HB220 (2025) Compare Changes


Unchanged Version

Text to be removed highlighted in red.

1 Special Provisions for State and Presidential Primary Elections. Amend RSA 659:14 to read as follows:

659:14 Special Provisions for State and Presidential Primary Elections.

I. A person desiring to vote at a state or presidential primary election shall, at the time of announcing the person's name, also announce the name of the party to which the person belongs or whether the person is registered as an undeclared voter. If the person's party membership has been registered before, the person shall be given only the ballot of the party with which the person is registered, unless the person desires to vote the ballot of a party not having official existence at the time the person's party membership was previously registered, in which case the person may vote the ballot of such a party in the state primary election immediately following the political organization's official existence as a party, and not in any subsequent state primary election. A person may also vote the ballot of such a party in the presidential primary election only if the presidential primary election precedes the state primary election to be held in that same year. If the rules of a party permit a person who is registered as an undeclared voter to vote in the party's primary, any person desiring to vote in that party's primary shall also announce the name of that party at the time of announcing the person's name. No person shall be permitted to vote in any more than one party primary during any primary election.

II. The secretary of state shall include on the voter instruction cards required by RSA 658:28 whether a party rule has been adopted which permits a person who is registered as an undeclared voter to vote in the party's primary. The party chairman shall notify the secretary of state in writing prior to the filing period for state offices whether the party has adopted such a rule. This rule shall not be changed or rescinded by a party until the results of the primary have been announced, and any change or rescission shall be mailed to the secretary of state by the party chairman.

2 Notification. Upon the passage of this act, the secretary of state shall notify all chairpersons that a person who is registered as an undeclared voter may not vote in the primary election unless the party adopts rules specifically allowing undeclared voters to do so.

3 Effective Date. This act shall take effect January 1, 2026.

Changed Version

Text to be added highlighted in green.

1 Special Provisions for State and Presidential Primary Elections. Amend RSA 659:14 to read as follows:

659:14 Special Provisions for State and Presidential Primary Elections.

I. A person desiring to vote at a state or presidential primary election shall, at the time of announcing the person's name, also announce the name of the party to which the person belongs . If the person's party membership has been registered before, the person shall be given only the ballot of the party with which the person is registered, unless the person desires to vote the ballot of a party not having official existence at the time the person's party membership was previously registered, in which case the person may vote the ballot of such a party in the state primary election immediately following the political organization's official existence as a party, and not in any subsequent state primary election. A person may also vote the ballot of such a party in the presidential primary election only if the presidential primary election precedes the state primary election to be held in that same year. If the rules of a party permit a person who is registered as an undeclared voter to vote in the party's primary, any person desiring to vote in that party's primary shall also announce the name of that party at the time of announcing the person's name. However, if the rules of the party have not been adopted to permit a person who is registered as an undeclared voter to vote in the party 's primary, then such person shall not vote in the primary election. No person shall be permitted to vote in any more than one party primary during any primary election.

II. The secretary of state shall include on the voter instruction cards required by RSA 658:28 whether a party rule has been adopted which permits a person who is registered as an undeclared voter to vote in the party's primary. The party chairman shall notify the secretary of state in writing prior to the filing period for state offices whether the party has adopted such a rule. This rule shall not be changed or rescinded by a party until the results of the primary have been announced, and any change or rescission shall be mailed to the secretary of state by the party chairman.

III. Any person aggrieved as a result of the gross negligence or willful misconduct of a party chairperson and/or secretary of state in violation of any provision of RSA 659:14 may initiate an action against the party chairman and/or secretary of state and may recover court costs and reasonable attorney's fees as the prevailing party. For the purposes of this chapter, "gross negligence" means deliberate indifference.

2 Notification. Upon the passage of this act, the secretary of state shall notify all chairpersons that a person who is registered as an undeclared voter may not vote in the primary election unless the party adopts rules specifically allowing undeclared voters to do so.

3 Effective Date. This act shall take effect January 1, 2026.