SB157 (2010) Detail

(New Title) relative to the procedure for listing candidates on election ballots.


CHAPTER 330

SB 157 – FINAL VERSION

03/25/09 1002s

13Jan2010… 2009-2539h

06/02/10 2262CofC

06/02/10 2427eba

2009 SESSION

09-0995

03/05

SENATE BILL 157

AN ACT relative to the procedure for listing candidates on election ballots.

SPONSORS: Sen. Houde, Dist 5; Sen. Fuller Clark, Dist 24; Sen. Cilley, Dist 6; Rep. Clemons, Hills 24

COMMITTEE: Election Law and Veterans’ Affairs

AMENDED ANALYSIS

This bill:

I. Establishes a procedure for the ordering of names on the ballots.

II. Changes the limitations on a candidate designating a name to be placed on the ballot.

III. Establishes a party column ordering procedure for general elections.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/25/09 1002s

13Jan2010… 2009-2539h

06/02/10 2262CofC

06/02/10 2427eba

09-0995

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the procedure for listing candidates on election ballots.

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

330:1 Municipal Elections; City Charters; Preparation of Ballots. Amend RSA 49-C:6 to read as follows:

49-C:6 Preparation of Ballots. The city clerk shall prepare the ballots to be used at the municipal elections. Under charters providing for election by the Australian ballot system, the ballots shall be prepared in accordance with the procedure provided for in general election laws governing such system. Under charters providing for non-partisan elections, the ballot shall contain the names in alphabetical order by surname according to the alphabetization procedure established in RSA 656:5-a, without party designation, of all who file with the city clerk as candidates for elective office. [In the alternative, the charter may provide for a random selection of the order of names on the ballot.] The charter shall specify a filing period, the filing fee to be paid for each office, and, as an alternative method of becoming a candidate on the ballot, the number of qualified voters which may be subscribed to a nominating petition in such form as the charter may set out.

330:2 Nominations for Special State Elections; Order of Names on Ballot. Amend RSA 655:81, IX to read as follows:

IX. The names of all candidates for a party nomination at a special election primary shall be printed in alphabetical order on the ballot [, and the same ballot listing shall be used at all polling places where the special primary election is held] according to the alphabetization procedure established in RSA 656:5-a; and

330:3 New Section; Preparation of State General Election Voting Materials; Order of Candidate Names on Ballots. Amend RSA 656 by inserting after section 5 the following new section:

656:5-a Order of Candidate Names on Ballots.

I. Whenever there are 2 or more candidates for the same office whose names will appear together within the same column or list on a ballot, the position of such names shall be determined according to this section.

II. Immediately following the close of the period during which a person may accept the nomination of a party committee pursuant to RSA 655:32, the secretary of state or designee shall conduct a public random selection of a whole number from one to the total number of candidates for each possible list length where a group of candidates for the same office may appear in the same list in state or local elections during the next 2 years. For example, for a possible list of 3 candidates, the number one, 2, or 3 shall be randomly selected. The seed number for each possible list length shall remain in effect for the 2 years until the next random selection of seed numbers.

III. To determine the order of names on each ballot, the candidates for each office in the same list shall be temporarily listed alphabetically by surnames and the positions in such list shall be temporarily numbered in ascending order. The candidate whose position in the initial temporary list equals the seed number selected under paragraph II for the appropriate list length shall appear first on the ballot. The order of candidates after the candidate in the first position shall follow alphabetically by surname with “a” following “z.”

330:4 Primary Election Voting Materials; Order of Names. Amend RSA 656:24 to read as follows:

656:24 Order of Names. With the exception of the office of state representative, whenever there are 2 or more candidates for nomination to the same office, the names of such candidates shall be alternated on the state primary election ballots used so that each name shall appear thereon as nearly as may be an equal number of times at the top, at the bottom, and in each intermediate place, if any, of the list in which it belongs. Names of candidates for nomination to the office of state representative shall be arranged in the alphabetical order of their surnames according to the alphabetization procedure established in RSA 656:5-a.

330:5 Constitutional Convention Ballots; Form. Amend RSA 667:12 to read as follows:

667:12 Form. Every ballot for the election shall contain the name and domicile of each candidate who has filed a declaration of candidacy for delegate. The names of candidates upon the ballot shall be arranged in perpendicular columns under the title “For Delegate to the Constitutional Convention.” Below the title shall be printed in easily legible type the words “Vote for” followed by a spelled number designating the number of persons to be elected to such office. At the right of the name of each candidate and on the same line, there shall be a square. Following the names there shall be as many blank lines as there are persons to be elected. Whenever there are 2 or more candidates, the names shall be printed upon the ballot in alphabetical order of their surnames according to the alphabetization procedure established in RSA 656:5-a.

330:6 Town Elections; Official Ballot; Voting Materials. Amend RSA 669:23 to read as follows:

669:23 Preparation of Voting Materials. The town clerk shall prepare the official ballots for the town and shall arrange the names of candidates upon said ballots in parallel columns. Immediately above the names of each block of candidates shall be printed the title of the office for which they are candidates, such as “For Selectman.” Below the title of each office shall be printed in small but easily legible type the words “Vote for not more than (here insert a number designating how many persons are to be voted for).” Directly to the right of the name of each candidate there shall be a square. Whenever there are 2 or more candidates for the same office the names shall be printed upon the ballot in the alphabetical order of their surnames according to the alphabetization procedure established in RSA 656:5-a. Following the names printed on the ballot under the title of each office, there shall be as many blank lines as there are persons to be elected to that office.

330:7 Form of Candidate’s Name on Ballot; Nicknames. Amend RSA 655:14-b, I-II to read as follows:

I. Every candidate for state or federal office who intends to have his or her name printed upon the ballot of any party for a primary shall designate in the declaration of candidacy, or on the primary petitions and assents to candidacy, the form in which the candidate’s name shall be printed on the ballot. [The candidate may designate his or her given, first, and middle name, the initials of his or her given, first, and middle name, a nickname, or any combination thereof as the form in which the candidate’s name shall be printed on the ballot, but the candidate shall not designate a deceptive name. If the candidate designates a nickname in place of or in combination with the candidate’s given name or the initials thereof, the nickname shall be set off with quotation marks and shall be placed immediately before his or her surname. If the candidate designates a nickname, the nickname shall be customarily related to the candidate’s given name, or, if the nickname is not customarily related to the candidate’s given name, the candidate shall submit clear and convincing evidence that the candidate has been known by the nickname for at least the 5 years immediately preceding the time of filing. If deemed sufficient by the appropriate official, 3 affidavits from voters in the district who are not related to the candidate stating that the candidate has been known by the nickname for at least 5 years may constitute clear and convincing evidence. Nicknames shall be limited to one word, except for 2-word nicknames customarily related to the candidate’s given name.] The designated name may include the candidate’s given name or a shortened form of the candidate’s given name or a one-word nickname customarily related to the candidate, and by which the candidate is commonly recognized. The designated name may also include an initial for the first or middle name, or both. No candidate may designate a nickname that implies that the candidate is some other person, that constitutes a slogan or otherwise associates the candidate with a cause or issue, [or] that has an offensive or profane meaning[.], or that creates a perception of a professional or vocational affiliation, such as “Doc” or “Coach.” A candidate shall include his or her surname in the designation of the form in which the candidate’s name shall be printed on the ballot.

II. Every candidate for state or federal office who intends to have his or her name placed on the ballot for the state general election by means other than nomination by party primary shall designate in the declaration of intent the form in which the candidate’s name shall be printed on the ballot. [The candidate may designate his or her given, first, and middle name, the initials of his or her given, first, and middle name, a nickname, or any combination thereof as the form in which the candidate’s name shall be printed on the ballot, but the candidate shall not designate a deceptive name. If the candidate designates a nickname in place of or in combination with the candidate’s given name or the initials thereof, the nickname shall be set off with quotation marks and shall be placed immediately before his or her surname. If the candidate designates a nickname, the nickname shall be customarily related to the candidate’s given name, or, if the nickname is not customarily related to the candidate’s given name, the candidate shall submit clear and convincing evidence that the candidate has been known by the nickname for at least the 5 years immediately preceding the time of filing. If deemed sufficient by the appropriate official, 3 affidavits from voters in the district who are not related to the candidate stating that the candidate has been known by the nickname for at least 5 years may constitute clear and convincing evidence. Nicknames shall be limited to one word, except for 2-word nicknames customarily related to the candidate’s given name.] The designated name may include the candidate’s given name or a shortened form of the candidate’s given name or a one-word nickname customarily related to the candidate, and by which the candidate is commonly recognized. The designated name may also include an initial for the first or middle name, or both. No candidate may designate a nickname that implies that the candidate is some other person, that constitutes a slogan or otherwise associates the candidate with a cause or issue, [or] that has an offensive or profane meaning[.], or that creates a perception of a professional or vocational affiliation, such as “Doc” or “Coach.” A candidate shall include his or her surname in the designation of the form in which the candidate’s name shall be printed on the ballot.

330:8 Election Fund. Amend RSA 5:6-d, III to read as follows:

III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of voting equipment which complies with Help America Vote Act of 2002, Public Law 107-252, election law enforcement, and improvements to related information technology, including acquisition and operation of an automated election management system.

330:9 Rotation of Party Columns; 2010 General Election. Immediately following the close of the period during which a person may accept the nomination of a party committee pursuant to RSA 655:32, the secretary of state or designee shall publicly select by lot the actual party columns to be positioned on the 2010 general election ballot according to the generic column rotation plan established in this section. The first actual party column drawn by lot shall occupy all positions corresponding to the generic party column “1” designation; the second actual party column drawn by lot shall occupy all positions corresponding to the generic party column “2” designation and so forth until all actual party columns are assigned positions on all ballots. If more party columns are required, the secretary of state shall establish such generic party column.

Generic party column rotation plan for 3 party columns

VOTING PLACE

1st column position

2nd column position

3rd column position

Acworth

1

3

2

Albany

2

1

3

Alexandria

3

2

1

Allenstown

3

2

1

Alstead

3

1

2

Alton

2

1

3

Amherst

2

3

1

Andover

1

2

3

Antrim

2

1

3

Ashland

3

1

2

At.& Gil. Ac. Gt.

3

2

1

Atkinson

2

3

1

Auburn

3

1

2

Barnstead

2

3

1

Barrington

3

2

1

Bartlett

2

1

3

Bath

3

1

2

Bean's Grant

1

3

2

Bean's Purchase

1

2

3

Bedford

3

2

1

Belmont

1

3

2

Bennington

2

3

1

Benton

3

1

2

Berlin Ward 1

1

2

3

Berlin Ward 2

3

1

2

Berlin Ward 3

2

3

1

Berlin Ward 4

1

3

2

Bethlehem

1

3

2

Boscawen

2

1

3

Bow

1

3

2

Bradford

3

1

2

Brentwood

1

3

2

Bridgewater

2

1

3

Bristol

1

2

3

Brookfield

1

2

3

Brookline

3

2

1

Cambridge

3

1

2

Campton

2

3

1

Canaan

1

3

2

Candia

3

2

1

Canterbury

2

3

1

Carroll

2

3

1

Center Harbor

1

2

3

Chandler’s Purchase

1

3

2

Charlestown

3

1

2

Chatham

3

2

1

Chester

1

3

2

Chesterfield

1

2

3

Chichester

1

2

3

Claremont Ward 1

1

3

2

Claremont Ward 2

2

3

1

Claremont Ward 3

3

2

1

Clarksville

3

1

2

Colebrook

1

2

3

Columbia

3

2

1

Concord Ward 01

3

1

2

Concord Ward 02

1

3

2

Concord Ward 03

2

3

1

Concord Ward 04

3

2

1

Concord Ward 05

2

3

1

Concord Ward 06

1

3

2

Concord Ward 07

3

1

2

Concord Ward 08

1

3

2

Concord Ward 09

1

2

3

Concord Ward 10

2

3

1

Conway

1

3

2

Cornish

2

1

3

Crawford's Purchase

1

2

3

Croydon

2

1

3

Cutt's Grant

1

3

2

Dalton

2

1

3

Danbury

3

1

2

Danville

2

3

1

Deerfield

2

1

3

Deering

1

3

2

Derry

3

2

1

Dix's Grant

3

1

2

Dixville

2

1

3

Dorchester

2

3

1

Dover Ward 1

1

3

2

Dover Ward 2

2

3

1

Dover Ward 3

2

1

3

Dover Ward 4

3

1

2

Dover Ward 5

3

1

2

Dover Ward 6

2

1

3

Dublin

3

2

1

Dummer

2

3

1

Dunbarton

2

3

1

Durham

3

2

1

East Kingston

2

3

1

Easton

1

2

3

Eaton

3

2

1

Effingham

3

2

1

Ellsworth

3

2

1

Enfield

3

2

1

Epping

1

3

2

Epsom

2

1

3

Errol

2

1

3

Erving's Location

3

2

1

Exeter

2

1

3

Farmington

2

3

1

Fitzwilliam

2

1

3

Francestown

3

1

2

Franconia

2

3

1

Franklin Ward 1

3

2

1

Franklin Ward 2

1

3

2

Franklin Ward 3

2

3

1

Freedom

2

3

1

Fremont

2

3

1

Gilford

3

1

2

Gilmanton

1

3

2

Gilsum

1

3

2

Goffstown

3

2

1

Gorham

2

1

3

Goshen

3

2

1

Grafton

2

1

3

Grantham

3

2

1

Greenfield

2

1

3

Greenland

2

1

3

Green's Grant

1

2

3

Greenville

2

1

3

Groton

1

3

2

Hadley's Purchase

1

2

3

Hale's Location

3

1

2

Hampstead

1

3

2

Hampton

1

2

3

Hampton Falls

2

1

3

Hancock

3

2

1

Hanover

2

1

3

Harrisville

1

2

3

Hart's Location

3

2

1

Haverhill

1

2

3

Hebron

3

1

2

Henniker

2

1

3

Hill

1

2

3

Hillsborough

1

2

3

Hinsdale

3

2

1

Holderness

2

3

1

Hollis

2

1

3

Hooksett

3

1

2

Hopkinton

1

3

2

Hudson

2

3

1

Jackson

3

1

2

Jaffrey

2

1

3

Jefferson

1

2

3

Keene Ward 1

3

1

2

Keene Ward 2

2

3

1

Keene Ward 3

1

3

2

Keene Ward 4

2

1

3

Keene Ward 5

1

2

3

Kensington

3

2

1

Kilkenny

1

3

2

Kingston

3

1

2

Laconia Ward 1

3

1

2

Laconia Ward 2

1

2

3

Laconia Ward 3

3

2

1

Laconia Ward 4

1

3

2

Laconia Ward 5

2

1

3

Laconia Ward 6

2

3

1

Lancaster

3

2

1

Landaff

1

3

2

Langdon

2

3

1

Lebanon Ward 1

1

2

3

Lebanon Ward 2

2

1

3

Lebanon Ward 3

3

2

1

Lee

1

2

3

Lempster

3

1

2

Lincoln

1

2

3

Lisbon

2

1

3

Litchfield

3

1

2

Littleton

1

3

2

Livermore

1

3

2

Londonderry

1

3

2

Loudon

3

1

2

Low & Burbank’s Grant

1

3

2

Lyman

2

3

1

Lyme

3

1

2

Lyndeborough

3

1

2

Madbury

2

1

3

Madison

1

2

3

Manchester Ward 01

1

3

2

Manchester Ward 02

2

1

3

Manchester Ward 03

1

2

3

Manchester Ward 04

2

3

1

Manchester Ward 05

2

1

3

Manchester Ward 06

2

1

3

Manchester Ward 07

1

3

2

Manchester Ward 08

3

2

1

Manchester Ward 09

1

2

3

Manchester Ward 10

3

1

2

Manchester Ward 11

1

3

2

Manchester Ward 12

2

3

1

Marlborough

3

2

1

Marlow

3

2

1

Martin's Location

1

2

3

Mason

1

2

3

Meredith

3

1

2

Merrimack

2

1

3

Middleton

2

3

1

Milan

3

2

1

Milford

1

3

2

Millsfield

2

3

1

Milton

1

2

3

Monroe

3

2

1

Mont Vernon

3

2

1

Moultonborough

2

3

1

Nashua Ward 1

3

1

2

Nashua Ward 2

2

1

3

Nashua Ward 3

1

3

2

Nashua Ward 4

1

3

2

Nashua Ward 5

1

3

2

Nashua Ward 6

3

2

1

Nashua Ward 7

2

1

3

Nashua Ward 8

3

2

1

Nashua Ward 9

1

2

3

Nelson

1

3

2

New Boston

1

2

3

New Castle

1

2

3

New Durham

2

1

3

New Hampton

3

2

1

New Ipswich

1

3

2

New London

1

3

2

Newbury

3

2

1

Newfields

1

2

3

Newington

2

3

1

Newmarket

3

2

1

Newport

1

2

3

Newton

1

3

2

North Hampton

3

1

2

Northfield

1

3

2

Northumberland

1

3

2

Northwood

3

1

2

Nottingham

1

2

3

Odell

3

1

2

Orange

2

1

3

Orford

1

2

3

Ossipee

3

1

2

Pelham

1

3

2

Pembroke

3

2

1

Peterborough

3

1

2

Piermont

3

2

1

Pinkham's Grant

1

3

2

Pittsburg

2

3

1

Pittsfield

1

2

3

Plainfield

1

2

3

Plaistow

2

3

1

Plymouth

2

1

3

Portsmouth Ward 1

1

2

3

Portsmouth Ward 2

3

1

2

Portsmouth Ward 3

3

2

1

Portsmouth Ward 4

2

1

3

Portsmouth Ward 5

1

3

2

Randolph

1

2

3

Raymond

2

1

3

Richmond

3

2

1

Rindge

1

2

3

Rochester Ward 1

1

3

2

Rochester Ward 2

3

2

1

Rochester Ward 3

2

1

3

Rochester Ward 4

2

3

1

Rochester Ward 5

3

1

2

Rochester Ward 6

1

2

3

Rollinsford

3

1

2

Roxbury

3

1

2

Rumney

3

1

2

Rye

3

2

1

Salem

3

2

1

Salisbury

3

2

1

Sanbornton

1

2

3

Sandown

3

1

2

Sandwich

2

1

3

Sargent's Purchase

1

3

2

Seabrook

1

2

3

Second College Grant

3

2

1

Sharon

2

3

1

Shelburne

3

1

2

Somersworth Ward 1

1

2

3

Somersworth Ward 2

1

3

2

Somersworth Ward 3

2

1

3

Somersworth Ward 4

2

3

1

Somersworth Ward 5

3

2

1

South Hampton

3

1

2

Springfield

2

3

1

Stark

1

3

2

Stewartstown

3

1

2

Stoddard

1

2

3

Strafford

1

3

2

Stratford

3

1

2

Stratham

1

2

3

Success

2

1

3

Sugar Hill

2

3

1

Sullivan

1

2

3

Sunapee

3

1

2

Surry

3

1

2

Sutton

1

2

3

Swanzey

2

3

1

Tamworth

1

3

2

Temple

2

1

3

Thompson & Merserve's Purch.

1

2

3

Thornton

2

1

3

Tilton

3

2

1

Troy

1

3

2

Tuftonboro

3

1

2

Unity

1

2

3

Wakefield

2

1

3

Walpole

2

1

3

Warner

2

3

1

Warren

2

1

3

Washington

3

1

2

Waterville Valley

3

2

1

Weare

1

2

3

Webster

3

1

2

Wentworth

1

2

3

Wentworth's Location

3

2

1

Westmoreland

2

3

1

Whitefield

2

3

1

Wilmot

2

3

1

Wilton

2

3

1

Winchester

2

1

3

Windham

2

1

3

Windsor

3

1

2

Wolfeboro

1

3

2

Woodstock

3

1

2

330:10 Preparation of State General Election Voting Materials; Party Columns. Amend RSA 656:5 to read as follows:

656:5 Party Columns.

I. The names of all candidates nominated in accordance with the election laws shall be arranged upon the state general election ballot in successive party columns. Each separate column shall contain the names of the candidates of one party; except that, if only a part of a full list of candidates is nominated by a political party, 2 or more such lists may be arranged whenever practicable in the same column. The party columns that list the names of candidates for offices that elect more than one person shall stagger the names of the candidates so that they do not line up evenly in a horizontal direction. The left-most column shall begin one line below the column to its right. The secretary of state shall determine the vertical location of any additional columns that may appear on the ballot.

II.  The position of party columns shall be rotated on the ballots used so that each party column shall appear thereon, to the extent practicable, an approximately equal number of times in the first, last, and each intermediate column position across the state, without requiring more than one unique column order or ballot format for each town, ward, or unincorporated place.  Starting with the general election for 2012 and following each new apportionment of representative districts, but before the close of the period during which a person may accept the nomination of a party committee pursuant to RSA 655:32, the secretary of state shall develop as many generic column rotation plans for use in general elections as he or she might reasonably expect to be needed for different possible numbers of party columns on the general election ballot.  If the number of party columns expected on the general election ballot changes such that one or more additional generic column rotation plans are needed, the secretary of state shall, from time to time, prepare such additional plans as are needed for any general election.

III.  The generic column rotation plans shall be based on a reasonably balanced rotation of party columns within and across all non-floterial state representative districts, those being the smallest representative districts to which each voting place is apportioned pursuant to part I, article 11 of the New Hampshire constitution. Consideration shall also be given to reasonably minimize any obvious, substantial, and avoidable imbalances in column rotation within senate districts. The average deviation from equal rotation for the first party column position, measured across the state as a whole and based on population according to the last decennial federal census, shall be as close to 0 percent as is practicable but in no event greater than 1 percent. Once generic column rotation plans are established the secretary of state shall publish such plans to the department’s website.

IV. Immediately following the close of the period during which a person may accept the nomination of a party committee pursuant to RSA 655:32, the secretary of state or designee shall publicly select by lot the actual party columns to be positioned according to the generic column rotation plan established pursuant to paragraphs II and III.  No party shall be assigned the same generic party column designation for 2 consecutive general elections.

330:11 Contingency. Unless HB 1535-FN of the 2010 regular legislative session becomes law after the effective date of this section, section 2 of this act shall take effect upon its passage. If HB 1535-FN of the 2010 regular legislative session becomes law after the effective date of this section, section 2 of this act shall take effect at 12:01 a.m. on the effective date of section 11 of HB 1535-FN.

330:12 Election Fund. RSA 5:6-d, III is repealed and reenacted to read as follows:

III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of voting equipment which complies with Help America Vote Act of 2002, Public Law 107-252, election law enforcement, and improvements to related information technology, including acquisition and operation of an automated election management system. The secretary of state shall not expend any monies in the election fund unless the balance in the fund following such expenditures shall be at least 15 times the estimated annual cost of maintaining the programs established to comply with the Help America Vote Act of 2002, Public Law 107-252.

330:13 Contingency. If HB 1513-FN of the 2010 regular legislative session becomes law, section 12 of this act shall take effect at 12:01 a.m. on the effective date of HB 1513-FN and section 8 of this act shall not take effect. If HB 1513-FN of the 2010 regular legislative session does not become law, section 8 of this act shall take effect upon passage of this act and section 12 of this act shall not take effect.

330:14 Effective Date.

I. Section 2 of this act shall take effect as provided in section 11 of this act.

II. Section 10 of this act shall take effect January 1, 2011.

III. Section 12 of this act shall take effect as provided in section 13 of this act.

IV. The remainder of this act shall take effect upon its passage.

Approved: July 20, 2010

Effective Date: I. Section 2 shall take effect as provided in section 11.

II. Section 10 shall take effect January 1, 2011.

III. Section 12 shall take effect as provided in section 13.

IV. Remainder shall take effect July 20, 2012.