SB43 (2021) Detail

(New Title) authorizing an audit of the Rockingham County district 7 state representative race.


SB 43 - AS AMENDED BY THE SENATE

 

02/18/2021   0432s

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

1  Findings.  Rockingham County district 7 state representative election night results and the results of a state recount declared the same candidates elected.  On appeal, the recount was upheld by the ballot law commission.  Those results were certified to the New Hampshire house of representatives.  The house of representatives have seated those winners of the election.  The election results are therefore final; however, questions have been raised regarding the variance between the election night results and the recount results.  This act authorizes an audit which will respond to those questions.

2  Applicability.  This act is limited to authorizing an audit of the Rockingham County state representative district 7 race from the November 3, 2020 general election.

3  Audit Authorized.

I.  Notwithstanding any provisions of law to the contrary, the secretary of state and attorney general are authorized to conduct an audit of the Rockingham county district 7 state representative race using the ballots cast on November 3, 2020, in Windham, New Hampshire.  The audit shall include hand counting 4 separate sets of ballots from the Rockingham county district 7 state representative race.  To allow for a direct comparison of the results from the 2 systems for counting, the audit hand count shall include all counts done by the ballot counting device, including votes cast for candidates on the ballot, write-in votes, and blanks or undervotes.  The same sets of ballots shall be counted using a different ballot counting device for each set.  The audit shall use the 4 ballot counting devices used by the town of Windham on November 3, 2020.  The audit shall compare the results from each device to the results from hand counting the same set of ballots.  The secretary of state and attorney general shall determine, in their discretion, the manner and process for conducting the audit.

II.  The audit shall be a test of the ballot counting devices, not a recount of the results of the election.  The results of this audit shall not alter the official results of the Rockingham County district 7 state representative race as determined by the ballot law commission ruling on November 25, 2020, upholding the recount of that race.

III.  The audit shall be conducted in public and shall be live streamed.  The methodology and results of the audit shall be made public.

IV.  The secretary of state and the attorney general shall issue a report to the ballot law commission with a conclusion regarding whether the ballot counting devices accurately counted the sets of ballots audited.  After receiving the report and pursuant to its authority under RSA 656:41, the ballot law commission shall make a determination as to whether the ballot counting device in use requires upgrading.

V.  The secretary of state and attorney general are granted authority to unseal the ballot boxes from the town of Windham's November 3, 2020 general election in order to conduct the audit.

4  Effective Date.  This act shall take effect upon its passage.

Links

SB43 at GenCourtMobile
SB43 Discussion

Action Dates

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

Bill Text Revisions

SB43 Revision: 32115 Date: Feb. 18, 2021, 3:54 p.m.
SB43 Revision: 31922 Date: Jan. 13, 2021, 8:49 a.m.

Docket


March 10, 2021: 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: 1. 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


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. 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: 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: 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: 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


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