1 New Section; Background Checks. Amend RSA 656 by inserting after section 40 the following new section:

656:40-a Background Checks; Personnel Programming or Maintaining Electronic Ballot Counting Devices.

I. The distributor of electronic ballot counting devices in New Hampshire shall assign all employees programming or maintaining electronic ballot counting devices in New Hampshire an employee identification number and an identification card with the employee's name and identification number on it. The distributor shall send a list of current employees programming or maintaining electronic ballot counting devices in New Hampshire including their assigned employee identification number to the secretary of state and the attorney general on the first of every month. Such list shall be available for public review on the secretary of state's website.

II.(a) The distributor of electronic ballot counting devices shall provide to the secretary of state the performance history of the distributor and of its officers and directors relative to the operation and financial security. The attorney general shall conduct a background investigation of the criminal record of all of the distributor's officers and directors, partners, and any individuals who are responsible for programming or maintaining electronic ballot counting devices in New Hampshire and make a report to the secretary of state. The cost of any investigation under this paragraph shall be borne by the distributor.

(b)(1) The criminal background check shall consist of a fingerprint-based criminal record check of national crime information databases. The persons described in subparagraph (a) shall submit to the attorney general a criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any. The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency and payment required by division of state police regulations.

(2) For the criminal record check required under this paragraph, the attorney general shall submit the person's fingerprints to the department of safety, division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the criminal record check, the division of state police shall release copies of the criminal history records to the attorney general and to the secretary of state.

III. Any employees programming or maintaining electronic ballot counting devices in New Hampshire shall be covered by an adequate bond in an amount set by the secretary of state in rules adopted under RSA 541-A.

IV. Any employee programming or maintaining electronic ballot counting devices in New Hampshire shall present their employee identification card issued in accordance with paragraph I to the town clerk, the moderator, or a selectman before working on any electronic ballot counting device. The employee's full legal name and employee identification number shall be recorded in the machine activity logs and maintenance invoices.

2 Access to Governmental Records and Meetings; Exemptions. Amend RSA 91-A:5, IV to read as follows:

IV. Records pertaining to internal personnel practices; confidential, commercial, or financial information; test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examinations; and personnel, medical, welfare, library user, videotape sale or rental, and other files whose disclosure would constitute invasion of privacy. Without otherwise compromising the confidentiality of the files, nothing in this paragraph shall prohibit a public body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected.

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

1 New Section; Background Checks. Amend RSA 656 by inserting after section 40 the following new section:

656:40-a Background Checks; Personnel Programming or Maintaining Electronic Ballot Counting Devices.

I. The distributor of electronic ballot counting devices in New Hampshire shall assign all employees programming or maintaining electronic ballot counting devices in New Hampshire an employee identification number and an identification card with the employee's name and identification number on it. The distributor shall send a list of current employees programming or maintaining electronic ballot counting devices in New Hampshire including their assigned employee identification number to the secretary of state and the attorney general on the first of every month. Such list shall be available for public review on the secretary of state's website.

II.(a) The distributor of electronic ballot counting devices shall provide to the secretary of state the performance history of the distributor and of its officers and directors relative to the operation and financial security. The attorney general shall conduct a background investigation of the criminal record of all of the distributor's officers and directors, partners, and any individuals who are responsible for programming or maintaining electronic ballot counting devices in New Hampshire and make a report to the secretary of state. The cost of any investigation under this paragraph shall be borne by the distributor.

(b)(1) The criminal background check shall consist of a fingerprint-based criminal record check of national crime information databases. The persons described in subparagraph (a) shall submit to the attorney general a criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any. The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency and payment required by division of state police regulations.

(2) For the criminal record check required under this paragraph, the attorney general shall submit the person's fingerprints to the department of safety, division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the criminal record check, the division of state police shall release copies of the criminal history records to the attorney general and to the secretary of state.

III. Any employees programming or maintaining electronic ballot counting devices in New Hampshire shall be covered by an adequate bond in an amount set by the secretary of state in rules adopted under RSA 541-A.

IV. Any employee programming or maintaining electronic ballot counting devices in New Hampshire shall present their employee identification card issued in accordance with paragraph I to the town clerk, the moderator, or a selectman before working on any electronic ballot counting device. The employee's full legal name and employee identification number shall be recorded in the machine activity logs and maintenance invoices.

2 Access to Governmental Records and Meetings; Exemptions. Amend RSA 91-A:5, IV to read as follows:

IV. Records pertaining to internal personnel practices; confidential, commercial, or financial information; test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examinations; and personnel, medical, welfare, library user, videotape sale or rental, and other files whose disclosure would constitute invasion of privacy. Without otherwise compromising the confidentiality of the files, nothing in this paragraph shall prohibit a public body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected. Nothing in this paragraph shall prohibit the public inspection of the criminal records requests required of employees programming or maintaining electronic ballot counting devices and the officers, directors, and partners of the distributor of such electronic ballot counting devices in the state as required underRSA 656:40-a.

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