Revision: April 3, 2024, 3:21 p.m.
Rep. D. McGuire, Merr. 14
March 27, 2024
2024-1347h
08/06
Amendment to HB 1577-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Electronic Digital Images of Ballots. RSA 656:42, IX is repealed and reenacted to read as follows:
IX. Any electronic digital image of a marked ballot made by a ballot counting device stored on a removable memory device shall be available for public inspection as provided in this section. This shall include the record of how the ballot counting device recorded the votes on each ballot.
(a) One or more voters, registered in New Hampshire, may examine the digital images of ballots created on an electronic ballot counting device that uses digital image technology.
(b) Notwithstanding any exemptions to RSA 91-A limiting access to ballot images, such images shall be available to voters registered in New Hampshire as provided in this paragraph.
(c) The purpose of examining such digital images is to allow for verifying the accuracy of the device and to check for evidence that the device may have programming errors, tampering or malicious programming installed and thus providing reassurance to all the voters of the integrity of the devices used to tabulate election votes.
(d) The town or city clerk shall provide a copy of the digital images of ballots found on the removable memory device that contains the digital ballot images to any voter registered in New Hampshire who requests such copy. Each town or city clerk may charge a reasonable fee to cover the cost of making a copy of the removable memory device that contains the digital ballot images to satisfy such request.
(e) Access to ballot images shall not be available to voters registered in New Hampshire until after all recounts and any subsequent appeals are completed. Access to ballot images shall be available to those persons involved in appeals of election recounts or audits.
(f) Any voters registered in New Hampshire that obtain a copy of a memory device containing digital that examine ballot images shall have standing to provide a report to the ballot law commission and request an investigation by the attorney general of discrepancies they find. Any request for an investigation and the results of any such investigation shall be made public.
(1) Such investigations shall not result in the overturning of an election unless directed by a court of competent jurisdiction.
(2) As a result of an investigation of the attorney general, the ballot law commission may disqualify that electronic ballot counting device for use in New Hampshire or may disqualify the entity that programmed the device as a vendor.
2 Effective Date. This act shall take effect 60 days after its passage.