CHAPTER 134
HB 1163 - FINAL VERSION
15Mar2022... 0741h
12May2022... 1990EBA
2022 SESSION
22-2367
11/04
HOUSE BILL 1163
AN ACT relative to over voted ballots.
SPONSORS: Rep. Porter, Hills. 1; Rep. Berch, Ches. 1; Rep. Soti, Rock. 7; Rep. Ward, Rock. 28; Rep. Santonastaso, Ches. 14; Sen. Soucy, Dist 18
COMMITTEE: Election Law
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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 to be hand counted by election officials after the polls close. The bill also requires the number of over voted ballots, as well as the number of overvotes and undervotes, be included in the return for each election.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2022... 0741h
12May2022... 1990EBA 22-2367
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to over voted ballots.
Be it Enacted by the Senate and House of Representatives in General Court convened:
134:1 New Paragraph; Electronic Ballot Counting Devices; Rules; Over Voted Ballots. Amend RSA 656:42 by inserting after paragraph IX the following new paragraph:
X. The electronic ballot counting device shall be programmed to require that a ballot which contains more than the allowable number of votes for an office or ballot question on the ballot, known as an "over voted ballot", be returned to the election day voter by the device. The voter shall be instructed to place the ballot in an auxiliary compartment to be hand counted by election officials after the polls close. Over voted ballots of absentee voters shall be placed in the auxiliary compartment by the moderator or his or her appointee to be counted after the polls close.
134:2 New Subparagraphs; Elections; General Content of Returns; Over Voted Ballots. Amend RSA 659:73, IV by inserting after subparagraph (j) the following new subparagraphs:
(k) For each election, the number of over voted ballots.
(l) For each contest or ballot question, the number of overvotes and undervotes.
134:3 New Paragraph; Electronic Ballot Counting Devices; Rules; Over Voted Ballots. Amend RSA 656:42 by inserting after paragraph X the following new paragraph:
XI. The electronic ballot counting device shall be programmed to require that a ballot which contains more than the allowable number of votes for an office or ballot question on the ballot, known as an "over voted ballot", be returned to the election day voter by the device. The voter shall be instructed to place the ballot in an auxiliary compartment to be hand counted by election officials after the polls close. Over voted ballots of absentee voters shall be placed in the auxiliary compartment by the moderator or his or her appointee to be counted after the polls close.
134:4 Contingency. If HB 1157 of the 2022 regular legislative session becomes law, section 1 of this act shall not take effect and section 3 of this act shall take effect 30 days after its passage. If HB 1157 of the 2022 regular legislative session does not become law, section 1 of this bill shall take effect 30 days after its passage and section 3 of this act shall not take effect.
I. Sections 1 and 3 of this act shall take effect as provided in section 4 of this act.
II. The remainder of this act shall take effect 30 days after its passage.
Approved: June 07, 2022
Effective Date:
I. Section 1 and 3 effective as provided in section 4
II. Remainder effective July 7, 2022
| Date | Body | Type |
|---|---|---|
| Feb. 23, 2022 | House | Hearing |
| Feb. 23, 2022 | House | Hearing |
| Feb. 23, 2022 | House | Hearing |
| March 9, 2022 | House | Exec Session |
| March 9, 2022 | House | Exec Session |
| March 9, 2022 | House | Exec Session |
| House | Floor Vote | |
| April 18, 2022 | Senate | Hearing |
| April 28, 2022 | Senate | Floor Vote |
June 8, 2022: Signed by Governor Sununu 06/07/2022; Chapter 134; eff.I Sec 1 & 3 eff. as provided in Sec 4 II Rem eff 07/07/2022
May 27, 2022: Enrolled (in recess of) 05/26/2022 HJ 14
May 27, 2022: Enrolled Adopted, VV, (In recess 05/26/2022); SJ 13
May 19, 2022: Enrolled Bill Amendment # 2022-1990EBA: AA VV (in recess of) 05/12/2022 HJ 13
May 19, 2022: Enrolled Bill Amendment # 2022-1990e Adopted, VV, (In recess of 05/12/2022); SJ 13
May 19, 2022: Enrolled Bill Amendment # 2022-1990e Adopted, VV, (In recess of 05/12/2022); SJ 13
May 19, 2022: Enrolled Bill Amendment # 2022-1990-EBA: AA VV (in recess of) 05/12/2022
April 28, 2022: Ought to Pass: MA, VV; OT3rdg; 04/28/2022; SJ 10
April 20, 2022: Committee Report: Ought to Pass, 04/28/2022; Vote 5-0; CC; SC 17
April 6, 2022: Hearing: 04/18/2022, Room 100, SH, 01:00 pm; SC 15
March 22, 2022: Introduced 03/17/2022 and Referred to Election Law and Municipal Affairs; SJ 6
March 16, 2022: Amendment # 2022-0741h: AA VV 03/15/2022 HJ 6
March 15, 2022: Ought to Pass with Amendment 2022-0741h: MA VV 03/15/2022 HJ 6
March 16, 2022: Amendment # 2022-0741h: AA VV 03/15/2022 HJ 6
March 15, 2022: Ought to Pass with Amendment 2022-0741h: MA VV 03/15/2022 HJ 6
March 9, 2022: Committee Report: Ought to Pass with Amendment # 2022-0741h (Vote 19-1; CC)
March 9, 2022: Executive Session: 03/09/2022 10:00 a.m. LOB306-308
March 9, 2022: Executive Session: 03/09/2022 10:00 a.m. LOB306-308
March 9, 2022: Executive Session: 03/09/2022 10:00 a.m. LOB306-308
Feb. 19, 2022: Public Hearing on non-germane Amendment # 2022-0735h: 02/23/2022 10:00 am LOB 306-308
Feb. 23, 2022: Public Hearing: 02/23/2022 9:30 a.m. LOB306-308
Feb. 23, 2022: Public Hearing: 02/23/2022 9:30 a.m. LOB306-308
Nov. 17, 2021: Introduced 01/05/2022 and referred to Election Law
: To Be Introduced and referred to Election Law