Revision: Feb. 15, 2019, 11:56 a.m.
HB 146 - AS AMENDED BY THE HOUSE
14Feb2019... 0049h
2019 SESSION
19-0081
11/05
HOUSE BILL 146
AN ACT relative to the counting of defective ballots.
SPONSORS: Rep. Belanger, Hills. 27; Rep. Beaulieu, Hills. 45; Sen. Gray, Dist 6
COMMITTEE: Municipal and County Government
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ANALYSIS
This bill modifies recount procedures for towns and village districts.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14Feb2019... 0049h 19-0081
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the counting of defective ballots.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Government of Town Meeting; Conduct of Voting; Secret Ballot Recounts. Amend RSA 40:4-a, II by inserting after subparagraph (b) the following new subparagraph:
(c) Prior to conducting any recount pursuant to this section, the moderator shall visually inspect all ballots to identify any that are marked in a way which does not readily admit of counting or that contain any immaterial addition, omission, or irregularity in the preparation or execution of the ballot. Any such ballot shall not be excluded from the recount if the intent of the voter can be readily ascertained by the moderator.
2 Government of Town Meeting; Conduct of Voting; Recount. Amend RSA 40:4-c, II to read as follows:
II. The recount shall be held at the time and place appointed, and the ballots shall be recounted by the board of recount in accordance with the procedures for recounts of town elections under RSA 669:30-33[.], except that prior to recounting cast ballots, the moderator shall visually inspect all ballots to identify any that are marked in a way which does not readily admit of counting or that contain any immaterial addition, omission, or irregularity in the preparation or execution of the ballot. Any such ballot shall not be excluded from the recount if the intent of the voter can be readily ascertained by the moderator.
3 Government of Town Meeting; Conduct of Voting; Declaration of Results. Amend RSA 40:4-d to read as follows:
40:4-d Declaration of Results. If, in the case of a recount of votes, it shall appear that the result of the vote on the question was other than as declared by the moderator, the board of recount shall declare the result found by it and shall, after [5] 10 days from such declaration, if no appeal is taken to the superior court, certify such declaration to the town clerk and said declaration shall be final, unless the result is changed upon appeal to the superior court.
4 Village Districts; Voting at District Meetings. Amend RSA 52:11-a to read as follows:
52:11-a Voting at District Meetings. Votes at district meetings shall be conducted according to the procedures established for town meetings in RSA 40:4-a[, 4-b,] through 4-f and 6.
5 Effective Date. This act shall take effect 60 days after its passage.