Revision: April 6, 2021, 12:02 p.m.
Rep. Porter, Hills. 1
April 5, 2021
2021-1101h
11/05
Floor Amendment to HB 491
Amend the bill by replacing section 1 with the following:
1 New Paragraph; Electronic Ballot Counting Devices; Rules; Over Voted Ballots. Amend RSA 656:42 by inserting after paragraph IX the following new paragraph:
X. To comply with section 301(a) of the Help America Vote Act of 2002, Public Law 107-252 and RSA 659:64, programming the electronic ballot counting device shall require that a ballot which contains more than the allowable number of votes for an office on the ballot, known as an "over voted ballot", be returned to the election day voter for possible correction before the ballot is counted. The secretary of state shall establish protocols for local election officials to ensure that voters have the opportunity, in a private and independent manner, to change the ballot or correct any error before the ballot is counted, including the opportunity to correct the error through the issuance of a replacement ballot. Ballots of absentee voters and those who choose not to correct or replace the ballot shall be placed in an auxiliary compartment and counted by election officials.
2021-1101h
AMENDED ANALYSIS
This bill requires that ballots which contain more than the allowable number of votes for an office on the ballot be returned to the voter for possible correction before the ballot is counted. This bill also requires the number of over voted ballots be included in the return for each election that includes a federal office.