Bill Text - HB1543 (2014)

(New Title) relative to filing for state representative special elections and relative to processing absentee ballots.


Revision: March 27, 2014, midnight

HB 1543 – AS AMENDED BY THE HOUSE

5Mar2014… 0117h

2014 SESSION

14-2504

03/06

HOUSE BILL 1543

AN ACT relative to filing for state representative special elections and relative to processing absentee ballots.

SPONSORS: Rep. Levesque, Hills 26; Rep. J. Belanger, Hills 27; Rep. Fields, Belk 4; Rep.?Perry, Straf 3; Sen. Gilmour, Dist 12

COMMITTEE: Election Law

AMENDED ANALYSIS

This bill clarifies the filing period for state representative special elections. This bill also eliminates certain restrictions relating to when absentee ballots may be processed.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5Mar2014… 0117h

14-2504

03/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to filing for state representative special elections and relative to processing absentee ballots.

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

1 Vacancy; 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 56 days prior to the date of the city’s primary election. [The filing period shall be held not more than 50 days nor less than 43 days prior to the primary election.] 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. The provisions of RSA 655:81, III, VI, VII, VIII, IX, X, and XI shall apply to elections held pursuant to this paragraph.

2 Processing Absentee Ballots. Amend RSA 659:49 to read as follows:

659:49 Processing Absentee Ballots.

[I.] Processing of previously received absentee ballots shall not begin [at 1:00 p.m.] earlier than 2 hours after the opening of the polls. When the polls open, the moderator shall post in a conspicuous place and announce the time at which the processing of absentee ballots shall begin. The processing of the absentee ballots shall not unnecessarily interfere with normal voting procedures, nor shall the polls be closed [at any time during the] for the purpose of processing of such ballots. Absentee ballots which are received after [1:00 p.m.] the polls open and prior to 5:00 p.m. [shall] may be processed as soon after receipt as possible. Under no circumstances shall absentee [ballots] ballot votes be counted prior to the closing of the polls.

[II. Notwithstanding the provisions of paragraph I, upon the written challenges of 10 or more voters who are present at the polls no later than 1:00 p.m., the moderator shall postpone the processing of all absentee ballots until after the polls close and prior to the counting of all ballots cast in the election.]

3 Repeal. RSA 659:46, relative to delivery of absentee ballots to moderator, is repealed.

4 Effective Date. This act shall take effect 60 days after its passage.