CACR 26 - AS INTRODUCED
2024 SESSION
24-2583
10/08
CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION 26
RELATING TO: election reform and ballot reconciliation.
SPONSORS: Rep. McCarter, Belk. 8
COMMITTEE: Election Law
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ANALYSIS
This concurrent resolution proposing a constitutional amendment provides for comprehensive election reform to include provisions and penalties in regards to ballot reconciliation, access, retention, polling location limits, poll workers, allowance of registered voters for post-election ballot viewing, ballot lot and voting documentation viewing, and scanning and recording photographically during citizen audits.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type
24-2583
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT
RELATING TO: election reform and ballot reconciliation.
Be it Resolved by the House of Representatives, the Senate concurring, that the
Constitution of New Hampshire be amended as follows:
I. That the second part of the constitution shall be amended by inserting after article the following new article:
[Art.] 11-a. [Ballot Reconciliation.] In all elections held in this state, the following provisions shall apply:
I. All ballots shall be hand counted;
II. All ballots shall be serial-numbered;
III. All ballots shall have a dated, matching, serial-numbered perforated tab, the perforated serial number tab matching the ballot serial number, and including the poll location number, shall be retained by and for the voter's receipt of a casted ballot;
IV. Serial numbers from ballots shall be redeemable where such ballots are stored for a copy or copies of the voter's ballot for 60 months at the cost of one dollar per copy;
V. All ballots, including absentee ballots, shall be reconciled by the town moderator prior to election, and during the hand count, and be held in the same fashion during post-election, until the ballot lot retention time has expired;
VI. Municipalities shall not print or copy serial-numbered ballots, the secretary of state shall be authorized to provide perforated, serial-numbered ballots for all registered voters of each municipality;
VII. The secretary of the state shall track all serial-numbered absentee ballots, and paper ballots, pre-election/post-election, and publish his or her findings to the public once per annum in odd-numbered years;
VIII. The moderator and/or clerk shall complete a chain of custody log for all ballots pre-election/post-election. This log will require a dual signature sign off to be kept with the ballots for the required retention period;
IX. All election day sign off signatures shall not be redacted for any reason;
X. Any unused or voided ballots of each printed, serial numbered and designated lot shall be properly labeled and kept with all other ballots of the same printed, serial numbered and designated lot;
XI. All ballots shall be stored in a 24-hour, continuously electronically surveil led, secured, and locked, ballot storage area, accessed by only authorized election officials, or by registered voters accompanied by such authorized officials, beginning the day ending one week after the ballots are counted and declared, and thereafter, but by appointment, post-election;
XII. At midnight on election day, the election, whether State or Federal, ends;
XIII. When each poll is closed, ballot counting shall begin, and end only when completely finished, and with immediacy be declared, in the most precise, but speedy manner possible;
XIV. All ballots and any election records shall be retained in a secured specified location of the respective city or town for a period of 60 months, including times of recounts, and shall be accessible by appointment upon one week’s notice, to registered voters during the retention period while accompanied by a local election official for viewing or recording of said records;
XV. All original ballots of each printed, serial numbered and designated lot shall be retained with its printed lot, in whole, pre-election and post-election, and no original copy shall be separated or removed from the room or vault holding its printed, serial numbered and designated lot after counting and being stored, nor shall any original copy be removed from the ballot storage area, room or vault unless publicly memorialized and printed, first by the local government, and then by the secretary of state, during the 60 month retention period;
XVI. Any new ballot storage room, vault, or facility in any town, city, or place, and deemed secure and approved by the same, may only be filled with election ballots, ballot lots, documents, or pertaining materials, but shall only be deemed for usage of the next election's ballots, documentation or pertaining materials, after the next subsequent election. And any movement of prior stored election ballot lots, documentation or pertaining materials to a new ballot storage facility must be memorialized and publicly printed by the local government, and the projected move shall before-hand, be memorialized and publicly printed by the secretary of state;
XVII. Any original ballots of each printed, serial numbered and designated lot needed for judicial reasons, shall be done by copying original ballots and other retained election documentation; no originals shall for judicial reasons, be removed from said ballot storage room, vault or ballot storage facility until the 60 month retention date has expired;
XVIII. All towns, cities, and places through their moderators and clerks, shall administer any and all elections held in this state with complete honesty and transparency. In this regard; all moderators and clerks shall attend annual specific training to ensure complete compliance with the statewide election process policies and procedures in regard to ballot reconciliations.
XIX. Limit all polling locations to 5,000 lawful voters;
XX. Lawful voters from the current checklist are to be chosen at random to be poll workers;
XXI. At least 2 municipalities from each county, chosen at random by the secretary of state shall be audited after each election by citizens domiciled from that county, or a different county; or be granted egress from out of state as voter integrity experts, but upon request by a nonrefundable notice to the secretary of state by any New Hampshire citizen.
XXII. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2024.
XXIII. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2024 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2024 session of the general court shall be approved.
XXIV. That the wording of the question put to the qualified voters shall be:
“Are you in favor of amending the constitution by inserting the following new article ?
[Art.] 11-a. [Ballot Reconciliation.] In all elections held in this state, the following provisions shall apply:
I. All ballots shall be hand counted;
II. All ballots shall be serial-numbered;
III. All ballots shall have a dated, matching, serial-numbered perforated tab, the perforated serial number tab matching the ballot serial number, and including the poll location number, shall be retained by and for the voter's receipt of a casted ballot;
IV. Serial numbers from ballots shall be redeemable where such ballots are stored for a copy or copies of the voter's ballot for 60 months at the cost of one dollar per copy;
V. All ballots, including absentee ballots, shall be reconciled by the town moderator prior to election, and during the hand count, and be held in the same fashion during post-election, until the ballot lot retention time has expired;
VI. Municipalities shall not print or copy serial-numbered ballots, the secretary of state shall be authorized to provide perforated, serial-numbered ballots for all registered voters of each municipality;
VII. The secretary of the state shall track all serial-numbered absentee ballots, and paper ballots, pre-election/post-election, and publish his or her findings to the public once per annum in odd-numbered years;
VIII. The moderator and/or clerk shall complete a chain of custody log for all ballots pre-election/post-election. This log will require a dual signature sign off to be kept with the ballots for the required retention period;
IX. All election day sign off signatures shall not be redacted for any reason;
X. Any unused or voided ballots of each printed, serial numbered and designated lot shall be properly labeled and kept with all other ballots of the same printed, serial numbered and designated lot;
XI. All ballots shall be stored in a 24-hour, continuously electronically surveil led, secured, and locked, ballot storage area, accessed by only authorized election officials, or by registered voters accompanied by such authorized officials, beginning the day ending one week after the ballots are counted and declared, and thereafter, but by appointment, post-election;
XII. At midnight on election day, the election, whether State or Federal, ends;
XIII. When each poll is closed, ballot counting shall begin, and end only when completely finished, and with immediacy be declared, in the most precise, but speedy manner possible;
XIV. All ballots and any election records shall be retained in a secured specified location of the respective city or town for a period of 60 months, including times of recounts, and shall be accessible by appointment upon one week’s notice, to registered voters during the retention period while accompanied by a local election official for viewing or recording of said records;
XV. All original ballots of each printed, serial numbered and designated lot shall be retained with its printed lot, in whole, pre-election and post-election, and no original copy shall be separated or removed from the room or vault holding its printed, serial numbered and designated lot after counting and being stored, nor shall any original copy be removed from the ballot storage area, room or vault unless publicly memorialized and printed, first by the local government, and then by the secretary of state, during the 60 month retention period;
XVI. Any new ballot storage room, vault, or facility in any town, city, or place, and deemed secure and approved by the same, may only be filled with election ballots, ballot lots, documents, or pertaining materials, but shall only be deemed for usage of the next election's ballots, documentation or pertaining materials, after the next subsequent election. And any movement of prior stored election ballot lots, documentation or pertaining materials to a new ballot storage facility must be memorialized and publicly printed by the local government, and the projected move shall before-hand, be memorialized and publicly printed by the secretary of state;
XVII. Any original ballots of each printed, serial numbered and designated lot needed for judicial reasons, shall be done by copying original ballots and other retained election documentation; no originals shall for judicial reasons, be removed from said ballot storage room, vault or ballot storage facility until the 60 month retention date has expired;
XVIII. All towns, cities, and places through their moderators and clerks, shall administer any and all elections held in this state with complete honesty and transparency. In this regard; all moderators and clerks shall attend annual specific training to ensure complete compliance with the statewide election process policies and procedures in regard to ballot reconciliations.
XIX. Limit all polling locations to 5,000 lawful voters;
XX. Lawful voters from the current checklist are to be chosen at random to be poll workers;
XXI. At least 2 municipalities from each county, chosen at random by the secretary of state shall be audited after each election by citizens domiciled from that county, or a different county; or be granted egress from out of state as voter integrity experts, but upon request by a non-refusable notice to the secretary of state by any New Hampshire citizen.
XXII. That the secretary of state shall print the question to be submitted on a separate ballot with other constitutional questions or on the official ballot. The ballot containing the question shall include 2 ovals next to the question allowing the voter to vote “Yes” or “No.” If no oval is marked, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2024 General Court” shall be printed in bold type at the top of the ballot.
XXIII. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.
XXIV. Voters' Guide.
AT THE PRESENT TIME, The Constitution does not contain specific provisions for ballot procedures, security, and reconciliation.
IF THE AMENDMENT IS ADOPTED, The Constitution will contain specific provisions for ballot procedures, security, and reconciliation.
| Date | Body | Type |
|---|---|---|
| Feb. 13, 2024 | House | Hearing |
| Feb. 20, 2024 | House | Exec Session |
| Feb. 20, 2024 | House | Floor Vote |
March 21, 2024: Inexpedient to Legislate: MA VV 03/21/2024 HJ 9 P. 3
March 11, 2024: Committee Report: Inexpedient to Legislate 02/20/2024 (Vote 20-0; CC)
Feb. 14, 2024: Executive Session: 02/20/2024 02:00 pm LOB 306-308
Feb. 8, 2024: Public Hearing: 02/13/2024 09:00 am LOB 307
Dec. 19, 2023: Introduced 01/03/2024 and referred to Election Law HJ 1 P. 32