the hard shell cover on the rear of the counting device.
(iii) The 3 communication ports in the rear of the counting device.
(2) The town or city clerk shall update an activity log supplied by the secretary of state to keep a record each time a counting device seal is broken and a new one installed, and the reason for which the seal was broken.
(3) No person shall break a counting device seal without the presence of 2 witnesses. Upon breaking such seal, the person responsible shall update the activity log, obtain the signatures of each witness, record the reason for breaking such seal, ensure that it is resealed with a new seal immediately, and properly record the new seal number in the activity log.
(4) Before the moderator places into service a counting device on election day, the moderator shall verify all counting device seals have been maintained intact, and any seals which have been broken have been promptly resealed and the activity log properly recorded and signed.
(5) If, on election day, the moderator notices that any seal on the counting device appears tampered with or broken without an adequate record in the activity log, the moderator shall refrain from using the counting device in that election, and shall report the apparent tampering to the attorney general, the secretary of state, the town or city clerk, and the selectmen.
(6) The counting device and the activity log shall be subject to review by the attorney general or secretary of state at any time.
(7) Whenever the town or city clerk receives a memory card from the vendor, the clerk shall break the memory card seal, insert the memory card in the electronic ballot counting device, and apply a new seal. The clerk shall lock any memory card not inserted into an electronic ballot counting device in a safe and record the names of individuals that have access to such safe on the activity log.
(8) Whenever the town or city clerk removes the memory card from the electronic ballot counting device, the clerk shall immediately return it to the memory card programmer and reseal the metal bar in front of the empty memory card slot.
(e)(1) The town or city clerk shall give public notice of the date and time of a pre-election test of the electronic ballot counting device and ballots.
(2) Upon receipt of the official ballots from the secretary of state, the town or city clerk shall remove the number of ballots needed to test the electronic ballot counting device from among the official ballots and keep them separate and secure from the remaining official ballots thereafter.
(3) The town or city clerk shall mark any ballots used for testing with the words “TEST.”
(4) The town or city clerk shall mark the test ballots in such a way as to demonstrate a vote for each candidate on at least one test ballot, as well as votes for less than and more than the number of candidates that may be voted for an office, write-ins, multiple votes for a candidate who appears in more than one party column for the same office on a general election ballot, and ballots on which there are no votes. The clerk shall mark as many as possible of the combinations of choices that a voter may indicate on the ballot.
(5) The town or city clerk shall run each of the test ballots through the counting device in the following orientations: Top first with side one face up, bottom first with side one face up, top first with side one face down, and bottom first with side one face down.
(6) The town or city clerk shall count the votes marked on the test ballots run though the electronic ballot counting device and multiply the results by 4 to account for the 4 different orientations, and check these results against the tally from the electronic ballot counting device.
(7) If the electronic ballot counting device’s tally does not match the count of the town or city clerk, the clerk shall notify the moderator, who shall order that the electronic ballot counting device not be used at the election.
(8) The pre-election test shall be completed no later than the Wednesday immediately prior to the election.
(9) The town or city clerk shall document the pre-election test by preserving:
(A) The test ballots.
(B) The count of votes on the test ballots made by the town or city clerk.
(C) The results from the electronic ballot counting device that was tested.
(10) The clerk shall test all electronic ballot counting devices and memory cards in the possession of the town or city.
(11) Prior to placing the electronic ballot counting device or any memory card into service in an election, the moderator shall certify that there is evidence that pre-election testing was conducted on each electronic ballot counting device and each memory card in the town or city clerk’s possession, and that these devices and cards have passed the test.
317:71 Repeal. The following are repealed:
I. RSA 654:4, relative to armed services voters.
II. RSA 654:21, relative to forwarding registration affidavits.
III. RSA 657:3, relative to armed services voter eligibility.
IV. RSA 657:9, relative to armed services voting.
317:72 Absentee Voting; Provisions for General Election. Amend RSA 657:12 to read as follows:
657:12 Provisions for General Election. Upon receipt of a properly executed application for an official absentee ballot for a general election, whether the form supplied by the secretary of state, the federal official post card [application] form, or a written statement containing the information required by [the appropriate paragraph of] RSA 657:4, I, a town or city clerk shall forthwith ascertain if the applicant is on the checklist of the town or city. If the applicant is on the checklist, the clerk shall send the materials provided for in RSA 657:15 to the applicant and record the information pursuant to RSA 657:15; if not, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile to a town or city clerk.
317:73 Sending Absentee Ballots. Amend RSA 657:15 to read as follows:
657:15 Sending Absentee Ballots. When the verification required by RSA 657:12 or 657:13 has been made, the clerk shall retain the application and, without delay, personally deliver, email, or mail to the applicant the appropriate ballot and materials as described in RSA 657:7 through [657:9] 657:8 or designate an assistant to deliver such materials to the applicant. The clerk may not designate as an assistant any person who is a candidate for nomination or office or who is working for such a candidate. Any ballots sent pursuant to the provisions of this section shall be mailed or delivered only by officials from the city or town clerk’s office and delivered only to the applicant. If the address to which the absent voter’s ballot is sent is outside the United States or Canada, such papers shall be sent by air mail. Said clerks shall keep lists of the names and addresses, arranged by voting places, of all applicants to whom official absentee ballots have been sent, and shall identify those official absentee ballots which have been returned to the clerk and shall record the absentee voter applicant information in the statewide centralized voter registration database. Candidates whose names appear on the ballot and persons bearing notarized requests or copies of notarized requests from candidates whose names appear on the ballot may obtain a list of absentee voter applicants, excluding voters who have presented to the supervisors of the checklist valid protective orders pursuant to RSA 173-B; the lists shall not be available for public inspection at any time without a court order.
317:74 Absentee Voting; Procedure by Clerk. Amend RSA 657:18 to read as follows:
657:18 Procedure by Clerk. Upon receipt of [a return] an outer envelope purporting to contain an official absentee voting ballot, the clerk of the city or town shall attach thereto the application for an absentee ballot submitted by said voter and record the information pursuant to RSA 657:15. All such envelopes shall be preserved unopened until election day.
317:75 Absentee Voting; Delivery to Moderator. Amend RSA 657:23 to read as follows:
657:23 Delivery to Moderator. Upon election day, prior to the closing of the polls or the time set for processing absentee ballots in accordance with RSA 659:49, the clerk shall deliver all such envelopes, the applications therefor received by him or her, and the list of absentee voter applicants compiled pursuant to RSA 657:15 to the moderators in the several voting precincts in which the absentee voters assert the right to vote, taking a receipt from the moderator thereof; except that no [armed services] UOCAVA voter’s ballot shall be rejected by a moderator for lack of an attached application, provided a signature is available for comparison on a voter registration document.
317:76 Challenges. Amend RSA 659:51 to read as follows:
659:51 Challenges. All absentee ballots are subject to challenge after the moderator publicly announces the name of the absentee voter but not after the ballot is removed from the envelope. A person who makes a challenge shall state the reason for the challenge. If the ballot is challenged, the moderator shall write on the [affidavit] envelope containing the ballot the word “challenged” and the name and address of the person who makes the challenge and the basis of the challenge. The moderator shall also number each challenged envelope consecutively by marking, for example, the first challenged ballot “Challenged Ballot No. 1”. The moderator shall then determine if the challenge to the ballot is well grounded. If the moderator decides the challenge is well grounded, the moderator shall not open the envelope but shall preserve it with the other ballots cast at the election as provided in RSA 659:101 and shall record next to the name of the absentee voter on the clerk’s list of absentee [voter applicants] voters prepared pursuant to RSA 657:15 the word “challenged” and the reason for the challenge. The clerk shall record this information in the statewide centralized voter registration database. If the moderator decides that the challenge is not well grounded, he or she shall open the [affidavit] envelope so the affidavit [thereon] is not destroyed and proceed first to mark on the reverse of the folded ballot the corresponding challenge number as previously marked on the envelope. The moderator shall then proceed to deposit the ballot as provided in RSA 659:52.
317:77 Opening Envelope; Depositing Ballot. Amend RSA 659:52 to read as follows:
659:52 Opening Envelope; Depositing Ballot. If the absentee ballot is not challenged, the moderator shall, after announcing the name of the voter, open the [affidavit] envelope containing the ballot so the affidavit [on the envelope] is not destroyed. The moderator shall then take the ballot out of the envelope without unfolding the ballot or without permitting the ballot to be examined, and he or she shall preserve the affidavit [separately from] with the ballots [and deliver it to the town or city clerk upon the closing of the polls] cast at the election as provided in RSA 659:101. The moderator shall then have a checkmark placed beside the name of the absentee voter on the checklist and write therewith the letters “A.V.” in red ink and shall then deposit the ballot in the ballot box.
317:78 Effect. Amend RSA 654:23 to read as follows:
654:23 Effect. Unless the supervisors of the checklist shall be of the opinion that the federal post card applicant does not qualify as a UOCAVA voter in the city or town as provided in RSA 654:3, they shall, at their next session for the correction of the checklist subsequent to their receipt of such federal post card application properly executed, cause his or her name to be added to the checklist and, if the applicant is domiciled outside the United States, a mark or sign clearly indicating that the application has been entered on the checklist for the purpose of voting in federal elections only. Thereafter, if the person is domiciled outside the United States, he or she shall be entitled to vote by federal offices only absentee ballot at both federal primary and general elections. The supervisors shall retain the registration form in accordance with RSA 33-A:3-a and forward a copy of the form to the clerk. If the supervisors decide not to add the name of the applicant to the checklist, they shall send notification to the applicant in writing within 7 days stating the reason for that denial. The supervisors of the checklist shall write the word “REJECTED’’ and the date of rejection across the registration form. They shall retain the registration form and a copy of the denial notification in accordance with RSA 33-A:3-a.
317:79 Refusal to Certify. Amend RSA 657:16 to read as follows:
657:16 Refusal to Certify; Procedure. If he or she refuses to certify the application, the town or city clerk shall notify the applicant in writing within 7 days to that effect. The town or city clerk shall provide the applicant with an absentee ballot and a notice that the ballot will not be counted unless the applicant submits the documents necessary to complete an absentee registration. The applicant shall be advised in writing what documents, if any, have been received in proper form and which the applicant must submit in the outer envelope that contains the absentee ballot envelope. The town or city clerk shall mark the absentee ballot application and the absentee ballot affidavit with the words “Not Registered.” If the applicant returns the required documents in proper form with the absentee ballot and if the applicant is found to be qualified, [he or she] the town or city clerk, shall forward the registration forms to the supervisor of the checklist and the applicant shall be registered and his or her absentee ballot shall be processed in the same manner as the absentee ballot of a previously registered voter. If the ballot is returned without the required documents in proper form, the ballot shall be marked [and preserved] in the manner set [for] forth by law for successfully challenged absentee ballots and preserved in accordance with RSA 33-A:3-a. The clerk shall preserve the application of any applicant who is not registered as a voter until the time set by law for the destruction of the ballots after the election at which time the application shall be destroyed. Any justice of the superior court has jurisdiction in equity upon such notice as he or she may order to require that the name of the person making application for an absentee ballot be placed upon the checklist or registered as a member of any party and be sent an absentee ballot.
317:80 Copies of Return. Amend RSA 659:75 to read as follows:
659:75 Forwarding; Retaining Copies of Return. One copy of the election return shall be forwarded by the town or ward clerk to the secretary of state in both paper and electronic form no later than 8:00 a.m. on the day following a state election unless the secretary of state orders them sooner. The other shall be kept by the town or city clerk in accordance with RSA 33-A:3-a and shall be open to public inspection at reasonable times. If an official state election return is sealed along with the ballots, the clerk having custody of the sealed ballots shall, at the request of the secretary of state, and in the presence of a state election official, unseal the ballots and retrieve the election return. The ballots shall be immediately resealed and the election return shall be delivered to the secretary of state by the election official.
317:81 Sealing and Certifying Ballots. Amend RSA 659:95 to read as follows:
659:95 Sealing and Certifying Ballots.
I. Immediately after the ballots cast at a state election have been tabulated and the result has been announced and the return has been made, the moderator or the moderator’s designee, in the presence of the selectmen or their designee, shall place the cast, cancelled, and uncast ballots, including such ballots from any additional polling places, and further including the successfully challenged and rejected absentee ballots still contained in their envelopes, in the containers provided by the secretary of state as required by RSA 659:97 and shall seal such container with the sealer provided by the secretary of state as required by RSA 659:97. The moderator or the moderator’s designee shall then enter in the appropriate blanks on such sealer on each container the number of cast, cancelled, and uncast ballots in such container and shall endorse in the appropriate place on such sealer a certificate in substance as follows: Enclosed are the ballots from the state election in the town of _________317:_____ (or in ward _______________ in the city of _________________) held on __________, 20___, Box _____ of _____, to be preserved in accordance with RSA 33-A:3-a. The moderator and the selectmen or their designee shall sign their names in the appropriate blanks on the sealer.
II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged and rejected absentee ballots still contained in their envelopes, prepared or preserved in accordance with the election laws shall be exempt from the provisions of RSA 91-A. This exemption shall apply to any ballots or absentee voter affidavits prepared for or used in any election conducted by the state or any political subdivision, including federal elections.
317:82 Delivery of Ballots to Town Clerk. Amend RSA 659:98, I to read as follows:
I. The moderator, or the moderator’s designee, and the selectmen, or their designee, after they have sealed and certified the state election ballots as provided in RSA 659:95 and RSA 659:96, shall deliver the sealed containers to the town or city clerk, or to the clerk’s designee, who shall in their presence enter in the appropriate place on each sealer the time of day and shall sign his or her name in the appropriate blank on the sealer. Except as provided in paragraphs II and III, the clerk or the clerk’s designee shall, without breaking the seals or otherwise changing the condition of the containers, deposit the containers in the town or city hall, where the ballots shall be kept for a period [of 60 days] set forth in RSA 33-A:3-a.
317:83 Preservation of Voting Materials. Amend RSA 659:101 to read as follows:
659:101 Preservation of Absentee Voting Materials, Election Day Affidavits, and Domicile Affidavits. The absentee ballot affidavits and application forms processed by the moderator as provided in RSA 659:50, the absentee ballots challenged and rejected as provided in RSA 659:51 and RSA 659:53, and the qualified voter affidavits and domicile affidavits as provided in RSA 654:12 and any other documentary proof of qualifications retained by the town or city clerk, the supervisors of the checklist, or other election official shall be preserved in [the same manner that ballots are preserved] accordance with RSA 33-A:3-a. Qualified voter, voter registration, and domicile affidavits shall be retained for [3 years after the election in which they are used] the period set forth in RSA 33-A:3-a, and other materials may be destroyed after the election is settled and all appeals have expired or one year after the election, whichever is longer.
317:84 Contingency Provisions.
I. If HB 1529 of the 2010 regular legislative session becomes law, then sections 72-77 of this act shall take effect upon the passage of this act and sections 26, 29, 32, 39, 42, and 43 shall not take effect. If HB 1529 does not become law, then sections 72-77 of this act shall not take effect.
II. If HB 1574-FN of the 2010 regular legislative session becomes law, then sections 78-83 of this act shall take effect at 12:01 a.m. on the effective date of HB 1574-FN and sections 9, 30, 47, 54, 55, and 57 of this act shall not take effect. If HB 1574-FN does not become law, then sections 78-83 of this act shall not take effect.
III. If this act becomes law, then section 6 of HB 1529 of the 2010 regular legislative session is hereby nullified and shall not take effect.
317:85 Effective Date.
I. Sections 15 and 23 of this act and RSA 657:19, III and IV as inserted by section 34 of this act shall take effect September 15, 2010.
II. Sections 9, 26, 29, 30, 32, 39, 42, 43, 47, 54, 55, 57, and 72-83 of this act shall take effect as provided in section 84 of this act.
III. The remainder of this act shall take effect upon its passage.
Approved: July 18, 2010
Effective Date: I. Sections 15 and 23 and RSA 657:19, III and IV as inserted by section 34 shall take effect September 15, 2010.
II. Sections 9, 26, 29, 30, 32, 39, 42, 43, 47, 54, 55, 57, and 72-83 shall take effect as provided in section 84 of this act.
III. The remainder of this act shall take effect July 18, 2010.