HB 409-FN - AS INTRODUCED
2025 SESSION
25-0854
08/11
HOUSE BILL 409-FN
AN ACT relative to fee structures for election recounts.
SPONSORS: Rep. Manohar, Hills. 9
COMMITTEE: Election Law
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ANALYSIS
This bill restructures fees for election recounts to be based on the number of votes cast in an 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0854
08/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to fee structures for election recounts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Fees; State General Election Recounts. RSA 660:2 is repealed and reenacted to read as follows:
660:2 Fees.
I. In an election where more than 1,000 votes are cast, the following fees shall apply:
(a) If the difference between the vote cast for the applying candidate and a candidate declared elected shall be equal to or less than 0.25 percent, $100.
(b) If the difference between the vote cast for the applying candidate and a candidate declared elected shall be equal to or less than 0.5 percent but greater than 0.25 percent, $500.
(c) If the difference between the vote cast for the applying candidate and a candidate declared elected shall be equal to or less than 2 percent but greater than 0.5 percent, $1,000.
(d) If the difference between the vote cast for the applying candidate and a candidate declared elected shall be greater than 2 percent, $2,500.
II. In an election where 1,000 votes or fewer are cast, the following fees shall apply:
(a) If the difference between the vote cast for the applying candidate and a candidate declared elected shall be equal to or less than 1 percent, $50.
(b) If the difference between the vote cast for the applying candidate and a candidate declared elected shall be equal to or less than 1 percent but greater than 2 percent, $100.
(c) If the difference between the vote cast for the applying candidate and a candidate declared elected shall be greater than 2 percent, $150.
2 Declaration; Return of Fees. RSA 660:6, III is repealed and reenacted to read as follows:
III.(a) In an election where more than 1,000 votes are cast, if any person who has applied for a recount loses the recount by a margin of 0.25 percent or fewer of the total votes cast, the secretary of state shall return to the person within 10 days of the recount any fees that were paid in accordance with RSA 660:2.
(a) In an election where 1,000 or fewer votes are cast, if any person who has applied for a recount loses the recount by a margin of 1 percent or fewer of the total votes cast, the secretary of state shall return to the person within 10 days of the recount any fees that were paid in accordance with RSA 660:2.
IV. The secretary of state shall prepare an annual report detailing the number of recounts requested, the amount of fees collected, the outcomes of the recounts, and the costs incurred in such recounts and submit it to the speaker of the house of representatives and to the president of the senate.
3 Effective Date. This act shall take effect 60 days after its passage.
25-0854
12/27/24
HB 409-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to fee structures for election recounts.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | Indeterminable | $0 | ||
Revenue Fund(s) | Recount Administrative and Fee Account | |||||
Expenditures* | $0 | $0 | Indeterminable Increase | $0 | ||
Funding Source(s) | Recount Administrative and Fee Account | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill restructures fees for election recounts to be based on the number of votes cast in an election and requires the Secretary of State to report to the Speaker of the House and the Senate President the number of recounts, amount of fees collected, outcomes, and costs incurred.
The Department of State indicates that the minimum fee for a recount will increase from $10 to $50, and the maximum fee will change from the actual cost to a maximum of $2,500. Recounts for County Offices, State Senate, Executive Council, Governor, or federal delegation races can cost more than $10,000. The most significant fiscal impact could be increased expenditures for recount requests by candidates when the vote difference is greater than 2% but less than 20% of the total votes cast, as the fee in this category is capped at $2,500, while the cost could exceed $10,000. Additionally, this bill is likely to increase the number of larger recounts requested, thus extending the time needed to conduct all the recounts.
AGENCIES CONTACTED:
Department of State
| Date | Body | Type |
|---|---|---|
| March 5, 2025 | House | Hearing |
| March 4, 2025 | House | Exec Session |
March 6, 2025: Persuant to House Rule 39(e), Withdrawn: MA VV 03/06/2025 HJ 7
Feb. 27, 2025: Executive Session: 03/04/2025 01:00 pm LOB 306-308
Feb. 20, 2025: Public Hearing: 02/25/2025 02:50 pm LOB 306-308
Jan. 10, 2025: Introduced (in recess of) 01/09/2025 and referred to Election Law HJ 3 P. 8