CHAPTER 2
SB 43 - FINAL VERSION
02/18/2021 0432s
7Apr2021... 0780h
2021 SESSION
21-0405
11/08
SENATE BILL 43
AN ACT authorizing an audit of the Rockingham County district 7 state representative race.
SPONSORS: Sen. Gannon, Dist 23; Sen. Avard, Dist 12; Sen. Bradley, Dist 3; Sen. Ricciardi, Dist 9; Sen. Giuda, Dist 2; Rep. Piemonte, Rock. 4; Rep. Baldasaro, Rock. 5; Rep. Welch, Rock. 13
COMMITTEE: Election Law and Municipal Affairs
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AMENDED ANALYSIS
This bill authorizes an audit of the Rockingham County district 7 state representative race.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/18/2021 0432s
7Apr2021... 0780h 21-0405
11/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT authorizing an audit of the Rockingham County district 7 state representative race.
Be it Enacted by the Senate and House of Representatives in General Court convened:
2:1 Purpose. Notwithstanding any provisions of law to the contrary, this act authorizes and directs an audit of the ballot counting machines and their memory cards and the hand tabulations of ballots regarding the general election on November 3, 2020 in Windham, New Hampshire of Rockingham County district 7 house of representatives for the purpose of determining the accuracy of the ballot counting devices, the process of hand tallying, and the process of vote tabulation and certification of races.
2:2 Forensic Election Audit Team. A forensic election audit team shall be formed to complete the audit described in section 3 and it shall be comprised of:
I. One person designated by town of Windham.
II. One person designated jointly by the offices of secretary of state and attorney general.
III. One person selected jointly by the designee of the town and the designee of the secretary of state and attorney general.
I. The audit process shall be determined by the forensic election audit team formed pursuant to section 2, such that there is a determination as to whether the machine counting devices and memory cards functioned properly on November 3, 2020, and whether the number of ballots tallied by hand in Windham and those tallied by hand by the secretary of state during the recount on November 12, 2020 were the same as the number of ballots cast.
II. At a minimum the audit process referenced in paragraph 1 shall include the following:
(a) All ballots shall be run through all the ballot counting machines used by the town of Windham on November 3, 2020.
(b) Determine the total ballots cast, the total ballots counted, and total ballots received from the secretary of state.
(c) A hand tallying of all ballots cast in Windham in the Rockingham County district 7 state representative race, the race for governor, and the race for United States senator.
III. The audit shall occur at a location other than in the town of Windham and other than the customary places the secretary of state conducts recounts. The audit shall be live-streamed and recorded. The facility chosen for the audit shall be sufficient to ensure live-streaming of the audit, access for members of the public, security for the audit process, and overnight storage of the machines and materials. Public access to the audit shall be granted in equal numbers to observe, as is deemed appropriate by the fire marshal for the space under federal, state, and local laws and regulations, including health and safety regulations, to the following 3 groups: Windham designees; designees of the secretary of state and attorney general; and members of the public. The select board of the town of Windham shall select the Windham designees, the secretary of state shall determine a method for selecting the members of the public.
IV. Windham shall be responsible for transport of the machine counting devices used in the general election on November 3, 2020 to the audit location and for the return of the devices to Windham upon completion of the audit. The secretary of state and attorney general shall be responsible for the transport of the ballots to the audit location and for the return of the ballots to their storage site. The secretary of state and attorney general shall also be responsible for arranging the security at the location where the audit occurs.
V. The secretary of state, attorney general, and the town of Windham shall provide the election audit team whatever information or documentation the auditors require to perform the audit.
2:4 Forensic Election Audit Team; Report Required. Within 45 days of the conclusion of the audit, the forensic election audit team shall produce a report which shall include, but not be limited to, a finding as to whether the ballot counting machines and memory cards accurately counted the ballots subject to the audit, whether hand tabulation procedures followed by the town of Windham at the general election and hand tabulation procedures followed by the secretary of state at the recount may have contributed to variances reported at the recount done for the Rockingham County district 7 house of representatives race in Windham, and recommendations as to what improvements to the machine processing and tabulation processes might be considered in the future. The report shall be provided to the secretary of state, the town of Windham, and the ballot law commission. The report shall be made available to the public forthwith.
2:5 Report Required; Secretary of State and Attorney General. Within 45 days of receipt of the forensic election audit team's report required pursuant to section 4, the attorney general and secretary of state shall issue a report to the speaker of the house of representatives, president of the senate, and the select board of the town of Windham as to results of the audit and any resulting recommendations.
2:6 Report Required; Ballot Law Commission. Within 45 days after receipt of the forensic election audit team's report the ballot law commission shall, in accordance with RSA 656:41, issue a report as to the performance of the ballot counting devices.
2:7 Authority to Unseal Ballot Boxes. The secretary of state and attorney general shall have authority to unseal the ballot boxes in order to conduct the audit. The ballots shall be boxed and sealed after the audit in accordance with the procedures of RSA 659:95.
2:8 Affirmation of Ballot Law Commission Ruling. The results of the audit shall not alter the official results of the Rockingham County district 7 house of representatives race as determined by the ruling of the ballot law commission on November 25, 2020, upholding the recount of that race.
2:9 Deadline. The forensic election audit shall be completed within 45 days of the effective date of this act.
2:10 Effective Date. This act shall be effective upon its passage.
Approved: April 12, 2021
Effective Date: April 12, 2021
| Date | Body | Type |
|---|---|---|
| Jan. 21, 2021 | Senate | Hearing |
| Feb. 11, 2021 | Senate | Floor Vote |
| March 5, 2021 | House | Hearing |
| March 8, 2021 | House | Exec Session |
| March 10, 2021 | House | Exec Session |
| House | Floor Vote | |
| Jan. 21, 2021 | Senate | Hearing |
| Feb. 11, 2021 | Senate | Floor Vote |
| March 10, 2021 | House | Exec Session |
April 12, 2021: Signed by the Governor on 04/12/2021; Chapter 0002; Effective 04/12/2021
April 13, 2021: Signed by the Governor on 04/12/2021; Chapter 0002; Effective 04/12/2021
April 8, 2021: Enrolled RC 24Y-0N, MA, (In recess of 04/08/2021); SJ 12
April 12, 2021: Enrolled RC 24Y-0N, MA, (In recess of 04/08/2021); SJ 12
April 12, 2021: Enrolled (in recess of) 04/09/2021 HJ 7 P. 99
April 9, 2021: Enrolled (in recess of) 04/09/2021 HJ 7 P. 99
April 8, 2021: Sen. Gray Moved to Concur with the House Amendment, RC 24Y-0N, MA; 04/08/2021; SJ 11
April 8, 2021: Sen. Gray Moved to Concur with the House Amendment, RC 24Y-0N, MA; 04/08/2021; SJ 11
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Ought to Pass with Amendment 2021-0780h: MA VV 04/07/2021 HJ 5 P. 12
April 7, 2021: Ought to Pass with Amendment 2021-0780h: MA VV 04/07/2021 HJ 5 P. 12
April 7, 2021: Amendment # 2021-0780h: AA VV 04/07/2021 HJ 5 P. 12
April 7, 2021: Amendment # 2021-0780h: AA VV 04/07/2021 HJ 5 P. 12
: Committee Report: Ought to Pass with Amendment # 2021-0780h (Vote 20-0; CC) HC 18 P. 10
March 25, 2021: Committee Report: Ought to Pass with Amendment # 2021-0780h (Vote 20-0; CC) HC 18 P. 10
March 3, 2021: ==CONTINUED== Executive Session: 03/10/2021 10:20 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/95087806399 (if necessary)
March 10, 2021: ==CONTINUED== Executive Session: 03/10/2021 10:20 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/95087806399 (if necessary)
March 8, 2021: Executive Session: 03/08/2021 01:00 pm Please click the link below to join the webinar: To join the webinar: https://zoom.us/j/91394352757
March 5, 2021: Public Hearing: 03/05/2021 10:30 am Please click the link below to join the webinar: https://zoom.us/j/99327579520 Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Election Law HJ 2
Feb. 18, 2021: Introduced (in recess of) 01/06/2021 and referred to Election Law HJ 2
Feb. 18, 2021: Ought to Pass with Amendment 2021-0432s, RC 24Y-0N, MA; OT3rdg; 02/18/2021; SJ 5
Feb. 18, 2021: Ought to Pass with Amendment 2021-0432s, RC 24Y-0N, MA; OT3rdg; 02/18/2021; SJ 5
Feb. 18, 2021: Ought to Pass with Amendment 2021-0432s, RC 24Y-0N, MA; OT3rdg; 02/18/2021; SJ 5
Feb. 18, 2021: Sen. Giuda Floor Amendment # 2021-0432s, RC 24Y-0N, AA; 02/18/2021; SJ 5
Feb. 18, 2021: Sen. Giuda Floor Amendment # 2021-0432s, RC 24Y-0N, AA; 02/18/2021; SJ 5
Feb. 18, 2021: Sen. Gray Moved Ought to Pass; 02/18/2021; SJ 5
Feb. 18, 2021: Sen. Gray Moved Ought to Pass; 02/18/2021; SJ 5
Feb. 18, 2021: Inexpedient to Legislate, RC 0Y-24N, MF; 02/18/2021; SJ 5
Feb. 18, 2021: Inexpedient to Legislate, RC 0Y-24N, MF; 02/18/2021; SJ 5
Feb. 18, 2021: Sen. Gray Moved to Remove From Table, RC 24Y-0N, MA; 02/18/2021; SJ 5
Feb. 18, 2021: Sen. Gray Moved to Remove From Table, RC 24Y-0N, MA; 02/18/2021; SJ 5
Feb. 11, 2021: Pending Motion Inexpedient to Legislate; 02/11/2021; SJ 4
Feb. 11, 2021: Pending Motion Inexpedient to Legislate; 02/11/2021; SJ 4
Feb. 11, 2021: Sen. Gray Moved Laid on Table, RC 14Y-10N, MA; 02/11/2021; SJ 4
Feb. 11, 2021: Sen. Gray Moved Laid on Table, RC 14Y-10N, MA; 02/11/2021; SJ 4
Feb. 11, 2021: Sen. Gannon Moved to Remove SB 43 from the Consent Calendar; 02/11/2021; SJ 4
Feb. 11, 2021: Sen. Gannon Moved to Remove SB 43 from the Consent Calendar; 02/11/2021; SJ 4
Feb. 11, 2021: Ought to Pass: RC 23-1, MA; OT3rdg; 02/11/2021; SJ 4
Feb. 11, 2021: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 02/11/2021; SC 10
Feb. 3, 2021: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 02/11/2021; SC 10
Jan. 13, 2021: Remote Hearing: 01/21/2021, 09:35 am; Links to join the hearing can be found in the Senate Calendar; SC 7
Jan. 21, 2021: Remote Hearing: 01/21/2021, 09:35 am; Links to join the hearing can be found in the Senate Calendar; SC 7
Jan. 6, 2021: Introduced 01/06/2021 and Referred to Election Law and Municipal Affairs; SJ 3
Jan. 13, 2021: Introduced 01/06/2021 and Referred to Election Law and Municipal Affairs; SJ 3