Amendment 2026-1507s to HB1298 (2026)

Relative to the disposal of electronic ballot counting device external memory devices.


Revision: April 14, 2026, 12:24 p.m.

Senate Election Law and Municipal Affairs

April 14, 2026

2026-1507s

07/07

 

 

Amendment to HB 1298

 

Amend RSA 33-A:3-a, XXXVI-XXXVII as inserted by section 1 of the bill by replacing it with the following:  

 

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, including those that capture digital images, shall be disposed of in the same manner as ballots, absentee ballot applications, affidavit envelopes, and lists.  Disposal may be achieved by either physically destroying the storage device or by secure erasure that permanently destroys all election-related data on the storage device, including election programming, vote tallies, and digital images.

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, including those that capture digital images, shall be disposed of in the same manner as ballots, absentee ballot applications, affidavit envelopes, and lists.  Disposal may be achieved by either physically destroying the storage device or by secure erasure that permanently destroys all election-related data on the storage device, including election programming, vote tallies, and digital images.