Revision: March 5, 2026, 7:43 a.m.
Rep. Prudhomme-O'Brien, Rock. 13
February 9, 2026
2026-0603h
08/07
Amendment to HB 1298
Amend the bill by replacing section 1 with the following:
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.
2026-0603h
AMENDED ANALYSIS
This bill requires the external memory devices from certain electronic ballot counting devices to be destroyed in the same way as ballots.