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 RSA 656:42, IX is repealed and reenacted to read as follows: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, shall be permitted to examine the digital images of ballots created on an electronic ballot counting device that uses digital image technology. In this paragraph, the voter or group of voters are referred to as "observers".

(b) Notwithstanding any exemptions to RSA 91-A limiting access to ballot images, such images shall be available to observers 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 examination of ballot images shall be under the supervision of the secretary of state and may use state provided computers and displays to provide access to the removable memory devices that contain the digital images.

(e) The secretary of state shall:

(1) Schedule access for the observers and for arranging for the removable memory devices to be acquired from a municipality.

(2) As needed, provide the location of equipment and viewing area and limitations to the number of observers in the viewing area.

(3) Verify eligibility.

(4) Prevent any observers from making any connection to the computer.

(5) Be the only person to handle the original removable memory devices and or make copies thereof.

(f) The secretary of state may:

(1) Declare any observers who fail to comply with the provisions in this section to be ineligible to further participate in this process.

(2) Require non-disclosure agreements regarding personally identifying marks that may occur on a ballot image.

(3) Take any other measures to protect the integrity of the election data and the privacy of the voters.

(g) Access to ballot images shall not be available to observers until after all recounts and any subsequent appeals are completed. The secretary of state may establish a reasonable time frame for requests to be made, with the time frame not to exceed a period of 4 months from the end of the permitted applicable recounts period. However, access to ballot images shall be available to those persons involved in appeals of election recounts or audits.

(h) Any observers 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.

(i) The secretary of state may determine if copies of the removable memory devices or the digital data on the memory device may be provided to the observers that are examining the digital images. This includes electronic data as well as hard-copy printouts. Alternatively, the secretary of state may allow visual viewing access only on a state owned computer. Any information gathered from the visual examination of such ballot images shall be kept on the observer's own paper, computer, etc. and not downloaded or electronically copied from the source computer.

2 Effective Date. This act shall take effect 60 days after its passage.

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, shall be permitted to examine the digital images of ballots created on an electronic ballot counting device that uses digital image technology. In this paragraph, the voter or group of voters are referred to as "observers".

(b) Notwithstanding any exemptions to RSA 91-A limiting access to ballot images, such images shall be available to observers 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 examination of ballot images shall be under the supervision of the secretary of state and may use state provided computers and displays to provide access to the removable memory devices that contain the digital images.

(e) The secretary of state shall:

(1) Schedule access for the observers and for arranging for the removable memory devices to be acquired from a municipality.

(2) As needed, provide the location of equipment and viewing area and limitations to the number of observers in the viewing area.

(3) Verify eligibility.

(4) Prevent any observers from making any connection to the computer.

(5) Be the only person to handle the original removable memory devices and or make copies thereof.

(f) The secretary of state may:

(1) Declare any observers who fail to comply with the provisions in this section to be ineligible to further participate in this process.

(2) Require non-disclosure agreements regarding personally identifying marks that may occur on a ballot image.

(3) Take any other measures to protect the integrity of the election data and the privacy of the voters.

(g) Access to ballot images shall not be available to observers until after all recounts and any subsequent appeals are completed. The secretary of state may establish a reasonable time frame for requests to be made, with the time frame not to exceed a period of 4 months from the end of the permitted applicable recounts period. However, access to ballot images shall be available to those persons involved in appeals of election recounts or audits.

(h) Any observers 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.

(i) The secretary of state may determine if copies of the removable memory devices or the digital data on the memory device may be provided to the observers that are examining the digital images. This includes electronic data as well as hard-copy printouts. Alternatively, the secretary of state may allow visual viewing access only on a state owned computer. Any information gathered from the visual examination of such ballot images shall be kept on the observer's own paper, computer, etc. and not downloaded or electronically copied from the source computer.

2 Effective Date. This act shall take effect 60 days after its passage.