Bill Text: NH SB135 | 2011 | Regular Session | Chaptered
Bill Title: Relative to election returns and election records.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-06-14 - Senate Signed by the Governor on 06/14/2011; Effective 01/01/2012; Chapter 0185 [SB135 Detail]
Download: New_Hampshire-2011-SB135-Chaptered.html
CHAPTER 185
SB 135-FN-A – FINAL VERSION
03/09/11 0463s
03/09/11 0557s
2011 SESSION
03/10
SENATE BILL 135-FN-A
AN ACT relative to election returns and election records.
SPONSORS: Sen. Carson, Dist 14; Sen. Barnes, Jr., Dist 17; Rep. Hoelzel, Rock 2
COMMITTEE: Public and Municipal Affairs
This bill modifies the requirements for election returns and establishes additional election recordkeeping requirements. This bill also modifies deadlines for submission of certain election records and requires that neglect by a moderator or clerk be intentional for the neglect to be punishable as a violation.
This bill was requested by the department of state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/09/11 0463s
03/09/11 0557s
11-1028
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to election returns and election records.
Be it Enacted by the Senate and House of Representatives in General Court convened:
185:1 Moderator’s Certificate. Amend RSA 658:32 to read as follows:
658:32 Moderator’s Certificate. The secretary of state shall prepare and distribute to each town or ward clerk 2 copies of the moderator’s certificate. When the ballots are counted, the moderator shall certify thereon the total number of ballots received. One copy shall be retained by the moderator for his or her records; the other shall be certified by the clerk and forwarded to the secretary of state with the election returns pursuant to RSA 659:75.
185:2 General Content of Return. Amend RSA 659:73 to read as follows:
659:73 General Content of Return.
I. The election return forms shall be submitted on paper and electronically immediately after the completion of the vote count in the manner prescribed by the secretary of state. The return of votes shall include, but not be limited to:
(a) The name of each candidate printed on the ballot and the number of votes that candidate received for the listed office including any write-in votes for the same office on the same ballot where the voter did not mark the printed candidate name.
(b) [For each office, the number by which the total number of votes that could have been cast for that office exceeds the total number of votes actually cast for that office.
(c) For each office, the number of potential votes not counted because the voter marked more candidates than permitted. The totals for subparagraphs (b) and (c) may be reported together as a single number.
(d)] For each office the total number of votes cast for each write-in candidate who received 5 or more votes and the candidate’s name, along with the aggregate number of all other write-in votes cast for each candidate receiving less than 5 votes, excluding write-in votes for candidates whose names were printed on the ballot where the voter did not mark the printed candidate name and the vote is reported under subparagraph (a).
[(e)] (c) For any question submitted to the voters:
(1) The number of affirmative votes.
(2) The number of negative votes.
[(3) The number of ballots where the voter did not cast a vote.
(4) The number of ballots where the ballot was not counted because the voter marked both yes and no.
(f) The number of voters who voted in person on election day checked off on the checklist as having voted.
(g) The number of absentee voters checked off on the checklist as having voted.
(h) The number of official ballots received from the secretary of state brought to the polling place on election day, excluding ballots marked as test ballots and used prior to election day to test a ballot counting machine.
(i) The number of official ballots cast on election day.
(j) If the polling place runs out of official ballots, the number of absentee ballots used as official ballots and cast.
(k) If the polling place runs out of official ballots, the number of photocopy ballots used as official ballots and cast.
(l) The number of Accessible Voting System ballots cast.
(m) The number of state absentee ballots cast.
(n) The number of federal offices only absentee ballots cast.
(o) The number of state write-in absentee ballots cast.
(p) The number of federal write-in absentee ballots cast.
(q)] (d) In a primary, the number of ballots cast for each party.
(e) In a general election, the number of ballots cast.
[(r) The number of people who registered to vote on election day.
(s) The number of undeclared voters that cast ballots for each party at a state primary election.
(t) The number of undeclared voters that returned to undeclared after voting in a state primary election.]
II. Within 48 hours of the closing of the polls or other time ordered by the secretary of state, the moderator shall forward to the secretary of state a list of all write-in candidates receiving between one and 4 votes in the election.
III. The secretary of state shall provide guidance for completing the return of votes in the election procedure manual issued pursuant to RSA 652:22. The secretary of state may provide an electronic version of the return of votes capable of being used on a computer at the polling place to assist moderators and clerks in completing and submitting the paper and electronic forms.
IV. The moderator shall fill out a moderator’s certificate prepared by the secretary of state, which shall be recorded and signed by the moderator within 48 hours of the closing of the polls or other time ordered by the secretary of state and submitted to the clerk. The worksheet shall include, but not be limited to:
(a) The number of official ballots received from the secretary of state brought to the polling place by the city or town clerk on election day, excluding ballots marked as test ballots and used prior to election day to test an electronic ballot counting device.
(b) The number of official ballots cast on election day.
(c) If the polling place runs out of official ballots, the number of absentee ballots used as official ballots and cast.
(d) If the polling place runs out of official ballots, the number of photocopy ballots used as official ballots and cast.
(e) The number of Accessible Voting System ballots cast.
(f) The number of state absentee ballots cast.
(g) The number of federal offices only absentee ballots cast.
(h) The number of state write-in absentee ballots cast.
(i) The number of federal write-in absentee ballots cast.
(j) A comparison of the different methods of tallying ballots cast.
V. The moderator shall record and sign a names on checklist form within 48 hours of the closing of the polls, unless the secretary of state directs otherwise, and shall submit the form to the secretary of state, with a copy to the clerk. The names on checklist form shall include, but not be limited to:
(a) The number of people who registered to vote on election day.
(b) For each party, the total number of voters registered as members of the party.
(c) The number of undeclared voters that cast ballots for each party at a state or presidential primary election.
(d) The number of undeclared voters that returned to undeclared after voting in a state or presidential primary election.
VI. The moderator shall record and sign a ballots cast form prepared by the secretary of state within 48 hours of the closing of the polls, or other time ordered by the secretary of state, and shall submit the form to the secretary of state, with a copy to the clerk. The ballots cast form shall include, but not be limited to:
(a) The number of voters who voted in person on election day checked off on the checklist as having voted.
(b) The number of absentee voters checked off on the checklist as having voted.
VII. The town or city clerk may require that forms be completed under this section earlier than the time required by the secretary of state.
185:3 Forwarding Election Returns. Amend RSA 659:75 to read as follows:
659:75 Forwarding; Retaining Copies of Return. One copy of the election return shall be forwarded by the town or ward clerk to the secretary of state in both paper and electronic form no later than 8:00 a.m. on the day following a state election unless the secretary of state orders them [sooner] at a different time and date. The other shall be kept by the town or city clerk in accordance with RSA 33-A:3-a and shall be open to public inspection at reasonable times. If an official state election return is sealed along with the ballots, the clerk having custody of the sealed ballots shall, at the request of the secretary of state, and in the presence of a state election official, unseal the ballots and retrieve the election return. The ballots shall be immediately resealed and the election return shall be delivered to the secretary of state by the election official.
185:4 Neglect by Moderator and Clerk. Amend RSA 659:77, I-II to read as follows:
I. If any moderator shall intentionally neglect to cause an accurate count to be made of the votes cast as required by law, for which no other penalty is provided, he or she shall be guilty of a violation.
II. If any town or ward clerk shall intentionally neglect to make any return of votes required by law, for which neglect no other penalty is provided, he or she shall be guilty of a violation.
185:5 Preservation of Checklists. Amend RSA 659:102 to read as follows:
659:102 Preservation of Checklists. No later than the [second] fourth Friday after each regular state general election, and for each presidential primary election, the supervisors of the checklist in the towns, and the corresponding officers in the cities, shall send one of the marked checklists which were used in that election, certified by the officers, to the state archives. In addition, if directed by the secretary of state, they shall send one of the unmarked checklists which were used in the state general election at which a president was elected to the clerk of the federal district court for the district of New Hampshire. One marked copy of every checklist used in any election shall be turned over to the town or city clerk by the supervisors. The clerk shall preserve such checklists in his or her custody for a public record for a period set forth in RSA 33-A:3-a.
185:6 Preservation of Challenge Affidavits. Amend RSA 659:103 to read as follows:
659:103 Preservation of Challenge Affidavits. The forms completed by challengers and affidavits made by challenged voters as provided in RSA 659:27 and RSA 659:27-a shall be preserved in accordance with RSA 33-A:3-a.
185:7 Repeal. RSA 659:33, relative to preservation of affidavits, is repealed.
185:8 Effective Date. This act shall take effect January 1, 2012.
Approved: June 14, 2011
Effective Date: January 1, 2012
