HB 1539-FN - AS INTRODUCED
2016 SESSION
\t16-2423
\t03/05
HOUSE BILL\t1539-FN
AN ACT\trelative to procedures for resolving ties in legislative races.
SPONSORS:\tRep. Cushing, Rock. 21; Rep. Saunderson, Merr. 9; Rep. McConnell, Ches. 12
COMMITTEE:\tElection Law
-----------------------------------------------------------------
ANALYSIS
\tThis bill establishes a run-off election process following ties in state legislative races.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2423
\t03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to procedures for resolving ties in legislative races.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Resolution of Ties; State Offices in State General Elections. Amend RSA 660:24 to read as follows:
\t 660:24 State Offices in State General Elections.
\t\tI. If the candidates having the highest number of votes for the office of governor[,] or councilor[, state senator, or state representative] shall have an equal number, the choice shall be made as provided in the state constitution. Such candidate chosen shall then be declared duly elected.
\t\tII. If the candidates having the highest number of votes for the office of state senator or state representative shall have an equal number, the secretary of state shall conduct a recount in accordance with RSA 660:4 and RSA 660:5 without cost to any candidate. If the candidates have an equal number of votes after the recount, and neither candidate appeals to the ballot law commission or the ballot law commission is unable to declare a winner, the governor and council shall schedule a run-off election on a Tuesday not more than 30 days following the recount, which shall be conducted in the same manner as a special election except that only the names of those candidates who received the highest number of votes shall appear on the ballot. If a run-off election results in another tie, a senator shall be selected as provided in part 2, article 34 of the state constitution, and a state representative shall be selected by holding further run-off elections until a winner is declared.
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2423
\t\t\t\t\t\t\t\t\t\t\t11/23/15
HB 1539-FN- FISCAL NOTE
AN ACT\trelative to procedures for resolving ties in legislative races.
FISCAL IMPACT:
The Department of State and New Hampshire Municipal Association state this bill, as introduced, may increase state and local expenditures by indeterminable amounts in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue or county expenditures.
METHODOLOGY:
The Department of State and New Hampshire Municipal Association state this bill requires a runoff election in the event a tie vote still exists after a recount for a state senate or state representative. The state and local costs for conducting a recount are dependent on the size of the legislative district and the frequency of ties still existing after recounts. Runoff elections would typically occur during odd-numbered election years but could occur in the event there was a tie vote in an off-year special election. The New Hampshire Municipal Association states local special election costs can range from a few hundred dollars to several thousand dollars.