HB 1214 - AS INTRODUCED
2020 SESSION
20-2368
11/03
HOUSE BILL 1214
SPONSORS: Rep. Abramson, Rock. 20
COMMITTEE: Election Law
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ANALYSIS
This bill permits certain political organizations to appear on a general election ballot after holding a nominating convention.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2368
11/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Nomination by Nominating Convention. Amend RSA 655 by inserting after section 45 the following new subdivision:
Nomination by Nominating Convention
655:45-a General Provisions. As an alternative to nomination by party primary or by nomination papers, a candidate may have his or her name placed on the ballot for the state general election through a political organization nominating convention in accordance with this subdivision.
655:45-b Nomination of Organization. A political organization that did not win more than 4 percent of the vote in a statewide race in the preceding general election may have its candidates placed on the ballot for an election by submitting, at least one month prior to the date of such election and after holding a nominating convention pursuant to rules adopted by the organization and in substantial accordance with RSA 667:21, a list of candidates it wishes to place on the ballot in such election, provided that the organization has obtained the minimum number of registrations in a primary election pursuant to RSA 655:45-d. The chairman of any such political organization shall also file a declaration of intent, as provided in RSA 655:45-c at least one month prior to the date of the state primary election.
655:45-c Declaration of Intent; Political Organization.
I. Declarations of intent for political organizations shall be in the following form and signed by the chairman of the political organization:
I, ____________________, chairman of the ___________________ organization hereby declare that the ______________ organization intends to seek placement on the ballot by nominating convention in accordance with RSA 655:45-b.
II. At the time of filing the declaration of intent, the chairman of the political organization shall submit a list of the offices for which it intends to file candidates and the names of the candidates for those offices. In addition, each candidate shall file a declaration of candidacy. The declaration of candidacy shall be in the form provided by RSA 655:45-f. If the political organization is not certified in accordance with RSA 655:45-d, any declarations of candidacy filed for that political organization shall be void.
655:45-d State Primary Election; Certification.
I. Upon closing of the polls at a state primary election, the secretary of state shall count the total number of voters in the state who are affiliated with any political organization seeking placement on the general election ballot pursuant to this subdivision.
II. If, upon completion of that state primary election, at least 500 voters throughout the state have declared affiliation with any one political organization seeking placement on the general election ballot pursuant to this subdivision, the secretary of state shall include that political organization’s list of candidates on the ballot for the immediately following general election.
655:45-e Nominating Convention; Restrictions.
I. No candidate who intends to run for any state or federal office in the state general election pursuant to this subdivision shall have his or her name placed on the ballot unless the candidate files a declaration of candidacy, as provided in RSA 655:45-f, before the closing of polls during the state primary election. Any person who files on the last day of the filing period must do so in person before the secretary of state.
II. No candidate who filed as a candidate in the state primary election shall be eligible to have his or her name placed on the ballot for the state general election as provided in this subdivision.
III. No candidate shall be placed on the ballot at the state general election pursuant to this subdivision unless the candidate shall have met the age and domicile requirements for the office he or she seeks at the time of the general election and meets all the other qualifications at the time of filing; and if a candidate for the office of governor, executive councilor, state senator, or state representative, unless the candidate shall file an affidavit of qualifications as provided in RSA 655:28 and 655:29; and if a candidate for United States senator or United States representative, unless the candidate shall meet the qualifications for office under RSA 655:3 and RSA 655:4.
655:45-f Declaration of Candidacy; Nominating Convention. Declarations of candidacy for candidates seeking placement on the ballot at a state general election pursuant to this subdivision shall be in the following form and signed by the candidate:
I, ________________, declare that I am domiciled in Ward ____, in the city (or town or unincorporated place) of ___________________, county of ___________________, state of New Hampshire, and am a registered voter herein; that I am a registered member of the ______________ party; that I am a candidate for the office of ___________________ to be chosen at the general election to be held on the ___________ day of ______________. I further declare that, if qualified as a candidate for said office, I shall not withdraw; and that, if elected, I shall be qualified for and shall assume the duties of said office. If I have been convicted of a felony, I declare that I have completed my sentence as required in RSA 607-A:2.
655:45-g Vacancies Among Nominating Convention Candidates. If a political organization seeking to have its candidates placed on the ballot at a general or special election pursuant to this subdivision is unable to provide a candidate for office at the time it submits its list of candidates pursuant to RSA 655:45-b, such political organization may notify the secretary of state of a person it designates to fill the vacancy provided it does so at least 2 weeks prior to the general election. Any person so designated may accept the nomination by filing with a secretary of state a declaration of candidacy pursuant to RSA 655:45-f at least one week prior to the date of the election. Any candidate who accepts a designation under this section who is already a candidate for an incompatible office as defined in RSA 655:10 shall withdraw the prior filing. Any vacancy created by the withdrawal of a filing may be filled pursuant to this section. If the candidate is designated for the office of governor, council, state senator, or state representative, he or she shall also file, at least one week prior to the date of the election, the appropriate affidavit as provided in RSA 655:29. Any candidate so designated who has not filed all the forms required by this section within the required period of time shall not have his or her name printed on the state general election ballot for that office.
2 Effective Date. This act shall take effect 60 days after its passage.
| Date | Body | Type |
|---|---|---|
| Jan. 14, 2020 | House | Hearing |
| Feb. 5, 2020 | House | Exec Session |
| House | Floor Vote | |
| Feb. 19, 2020 | House | Floor Vote |
Feb. 19, 2020: Inexpedient to Legislate: MA VV 02/19/2020 HJ 4 P. 9
: Committee Report: Inexpedient to Legislate (Vote 18-0; CC)
Feb. 19, 2020: Committee Report: Inexpedient to Legislate for 02/19/2020 (Vote 18-0; CC) HC 7 P. 5
Feb. 5, 2020: Executive Session: 02/05/2020 11:00 am LOB 308
Jan. 14, 2020: Public Hearing: 01/14/2020 10:00 am LOB 308
Jan. 8, 2020: Introduced 01/08/2020 and referred to Election Law HJ 1 P. 13