Bill Details - HB242 (2019)

HB 242 - AS INTRODUCED

 

 

2019 SESSION

19-0247

11/04

 

HOUSE BILL 242

 

AN ACT relative to special elections.

 

SPONSORS: Rep. J. Schmidt, Hills. 28; Rep. Klee, Hills. 30

 

COMMITTEE: Election Law

 

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ANALYSIS

 

This bill clarifies the procedure used to fill vacancies in the office of state representative.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0247

11/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to special elections.

 

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

 

1  Vacancies Among Public Officers Elected at State Elections; State Representative.  Amend RSA 661:8, II-IV to read as follows:

II.  If a vacancy occurs in the office of state representative [from a single town or ward district,] 155 days or more before March 15 of the second year of the biennium, the office of the town manager or mayor shall notify the governor within 10 days, and the vacancy [may] shall be filled by a special election following the provisions of RSA 655:81 and RSA 655:82 in the same manner as a state general election is held.  [In a multi-town or multi-ward district, a vacancy in the office of state representative shall be filled following the provisions of RSA 655:81 and RSA 655:82 by a special election if the selectmen of any town or the city for any ward in said district so request of the governor or council.]

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 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.

IV.  Within 21 days after proof of a vacancy[ or a request that a vacancy be filled], the governor, in the case of an executive council vacancy, or the governor and council, in the case of any other vacancy, shall declare that there shall be a special election which shall be held as provided in RSA 655:81 and 82 or as provided in RSA 661:8, III.

2  Elections; Nominations for Special State Elections.  Amend RSA 655:81, I to read as follows:

I.  The special election shall be held on a Tuesday not less than 110 nor more than 124 days following the day that the governor and council [declare that there shall be a special election;] are notified of a vacancy; provided, however, that if one or more municipalities where a special election for state representative will be held have a regularly-scheduled election occurring between 80 and 180 days following the day that the governor and council [declare] are notified that there shall be a special election, the governor and council shall set the date of the election to coincide with the regularly-scheduled election if a majority of the towns or wards, as represented by the city, jointly request that day; if towns or wards, as represented by the city, request that the special election coincide with regularly-scheduled elections occurring on different dates, the election shall be held on a Tuesday not less than 110 nor more than 124 days following the day that the governor and council declare that there shall be a special election; and

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. 42
Jan. 15, 2019 Public Hearing: 01/15/2019 10:30 am LOB308
Jan. 22, 2019 Subcommittee Work Session: 01/22/2019 02:00 pm LOB 308
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 HJ 5 P. 10

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

HB242 Revision: 4425 Date: Dec. 27, 2018, 3:27 p.m.