HB 1298 - AS AMENDED BY THE HOUSE
11Mar2026... 0603h
2026 SESSION
26-2827
08/06
HOUSE BILL 1298
AN ACT relative to the disposal of electronic ballot counting device external memory devices.
SPONSORS: Rep. Berry, Hills. 44
COMMITTEE: Election Law
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AMENDED ANALYSIS
This bill requires the external memory devices from certain electronic ballot counting devices to be destroyed in the same way as ballots.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2026... 0603h 26-2827
08/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to the disposal of electronic ballot counting device external memory devices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Disposal and Retention Schedule; Electronic Ballot Counting Device External Storage Devices. Amend RSA 33-A:3-a, XXXVI-XXXVII to read as follows:
XXXVI. Elections-federal elections: ballots and absentee ballot applications, affidavit envelopes, lists, and electronic ballot counting device external storage devices: by the town clerk until the contest is settled and all appeals have expired or at least 22 months after the election, whichever is longer. Extra electronic ballot counting device external storage devices programmed for, but not used during the election are exempt from preservation. The external storage devices of electronic ballot counting devices that capture digital images shall be disposed of in the same manner as ballots and absentee ballot applications, affidavit envelopes, and lists. The storage devices of electronic ballot counting devices that do not capture digital images shall not be disposed of in the same manner as ballots and absentee ballot applications, affidavit envelopes, and lists.
XXXVII. Elections-not federal: ballots and absentee ballot applications, affidavit envelopes, lists, and electronic ballot counting device external storage devices: by the town clerk until the contest is settled and all appeals have expired or at least 60 days after the election, whichever is longer. Extra electronic ballot counting device external storage devices programmed for, but not used during the election are exempt from preservation. The external storage devices of electronic ballot counting devices that capture digital images shall be disposed of in the same manner as ballots and absentee ballot applications, affidavit envelopes, and lists. The storage devices of electronic ballot counting devices that do not capture digital images shall not be disposed of in the same manner as ballots and absentee ballot applications, affidavit envelopes, and lists.
2 Effective Date. This act shall take effect 60 days after its passage.
| Date | Amendment |
|---|---|
| March 5, 2026 | 2026-0603h |
| April 14, 2026 | 2026-1507s |
| Date | Body | Type |
|---|---|---|
| Feb. 3, 2026 | House | Hearing |
| Feb. 10, 2026 | House | Exec Session |
| Feb. 17, 2026 | House | Exec Session |
| Feb. 17, 2026 | House | Floor Vote |
| April 1, 2026 | Senate | Hearing |
| Senate | Floor Vote |
April 15, 2026: Committee Report: Ought to Pass with Amendment # 2026-1507s, 04/23/2026; Vote 5-0; CC; SC 15
March 25, 2026: Hearing: 04/01/2026, Room 103, SH, 01:30 pm; SC 12
March 17, 2026: Introduced 03/12/2026 and Referred to Election Law and Municipal Affairs; SJ 7
March 11, 2026: Ought to Pass with Amendment 2026-0603h: MA VV [&] HJ 7
March 11, 2026: Amendment # 2026-0603h: AA VV 03/11/2026 HJ 7
March 4, 2026: Committee Report: Ought to Pass with Amendment # 2026-0603h 02/17/2026 (Vote 16-0; CC) HC 10 P. 14
Feb. 17, 2026: ==CONTINUED== Executive Session: 02/17/2026 01:40 pm GP 158
Feb. 11, 2026: ==RECESSED== Executive Session: 02/10/2026 11:00 am GP 158
Jan. 29, 2026: Public Hearing: 02/03/2026 03:00 pm GP 158
Dec. 1, 2025: Introduced 01/07/2026 and referred to Election Law HJ 1 P. 14