Bill Details - HB147 (2019)

HB 147 - AS INTRODUCED

 

 

2019 SESSION

19-0082

11/06

 

HOUSE BILL 147

 

AN ACT relative to appeals from recounts.

 

SPONSORS: Rep. Belanger, Hills. 27; Rep. McGhee, Hills. 40; Rep. St. John, Hills. 27; Rep. Beaulieu, Hills. 45

 

COMMITTEE: Election Law

 

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ANALYSIS

 

This bill increases the time frame within which an aggrieved person may appeal an election recount.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0082

11/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to appeals from recounts.

 

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

 

1  Appeals from Recounts.  Amend RSA 665:8, I and II to read as follows:

I.  In case of a primary recount as provided in RSA 660:7-9-a, any person voted for upon the ballot of any party who, by declaration of the secretary of state upon recount, was not chosen as the candidate of such party may, within [3] 5 days after said declaration, appeal therefrom to the ballot law commission by filing a written appeal with the secretary of state.  The secretary of state shall forthwith notify the ballot law commission of the filing.  The ballot law commission shall then meet as provided in RSA 665:5 in order to hear and decide the appeal and shall, on the appeal, consider and review all the rulings of the secretary of state on ballots protested during the recount.  In no case may the ballot law commission order a second recount.  If, after the review, it shall appear that the appellant was nominated, the commission shall change the declaration of the secretary of state and issue a certificate of nomination to the appellant.  The decision of the ballot law commission in such cases shall be final as to questions both of law and fact, and no court shall have jurisdiction to review such decision.  The jurisdiction vested in the commission under this paragraph shall be exclusive of all other remedies.

II.  In case of an election recount as provided in RSA 660:1-6, any candidate who, by declaration of the secretary of state upon recount, did not have the greatest number of votes may, within [3] 5 days after said declaration, appeal therefrom to the ballot law commission by filing his written appeal with the secretary of state.  The ballot law commission shall forthwith meet, hear, and decide such appeal and shall, on such appeal, consider and review all the rulings of the secretary of state on ballots protested during the recount.  In no case may the ballot law commission order a second recount.  If, after the review, it shall appear that the appellant had the greatest number of votes, the commission shall change the declaration of the secretary of state and issue a certificate of such changed declaration to the appellant.  The decision of the ballot law commission under this paragraph shall be subject to appeal as provided in RSA 665:16.  The jurisdiction vested in the commission under this paragraph shall be exclusive of all other remedies.  Nothing contained in this paragraph shall be construed to bar any person from recourse to the superior court on other questions, within the jurisdiction of such court, relating to the legality or regularity of general elections or the results thereof.

2  Appeal From Recount.  Amend RSA 669:35 to read as follows:

669:35  Appeal From Recount.  Any person aggrieved by a ruling of the board of recount with respect to any ballot may, within [5] 10 days thereafter, appeal to the superior court for the county in which such town is located; and such court shall have jurisdiction in equity to hear and determine the question presented.  The person shall also file a copy of the appeal with the town clerk by 5:00 p.m. on the [fifth] tenth day following the date of the recount.

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

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Election Law HJ 2 P. 39
Jan. 15, 2019 Public Hearing: 01/15/2019 01:30 pm LOB308
Feb. 5, 2019 Executive Session: 02/05/2019 10:00 am LOB 308
Committee Report: Inexpedient to Legislate (Vote 19-0; CC)
Feb. 14, 2019 Committee Report: Inexpedient to Legislate for 02/14/2019 (Vote 19-0; CC) HC 11 P. 4
Feb. 14, 2019 Inexpedient to Legislate: MA VV 02/14/2019

Action Dates

Date Body Type
Jan. 15, 2019 House Hearing
Feb. 5, 2019 House Exec Session
House Floor Vote
Feb. 14, 2019 House Floor Vote

Bill Text Revisions

HB147 Revision: 4376 Date: Dec. 26, 2018, 4:06 p.m.