2003 ELECTION LAW CHANGES
RSA
44:5 Voters and Checklists. Any person having his or her domicile within
the city, qualified to vote as provided in RSA 654:1-654:2 and 654:4-654:6 and
whose name is on the checklist shall be qualified to vote in city elections.
The supervisors of the checklist shall prepare, post, and revise the checklist
for city elections in the same manner as for a state election as provided in RSA
654:25-31.
RSA 652:12 Vacancy. A “vacancy” shall occur in a public office if, subsequent to his or her election and prior to the completion of his or her term, the person elected to that office:
I. Either dies, resigns, or ceases to have domicile in the state or the district
from which he or she was elected; or
II. Is determined by a court having jurisdiction to be insane or mentally incompetent; or
III. Is convicted of a crime which disqualifies him or her from holding office; or
IV. Fails or refuses to take the oath of office within the period prescribed in RSA 42:6 or to give or renew an official bond if required by law; or
V. Has his or her election voided by court decision or ballot law commission decision; or
VI. Is a member of the general court of New Hampshire and a member of a military reserve or national guard unit; and
(a) The member was called to serve in an emergency; and
(b) Service in such unit causes the member to be unable to perform his or her legislative duties, as determined by the house of representatives in the case of a member of the house of representatives and by the senate in the case of a member of the senate, for longer than 180 consecutive days; and
(c) The selectmen of any town or ward in the district from which the member is elected request of the governor and council that the office be declared vacant.
RSA 652:14 Election Officer. “Election officer” shall mean any moderator, deputy moderator, assistant moderator, town clerk, deputy town clerk, city clerk, deputy city clerk, ward clerk, selectman, supervisors of the checklist, registrar, or deputy registrar.
RSA 654:1 Voter; Office Holder. I. Every inhabitant of the state, having a single established domicile for voting purposes, being a citizen of the United States, of the age provided for in Article 11 of Part First of the Constitution of New Hampshire, shall have a right at any meeting or election, to vote in the town, ward, or unincorporated place in which he or she is domiciled. An inhabitant’s domicile for voting purposes is that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government. A person has the right to change domicile at any time, however a mere intention to change domicile in the future does not, of itself, terminate an established domicile before the person actually moves.
II. Any elected or appointed official for whom one of the qualifications for his or her position is eligibility to be a voter in the area represented or served shall be considered to have resigned if the official moves his or her domicile so that he or she can no longer qualify to be a voter in the area represented or served. Any vacancy so created shall be filled as prescribed by law.
RSA 654:7 Voter Registration Form. A standard registration application form shall be used throughout the state. The registration form shall be no larger than 8 ½ inches by 11 inches. The secretary of state shall prescribe the form of the voter registration form, which shall be in substantially the following form:
Date __________________
VOTER REGISTRATION FORM
(Please print or type) 1. Name _________________(Last (suffix) First Full Middle Name)
2. Address _______________ (Street Ward Number) (Town or City Zip Code).
3. Mailing Address if different than in 2 ______________________ (Street Ward Number) (Town or City Zip Code) 4. Place and Date of Birth _______________ (Town or City State) Date ________________
5. If a naturalized citizen, give name of court where and date when naturalized___________________.
6. Place last registered to vote __________________________ .(Street Ward Number) (Town or City)
7. Name under which previously registered, if different from above ____________________.
8. Party Affiliation (if any) ______________________________
9. Driver’s License Number ________________ State __________ If you do not have a valid driver’s license, provide the last four digits of your social security number ___ ___ ___ ___.
My name is _____________. I am today registering to vote in the city/town of _____________, New Hampshire.
I understand that to vote in this city/town, I must be 18 years of age, I must be a United States citizen, and I must be domiciled in this city/town.
I understand that a person can claim only one state and one city/town as his or her domicile at a time. A domicile is that place, to which upon temporary absence, a person has the intention of returning. By registering or voting today, I am acknowledging that I am not domiciled in any other state or any other city/town. I understand that if I am domiciled in another state or city/town, I may be entitled to vote in elections held within that state or city/town by absentee ballot.
In declaring New Hampshire as my domicile, I am subject to the laws of the State of New Hampshire which apply to all residents, including laws requiring me to register my motor vehicles and apply for a New Hampshire driver’s license within 60 days of becoming a resident.
In declaring New Hampshire as my domicile, I realize that I may be forfeiting benefits or rights, including the right to vote in another state.
If I have any questions as to whether I am entitled to vote in this city/town, I am aware that a supervisor of the checklist is available to address my questions or concerns.
I acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above-stated city/town, and, if registering on election day, that I have not voted and will not vote at any other polling place this election.
Date ________________________ Signature _______________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
RSA 654:8-a, I Any person qualified as a voter in a city whose name does not appear on the checklist where registration is required because the voter’s voting domicile has changed from one ward in the city to another ward in the same city, and who is otherwise registered to vote in the election, may change voter registration at the office of the city clerk. A change in voter registration under this section shall be made no later than the final date set for correcting the checklist in the city. The city clerk shall require the voter to provide acceptable proof of identification and acceptable proof of domicile.
RSA 654:11 Application to Supervisors. When the supervisors of the checklist receive a registration form from the town or city clerk or when an applicant submits the form to said supervisors in person at a session for the correction of the checklist, the supervisors of the checklist shall cause his or her name to be added to the checklist, unless it is established that it is more likely than not that the applicant is not qualified to vote in the city or town under RSA 654:1 through 654:6. All decisions of the supervisors of the checklist shall be made by majority vote thereof.
RSA 654:12 Determining Qualifications of Applicant. I. When determining the qualifications of an applicant, the supervisors of the checklist, or the town or city clerk, shall require the applicant to present proof of citizenship, age, and domicile, as provided in the following categories:
(a) CITIZENSHIP. The supervisors……The citizenship affidavit shall be in the following form:
Date: ___________________ CITIZENSHIP AFFIDAVIT
Name: ____________________________
Name at birth if different _______________________
Place of birth: _________________ Date of birth: ___________________
Date and Place of Naturalization: ___________________________________________
I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am a United States citizen and that to the best of my knowledge and belief the information above is true and correct.
(Signature of Applicant) __________________________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
On the date shown above, before me, __________(print name of notary public, justice of the peace, election officer), appeared ______-(print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.
_________________Notary Public/Justice of the Peace/Official Authorized by RSA 659:30
(b) AGE. Any reasonable documentation indicating the applicant is 18 years of age or older.
(c) DOMICILE. Any reasonable documentation which indicates that the applicant has a domicile and intends to maintain a domicile, as defined in this chapter, in the town, city or ward in which he or she desires to vote, or if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, an affidavit in the following form:
DOMICILE AFFIDAVIT
Date: ____________________________
Name: ____________________________
Current Domicile Address: ___________________ (Street Ward Number)(Town or City Zip Code)
Date when current domicile was established: Month: ___________ Year: _____________
Place and date of birth: _______________
Address of last previous domicile: __________(Street Ward Number)(Town or City Zip Code)
I hereby swear and affirm, under the penalties for voting fraud set forth below, that my established domicile is at the current domicile address I have entered above and that to the best of my knowledge and belief the information above is true and correct.
______________________-(Signature of applicant)
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
On the date shown above, before me, __________(print name of notary public, justice of the peace, election officer), appeared ______-(print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief.
_________________Notary Public/Justice of the Peace/Official Authorized by RSA 659:30
II. The supervisors may refuse to add the name of an applicant to the checklist if he or she fails to present the evidence or an affidavit as required by this section. Without limiting the acceptance of other forms of proof of domicile or identity deemed reasonable by the supervisors:
(a) Any one of the following documents is presumptive evidence that the individual seeking to vote meets the domicile requirement, provided the document is currently valid, was issued to or in the name of the applicant, and shows the address the applicant claims as a domicile:
(1)New Hampshire driver’s license.
(2) New Hampshire vehicle registration.
(3) Armed services identification, or other photo identification issued by the United States government.
(b) Any one of the following is presumptive evidence of the identity of an applicant sufficient to satisfy the identity requirement for an official authorized by RSA 659:30 to take the oath of an applicant swearing to a citizenship, domicile, or election day affidavit:
(1) Photo driver’s license issued by any state or the federal government.
(2) United States passport, armed services identification, or other photo identification issued by the United States government.
3) Photo identification issued by local or state government.
(c) The presumptions established in this paragraph may be defeated by evidence establishing that it is more likely than not that the applicant is not qualified as a voter.
RSA 654:17 Absentee Registration Affidavit. I. The absentee registration affidavit shall be prepared by the secretary of state and shall be in substantially the following form:
Affidavit (Absence from town)
I, ______ do hereby swear or affirm, under the penalties for voting fraud set forth below, the following:
1) That my legal domicile is in the town of _______, New Hampshire, I will be of the age of 18 years or over on election day and am entitled to vote in the election to be held in said town on ___________(date), except for the fact that my name does not appear on the checklist to be used in said town at such election;
2) That I do not intend to be present within said town at such time prior to said election as shall enable me personally to appear before the supervisors of the checklist of said town in their regular sessions for the correction of the checklist for said election;
3) That I am temporarily residing in ____(city and state or city, province, and country);
4) That I hereby enclose one of the following as proof of identity and domicile:
(a) A copy of a current and valid New Hampshire driver’s license or an armed services identification or other photo identification issued by the United States government that shows the name and address of the voter; or
(b) A copy of a current and valid photo identification and a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter;
5) That I acknowledge that if I do not provide a copy of proof of identity and domicile as required by section 4) above, this application may not be approved; and
6) That I hereby make application for the addition of my name to the checklist of said town to be used at said election.
Signature of Applicant _____________________________ Date ___________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
Affidavit (Physical Disability)
I, ______________ do hereby swear or affirm under the penalties for voting fraud set forth below, the following:
1) That my legal domicile is in the town of _____, New Hampshire, I will be of the age of 18 years or over on election day, and am entitled to vote in the election to be held in said town on _________ (date), except for the fact that my name does not appear on the checklist to be used in said town at such election;
2) That I am unable by reason of physical disability personally to appear before the supervisors of the checklist of said town in their regular sessions for correction of the checklist for said election;
3) That I hereby enclose one of the following as proof of identity and domicile:
(a) A copy of a current and valid New Hampshire driver’s license or an armed services identification or other photo identification issued by the United States government that shows the name and address of the voter; or
(b) A copy of a current and valid photo identification and a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter;
4) That I acknowledge that if I do not provide a copy of proof of identity and domicile as required by section 3) above, this application may not be approved; and
5) That I hereby make application for the addition of my name to the checklist of said town to be used at said election.
Signature of Applicant ________________________ Date ________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
II. There shall be printed below each of the foregoing affidavits the following affirmation:
Affirmation
I, ____, the undersigned witness, do hereby swear or affirm, under the penalties for voting fraud set forth below, that on the _____ day of____, (date), the above named, _____, having satisfied me as to his or her identity, signed the foregoing affidavit in my presence, and did before me swear to (or affirm) the truth of the statements therein contained. ____________________Signature of Witness
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
RSA 654:20 Affidavit. Any person qualified to vote as an overseas voter in a city or town as provided in RSA 654:3, because he or she is domiciled outside the United States, may apply to the city or town clerk or to the secretary of state for an overseas citizens federal election absentee registration affidavit. Such affidavit shall be prepared by the secretary of state and shall be in substantially the following form:
Affidavit
I, __________, do hereby swear or affirm, under the penalties for voting fraud set forth below, the following:
{No changes in current law until after signature of applicant.}
Insert after signature:
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
RSA 654:23 Effect. Unless the supervisors of the checklist shall be of the opinion that the applicant does not qualify as an overseas voter in the city or town as provided in RSA 654:3, domiciled outside the United States, they shall, at their next session for the correction of the checklist subsequent to their receipt of such affidavit properly executed, cause his or her name to be added to the checklist together with a mark or sign clearly indicating that the applicant has been entered on the checklist for the purpose of voting in federal elections only. Thereafter, such person shall be entitled to vote by overseas citizens absentee ballot at both federal primary and general elections. If the supervisors decide not to add the name of the applicant to the checklist, they shall send notification to the applicant in writing within 7 days stating the reason for that denial.
RSA 654:25 Preparing Checklist. I. The secretary of state shall issue and distribute guidelines for the composition and style of checklists and for the maintenance of data related to checklists by which the supervisors of the checklist shall compile and correct the checklist. Such guidelines shall specify the information which will be maintained and updated by the supervisors. The secretary shall establish standard forms and procedures for the use of the supervisors for the maintenance of such information. The information to be maintained and updated shall include the full name, address, and party affiliation, if any, of each voter on the checklist and such other information as the secretary requires. The supervisors shall use the information so maintained and updated to prepare the checklist for all state elections. Except as provided in paragraph II, every checklist used at any state election shall contain as a minimum the full name, address, and mailing address if different, and party affiliation, if any, of each voter on the checklist. The address and mailing address, if different, of a voter shall not appear on the checklist at the request of the voter if the voter presents to the supervisors of the checklist a valid protective order pursuant to RSA 173-B. A voter who presents a valid protective order may, however, request that a mailing address, if different, be maintained on the checklist. If a voter who presents a valid protective order requests that no address be maintained on the checklist, the supervisors of the checklist may nonetheless maintain a designation on the checklist which indicates that no address is required for that voter.
II. If a municipality prepares a separate checklist solely for use at a state election, such checklist may omit a voter’s mailing address, if different.
RSA 654:27 Session for Correction. In cities and towns……7 days prior to the election, between 7:00 p.m. and 7:30 p.m. and at the discretion……..notice.
RSA 654:28 Procedure. The supervisors of the checklist shall hear……as a minimum requirement between 11:00 a.m. and 11:30 a.m. and at the discretion of the supervisors……..7 days prior to the election, between 7:00 p.m. and 7:30 p.m. and at the discretion….city clerk.
RSA 654:31-a Right to Know Exemption The information contained on the checklist of a town or city, specifically, the name, street address, town or city, and party affiliation, if any, of registered voters, except as otherwise provided by statute, is public information subject to RSA 91-A. All other information on the voter registration form, absentee registration affidavit, and application for absentee ballot shall be treated as confidential information and the records containing this information shall be exempt from the public disclosure provisions of RSA 91-A, except as provided by statutes other than RSA 91-A. Election officials and law enforcement personnel in furtherance of their official duties may access and may disclose information from the voter registration form, absentee registration affidavits, and applications for absentee ballots, if necessary to resolve a challenge to an individual registering to vote or voting, or if necessary to investigate or prosecute election law violations or any crime. Law enforcement access and use of such records for the investigation or prosecution of crimes unrelated to election law violations shall be limited to the records of the specific individuals who are the subject of the investigation or prosecution.
RSA
654:32 Hearings on Alterations to Party Registration. Before each state or
presidential primary election, the supervisors of the checklist shall be in
session before each primary for the change of registration of legal voters as
provided in RSA 654:34 or 654:34-a or both. Before the presidential primary,
the session shall be on the Friday preceding the first day of the filing period,
between 7:00 p.m. and 7:30 p.m. and at the discretion of the
supervisors for extended hours. Before the state primary election, the
session shall be on Tuesday before the first Wednesday in June between 7:00 p.m.
and 7:30 p.m. and at the discretion of the supervisors for extended
hours.
RSA 654:45 Centralized Voter Registration Database.
I. The secretary of state is authorized to plan, develop, equip, establish, site, and maintain a statewide centralized voter registration database and communications system, hereinafter referred to as the voter database, connecting users throughout the state. The voter database shall include the information on the voter registration form and the voter checklists maintained by each city, ward, and town in the state.
II. Any election official in the state authorized by this chapter to have direct access to the voter database may obtain immediate electronic access to the information contained in the voter database related to individuals registered or registering to vote in the election official’s jurisdiction. The office of the clerk is hereby designated as a database access point for each town or city. The secretary of state may authorize additional database access points in a town or city, including election day access points at polling places.
III. The voter database shall, upon certification by the secretary of state, be the official record of eligible voters for the conduct of all elections held in this state.
IV. (a) The voter database shall have the following minimum components:
(1) An electronic communications system that provides access for election officials from at least one point in each city and town within the state.
(2) An interactive computer program allowing local election officials access to records contained in the database with a process to add, delete, modify, or print a voter registration record related to the election official’s jurisdiction. The system shall be designed so that there can be regular updates to the database, the records reflect the name of each registered voter with no duplication, and the names of ineligible voters are removed. The system shall contain safeguards to ensure that the names of properly registered voters are not removed in error.
(b) Voter database record data shall be verified by matching the records with
those of the department of safety and the federal social security administration
as are required by law, and with the records of the state agency or division
charged with maintaining vital records. For this purpose the voter registration
record database may be linked to the state agency or division charged with
maintaining vital records and the department of safety, provided that no linked
agency or division may save or retain voter information or use it for purposes
other than verifying the accuracy of the information contained in the voter
database. The link authorized by this subparagraph shall not allow the
department of state or election officials direct access to the motor vehicle
registration or driver’s license records maintained by the division of motor
vehicles. The commissioner of safety may authorize the release of information
from motor vehicle registration and driver’s license records to the extent that
the information is necessary to department of state and department of safety
cooperation in a joint notification to individuals of apparent discrepancies in
their records and to the extent that the information is necessary to resolve
those discrepancies. The commissioner of safety and the secretary of state are
authorized to enter into an agreement that establishes the services to be
provided by the department of safety and the cost for those services. The
department of safety shall not be required to provide any services under this
subparagraph unless an agreement is in place and there are sufficient funds in
the election fund to pay the cost for the services. The system shall facilitate
the identification and correction of voter registration records whenever a
registered voter has died or has been disenfranchised pursuant to part I,
article 11 of the New Hampshire constitution or RSA 654:5 through RSA 654:6, or
when the domicile address does not match the address provided by the same
individual to the department of safety.
(c) Access by local election officials to the voter database shall be limited to the supervisors of the checklist, city registrars and deputy registrars, and town or city clerks and their deputies, as determined by the secretary of state. Access by local election officials shall be subject to the limitations of paragraph VI, and shall be limited to the records of individuals who are currently registered to vote in the official’s jurisdiction and individuals who are applying to register to vote in the official’s jurisdiction.
V. The secretary of state shall:
(a) Specify the employees of the department of state authorized to access records contained in the voter database, subject to the limitations of paragraph VI.
(b) Provide adequate technological security measures to deter unauthorized access to the records contained in the voter database.
(c) Issue guidelines to
implement the voter database.
VI. The voter database shall be private and confidential and shall not be
subject to RSA 91-A and RSA 654:31. The voter checklist for a town or city
shall be available pursuant to RSA 654:31. Any person who discloses information
from the voter database in any manner not authorized by this section shall be
guilty of a misdemeanor.
RSA 655:5 Governor. To hold the office of governor, a person must be qualified as provided in Part 2, Article 42 of the state constitution: at the time of the election, the person must have been an inhabitant of this state for 7 years next preceding, and be of the age of 30 years.
RSA
655:6 Councilor. To hold the office of councilor, a person must be
qualified as provided in Part 2, Article 61 of the state constitution: the
person must be of the age of 30 years, and shall have been an inhabitant of this
state for 7 years immediately preceding the election, and at the time thereof
shall be an inhabitant of the district for which he or she shall be chosen.
Should such person, after election, cease to be an inhabitant of the district
for which he or she was chosen, he or she shall be disqualified to hold said
position and a vacancy shall be declared therein.
RSA 655:7 State Senator. To hold the office of state senator, a person must be qualified as provided in Part 2, Article 29 of the state constitution: the person must be of the age of 30 years, and shall have been an inhabitant of this state for 7 years immediately preceding the election, and at the time thereof shall be an inhabitant of the district for which he or she shall be chosen. Should such person, after election, cease to be an inhabitant of the district for which he or she was chosen, he or she shall be disqualified to hold said position and a vacancy shall be declared therein.
RSA 655:8 State Representative. To hold the office of state representative, a person must be at least 18 years of age and must be qualified as provided in Part 2, Article 14 of the state constitution: for 2 years, at least, next preceding the election shall have been an inhabitant of this state; and shall be, at the time of the election, an inhabitant of the town, ward, place, or district he or she may be chosen to represent, and shall cease to represent such town, ward, place, or district immediately on his or her ceasing to be qualified as aforesaid.
RSA
655:10 Incompatible Offices. I. No person shall file declaration
of candidacy or primary petitions for nomination at the primary for incompatible
offices. For the purposes of this section, incompatible offices shall include
the offices of governor, United States senator, United States representative,
representative to the general court, state senator, councilor, county
sheriff, county attorney, county treasurer, register of deeds, and register of
probate. If any person shall file for incompatible offices, the secretary
of state shall advise the person of the provisions hereof and said person shall
then advise the secretary of state which of said offices he or she wishes
to retain in order to seek said nomination. If a filing fee has been paid for a
declaration of candidacy which the person declines, the fee shall be
returned to the person. No person shall seek or hold the position as a
member of the general court and county commissioner at the same time.
II. No person shall be nominated for incompatible offices. If a person shall be nominated for incompatible offices, the secretary of state shall advise the person of the provisions hereof and the person shall then advise the secretary of state which nomination the person wishes to retain; the secretary of state shall declare the nominations not retained by the person vacant.
III. A party shall not designate a person to fill a vacancy if the person has been nominated for any incompatible office.
RSA
655:14-b, IV. If the appropriate official with whom the declaration of
candidacy, declaration of intent, primary petitions, or assents to candidacy are
filed does not accept them and returns them to the candidate because in the
opinion of the official they do not conform to the provisions of this section,
the candidate may appeal to the ballot law commission as provided in RSA
665:9.
RSA 655:21 Form. Primary petitions shall be made in the following form:
{No change in primary petition until oath}
I hereby swear under the penalties for voting fraud set forth below, that the information above is true and correct to the best of my knowledge and belief.
Print Voter’s Name ___________________ Voter’s Signature _______________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
RSA
655:29 Qualifications of Candidates. The words “an inhabitant of” has been
replaced by “domiciled” in all appropriate places.
RSA 657:7, II. Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the following:
(a) Absence from City or Town. A person voting by absentee ballot because of absence from the city or town in which he or she is entitled to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am a voter…..because I am blind).
(Signature) ___________________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
(b) Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am a voter in……because I am blind).
(Signature) ___________________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
RSA 657:8 Overseas Voting. Prior to any federal election, the secretary of state shall prepare the following forms in such quantity as he or she deems necessary:
I. Overseas citizens federal election absentee ballots as provided in RSA 656:34 for citizens who are domiciled outside the United States.
II. Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the following:
(a) For Voters Who Are Registered. Overseas Citizen. A person desiring to vote by overseas citizens federal election absentee ballot who is a registered voter in the town or city in which he or she desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am an overseas….because I am blind).
(Signature) ___________________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
(b)For Voters Not Registered. A person desiring to vote by overseas citizens federal election absentee ballot who is not registered as such in the town or city in which he or she desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am a federal overseas…at the following address: ……
Signature of Voter ___________________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
RSA 657:9, II Affidavit envelopes of sufficient size to contain the ballots on which shall be printed the following:
(a) For Voters Who Are Registered. A person voting by armed services absentee ballot who is a registered voter in the town or city in which he or she desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am a voter in….because I am blind).
Signature of Voter ___________________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
(b) For Voters Not Registered. A person voting by armed services absentee ballot who is not registered in the town or city in which he or she desires to vote shall fill out and sign the following certificate:
I do hereby certify under the penalties for voting fraud set forth below that I am an armed services….the following address:……
Signature of Voter ______________________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
RSA 657:12. Provisions for General Election. Upon receipt of a properly executed application for an official absentee ballot, whether the form supplied by the secretary of state, the federal post card application form, or a written statement containing the information required by the appropriate paragraph of RSA 657:4, a town or city clerk shall forthwith ascertain if the applicant is on the checklist of the town or city. If the applicant is on the checklist, the clerk shall send the materials provided for in RSA 657:15; if not, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile to a town or city clerk.
RSA 657:13 Provisions for State or Presidential Primary Elections. Upon receipt of a properly executed application for an official absentee ballot, whether the form supplied by the secretary of state or a written statement containing the information required by the appropriate paragraph of RSA 657:4, a town or city clerk shall forthwith ascertain if the person is on the checklist of the town or city and is properly registered as to party designation. If such person is found to be on the checklist and to be properly registered or if such person is found to be on the checklist but is not registered as a member of any party, but the information supplied states he or she is applying for a ballot of a political party, the person shall be registered as a member of said party; and, in either case, the clerk shall send the materials provided for in RSA 657:15. If the person is not on the checklist or is registered as a member of a party different from the one whose ballot he or she is applying for, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile to a town or city clerk.
RSA 657:15 Sending Absentee Ballots. When the verification……..which have been returned to the clerk. Candidates whose names appear on the ballot and persons bearing notarized requests or copies of notarized requests from candidates whose names appear on the ballot may obtain copies of such lists; the lists shall not be available for public inspection at any time without a court order.
RSA 657:16 Refusal to Certify; Procedure. If he or she refuses to certify the application, the town or city clerk shall notify the applicant in writing within 7 days to that effect. The town or city clerk shall provide the applicant with an absentee ballot and a notice that the ballot will not be counted unless the applicant submits the documents necessary to complete an absentee registration. The applicant shall be advised in writing what documents, if any, have been received in proper form and which the applicant must submit in the return envelope that contains the absentee ballot affidavit envelope. The town or city clerk shall mark the exterior of the absentee ballot affidavit envelope with the words “Not Registered.” If the applicant returns the required documents in proper form with the absentee ballot and if the applicant is found to be qualified, he or she shall be registered and his or her absentee ballot shall be processed in the same manner as the absentee ballot of a previously registered voter. If the ballot is returned without the required documents in proper form, the ballot shall be marked and preserved in the manner set forth by law for successfully challenged absentee ballots. The clerk shall preserve the application of any applicant who is not registered as a voter until the time set by law for destruction of the ballots after the election at which time the application shall be destroyed. Any justice of the superior court has jurisdiction in equity upon such notice as he or she may order to require that the name of the person making application for an absentee ballot be placed upon the checklist or registered as a member of any party and be sent an absentee ballot.
RSA 657:19 Sending Ballots. Upon receipt of a properly executed application for an official armed services absentee ballot or an overseas citizens federal election absentee ballot, whether the form supplied by the secretary of state, the federal post card application, or a written statement containing the information required by RSA 657:4, a town or city clerk shall send the materials provided for in RSA 657:8 or 657:9, as applicable, regardless of whether the applicant appears on the checklist, and if the applicant requests that the application be considered an application for an absentee ballot for each subsequent election for federal office through the next 2 regularly scheduled general elections, including primaries, for federal office, the town or city clerk shall provide an absentee ballot to the applicant for each such subsequent election. Whenever an armed services voter or an overseas citizen federal voter requests a state general election ballot prior to October 1 to be mailed to an address outside of the United States, he or she shall be sent the same ballot as provided in RSA 656:34. No town or city clerk shall refuse to accept or process an otherwise valid voter registration application or absentee ballot application submitted by an absent armed services voter or federal overseas citizen voter on the grounds that the application was submitted before the first date on which the state otherwise accepts or processes such applications for that election submitted by absentee voters. A town or city clerk who does not certify a voter registration application or absentee ballot application shall provide the absent armed services voter or federal overseas citizen voter the reason for not certifying a voter registration application or an absentee ballot application.
RSA 657:19-a Federal Post Card Application. Delete the words “in Canada or Mexico or in any other country” and “continental”.
RSA 658:29 Statutes Posted. The secretary of state shall prepare and distribute copies of the following RSA sections which the selectmen shall post or cause to be posted outside the guardrail in the polling place: RSA 654:7-a, RSA 654:7-b, RSA 654:38, RSA 654:39, RSA 658:29, RSA 659:27, RSA 659:30, RSA 659:31, RSA 659:32, RSA 659:103, RSA 665:17, RSA 666:4, RSA 666:5, RSA 666:8, RSA 666:12. In addition, the secretary of state shall include any other statutes or regulations that are required to be posted by state or federal law. The secretary of state may also include statutes or regulations that, in the secretary of state’s judgment, would aide a voter in casting a vote or in contacting the appropriate official if the voter believes that his or her voting rights are being violated.
RSA
659:25 Time Allowed for Voting. The voter shall mark and deliver the
ballot without undue delay and shall leave the enclosed space within the
guardrail as soon as he or she has delivered the ballot to the
moderator. No voter shall be allowed to occupy a voting booth already occupied
by another voter nor be allowed to remain within the enclosed space more than
the time determined by the moderator.
RSA 659:26-a Hours of Polling Extended by Order. In any federal election where hours of polling are extended by a federal or state court order or other order, the moderator or his or her designee shall mark all ballots cast during the extended hours of polling “EH.” These extended hours ballots shall be counted in the usual manner, but shall be separated and held apart from other ballots when stored.
RSA 659:30 Affidavit. The affidavit of a challenged voter, a voter citizenship affidavit, a voter domicile affidavit, or any other affidavit required by the election statutes may be sworn before any person authorized by law to administer oaths on or before any election officer.
RSA 659:34 Wrongful Voting: Penalties for Voter Fraud. I. A person is subject to a civil penalty not to exceed $5,000 if such person:
(a) When registering to vote; when obtaining an official ballot; or when casting a vote by official ballot, makes a false material statement regarding his or her qualifications as a voter to an election officer or submits a voter registration form, and election day registration affidavit, a citizenship affidavit, a domicile affidavit, or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter;
(b) Votes more than once for any office or measure;
(c) Applies for a ballot in a name other than his or her own;
(d) Applies for a ballot in his or her own name after he or she has voted once;
(e) Votes for any office or measure at an election if such person is not qualified to vote as provided in RSA 654; or
(f) Gives a false name or answer if under examination as to his or her qualifications as a voter before the supervisors of the checklist or moderator.
II. A person is guilty of a class A misdemeanor if, at any election, such person purposefully or knowingly commits any of the acts listed in paragraph I.
III. The attorney general is authorized to impose a civil penalty under paragraph I
(a) The attorney general may impose a civil penalty by providing written notice to the person:
(1) Setting forth the date, facts, and nature of each act or omission which makes the person liable to pay a civil penalty;
(2) Specifically identifying the particular provision or provisions of the law involved in each violation; and
(3) Advising the person of each penalty that the attorney general imposes and its amount.
(b) The written notice shall be served in hand or sent by registered or certified mail to the last known address of such person. The person shall have 30 days to pay any civil penalty assessed under this section to the secretary of state for deposit into the general fund.
IV. The decision of the attorney general to impose a civil penalty may be appealed to superior court. An appeal must be filed within 30 days of the date on which the person received it.
V. The attorney general is authorized to institute a civil action to collect a penalty imposed pursuant to this section. The attorney general shall have the exclusive power to compromise, mitigate, or remit such civil penalties.
RSA 659:40-a Interference With Communications. Any person who, on the day of any election, knowingly blocks, or solicits another person to block, the access of any candidate or committee to the candidate’s or the committee’s communications equipment or services with the intent of interfering with campaign activity shall be guilty of a class A misdemeanor.
RSA
659:44-a Electioneering by Public Employees. No public employee, as
defined in RSA 273-A:1, IX, shall electioneer while in the performance of his or
her official duties or use government property, including, but not limited to,
telephones, facsimile machines, vehicles, and computers, for electioneering.
For the purposes of this section, “electioneer” means to act in any way
specifically designed to influence the vote of a voter on any question or
office. Any person who violates this section shall be guilty of a misdemeanor.
RSA 659:95 Sealing and Certifying Ballots. I. Immediately after the ballots…..appropriate blanks on the sealer. [In paragraph I change “or his designee” to “or the moderator’s designee” in two places.
II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged absentee ballots still contained in their envelopes, prepared or preserved in accordance with the election laws shall be exempt from the provisions of RSA 91-A. This exemption shall apply to any ballots or absentee voter affidavit envelopes prepared for or used in any election conducted by the state or any political subdivision, including federal elections.
RSA 659:101 Preservation of Absentee Voting Materials, Election Day Affidavits, and Domicile Affidavits. The affidavit envelopes and application forms processed by the moderator as provided in RSA 659:50, and the citizenship affidavits and domicile affidavits as provided in RSA 654:12 and any other documentary proof of qualifications retained by the town or city clerk, the supervisors of the checklist, or other election official may be preserved in the same manner that ballots are preserved and may be destroyed one year after the first state general election at which the individual may vote.
RSA 660:3 Number of Recounts. Any candidate for whom a vote was cast for any office at a state general election shall be entitled to apply for only one recount under this chapter, and the declaration made by the secretary of state under RSA 660:6 shall be final, subject to a change in the result following an appeal to the ballot law commission, as provided in RSA 665:8, II. If more than one candidate for the same office in the same district applies for a recount under this chapter, and a recount is completed, such applications shall not result in a second recount.
RSA
660:6, I. If the recount shall show that some candidate other than the one
declared elected upon the original canvass of votes has the greatest number of
votes cast for the office, the secretary of state shall declare said candidate
to be elected; and, unless the result is changed upon an appeal taken to the
ballot law commission, as provided in RSA 665:8, II, such candidate shall
be entitled to a certificate of election.
RSA
660:9 Declaration of Result, State Primary. If the recount after a state
primary……to the ballot law commission in accordance with RSA 665:6, I. If
the person who applied for the recount was thereby shown to be the one chosen as
the candidate of the party, the person shall also have any fee
paid returned.
RSA
660:9-a Declaration of Result, Presidential Primary. If the recount after a
presidential primary election……to the ballot law commission in accordance with
RSA 665:6, I. If the person who applied for the recount was thereby shown
to be entitled to federal funding or at least one more delegate under RSA
659:93, the person shall also have any fee paid returned.
RSA 660:16 Disposal of Ballots. I. Upon the conclusion of every recount,……having jurisdiction over them.
II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged absentee ballots still contained in their envelopes, prepared or preserved in accordance with the election laws shall be exempt from the provisions of RSA 91-A. This exemption shall apply to any ballots or absentee voter affidavit envelopes prepared for or used in any election conducted by the state or any political subdivision, including federal elections.
RSA 661:9, I. If a vacancy occurs in the office of county sheriff, county attorney, register of deeds, or county treasurer, the members of the county convention shall fill the vacancy for the unexpired term by majority vote.
II. (a) If a vacancy occurs in the office of a county commissioner, the members of the county convention shall fill the vacancy by majority vote until the next biennial election of county officers. If the term filled is less than the unexpired term, then notwithstanding any provisions of RSA 653:1, VI, the commissioner district filled pursuant to this paragraph shall be added to the next biennial election ballot to be chosen by the voters of the county for a 2-year term. [Sections (b) and (c) remain unchanged.
RSA 664:14-a Prerecorded Political Messages. I. In this section, “prerecorded political message” means a prerecorded audio message delivered by telephone by:
(a) A candidate or political committee; or
(b) Any person when the content of the message expressly or implicitly advocates the success or defeat of any party, measure, or person at any election, or contains information about any candidate or party.
II. No person shall deliver or knowingly cause to be delivered a prerecorded political message unless the message contains , or a live operator provides, within the first 30 seconds of the message, the following information:
(a) The name of the candidate or of any organization or organizations the person is calling on behalf of.
(b) The name of the person or organization paying for the delivery of the message and the name of the fiscal agent, if applicable.
III. No person shall deliver or knowingly cause to be delivered a prerecorded political message to any telephone number on any federal do not call list.
IV. (a) A violation of this section shall result in a civil penalty of $5,000 per violation.
(b) Any person injured by another’s violation of this section may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act or practice was a willful or knowing violation of this section, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney’s fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this section without bond, subject to the discretion of the court. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.
RSA
664:18, II(a) Issue an order requiring the violator to cease and desist
from his or her violation. If the attorney general’s order is not
obeyed, the attorney general or designee may petition the superior court of the
county in which the violation occurred for an order of enforcement. [Removes
requirement that petition needs to be filed with ballot law commission.]
RSA 664:21, II. Any fine assessed under the provision of this section shall be paid to the secretary of state for deposit into the election fund established pursuant to RSA 5:6-d.
665:1
Organization. I. There shall be a ballot law commission consisting of 5 members.
Two members shall be appointed by the speaker of the house of representatives,
one from each of the 2 major political parties in the state based on votes cast
for governor in the most recent state general election. Two members shall be
appointed by the president of the senate, one from each of the 2 major political
parties in the state based on votes cast for governor in the most recent state
general election. One member shall be appointed by the governor with the advice
and consent of the council, and shall be a person particularly qualified by
experience in election procedure. No person shall be appointed to the
commission who holds an elected office or who is an election official. The
terms of all commissioners shall be for 4 years, except that the first
appointments shall be as follows: the members appointed by the speaker of the
house of representatives shall be appointed for terms of 2 years, the members
appointed by the president of the senate shall be appointed for terms of 3
years, and the member appointed by the governor shall be appointed for a term of
4 years. A member may be re-appointed upon the expiration of his or her term.
The members shall elect annually a chairperson from among the members. Members
shall be appointed and terms of office shall expire on July 1. Vacancies shall
be filled in the same manner for the unexpired term. The secretary of state
shall be recording officer and clerk of the commission, but shall have no vote
in its decisions.
II. There shall be 5 alternate members for the ballot law commission. Two alternate members shall be appointed by the speaker of the house of representatives, one from each of the 2 major political parties in the state based on votes cast for governor in the most recent state general election. Two alternate members shall be appointed by the president of the senate, one from each of the 2 major political parties in the state based on votes cast for governor in the most recent state general election. One alternate member shall be appointed by the governor with the advice and consent of the council, and shall be a person particularly qualified by experience in election procedure. The alternate members appointed by the speaker of the house of representatives and the president of the senate shall not be members of the general court. The terms of all alternate members shall be for 4 years, except that the first appointments shall be as follows: the alternate members appointed by the speaker of the house of representatives shall be appointed for terms of 2 years, the alternate members appointed by the president of the senate shall be appointed for terms of 3 years, and the alternate member appointed by the governor shall be appointed for a term of 4 years. The term of each new alternate member shall begin on July 1.
RSA 665:2 Alternate Member. There shall be 5 members present in person at all meetings. In case any member of the commission is absent from any meeting or unable to perform his or her duties or disqualifies himself or herself as commissioner, an alternate member who shall have the same qualifications as those of the commissioner whose place he or she is temporarily filling shall perform the duties of the commissioner.
RSA 665:3 Political Contributions Prohibited. No ballot law commission member shall make a contribution, as defined in RSA 664:2, to any candidate for office or political committee.
RSA 665:4 Compensation. The commissioners shall receive such compensation for their services as shall be approved by the governor and council. All bills for supplies required by the commission, necessary expenses of the commissioners, and fees of witnesses summoned by the commission shall be paid by the state upon the approval of the governor and council.
RSA 665:5 Hearing Date. I. If necessary, the ballot law commission shall meet on the fourth Friday of September in each general election year in order to hear and decide:
(a) Written objections filed pursuant to RSA 665:6, I and II; and
(b) Written appeals filed pursuant to RSA 665:8, I.
II. The ballot law commission shall meet on the fourth Monday in November in each general election year. The commission shall hear and decide all pending matters concerning the election of persons to the New Hampshire general court. At this time, the commission may also act on any other pending matters.
III. The ballot law commission shall also meet at such other times as may be necessary as provided in RSA 655:31, RSA 665:8, II, and RSA 665:9
Jurisdiction
RSA 665:6 General Duties. The ballot law commission shall have jurisdiction in the following cases: I. When the nominations at the primary, as declared pursuant to RSA 659:86-89, are in apparent conformity with law, they shall be valid unless changed upon recount as provided by law or unless written objection to their conformity with the law shall be filed with the secretary of state within 3 days of the date of publication of the results of the primary by the secretary of state under RSA 659:89; or, if there is a recount for the office in question, within 3 days after the declaration of the secretary of state upon such recount. If written objections are filed, the secretary of state shall forthwith notify the ballot law commission of such filing. The ballot law commission shall then meet as provided in RSA 665:5 in order to hear and decide all the objections. The decision of the ballot law commission in such cases shall be final as to questions both of law and fact, and no court shall have jurisdiction to review such decision.
II. When nomination papers as provided in RSA 655:40-43 or the filling of vacancies in nominations occurring after the primary as provided in RSA 655:37-39 are in apparent conformity with law, they shall be valid unless written objection to their conformity with the law shall be filed with the secretary of state within the time limit provided in RSA 655:44 in the case of nominations by nomination papers or within 3 days of the date on which the appointment to fill a vacancy is filed with the secretary of state in the case of filling vacancies in nominations. If written objections are filed, the secretary of state shall forthwith notify the ballot law commission of the filing. The ballot law commission shall then meet as provided in RSA 665:5 in order to hear and decide all the objections. The decision of the ballot law commission in such case shall be final as to questions both of law and fact, and no court shall have jurisdiction to review such decision.
III. The jurisdiction vested in the ballot law commission under paragraph I and II of this section shall be exclusive of all other remedies.
RSA 665:7 Filing Disputes. The ballot law commission shall hear and determine disputes arising over whether nomination papers or declarations of candidacy filed with the secretary of state conform with the law. The decision of the ballot law commission in such cases shall be final as to questions both of law and fact, and no court shall have jurisdiction to review such decision.
RSA 665:8 Appeals from Recounts. The ballot law commission shall hear and determine appeals from recounts in the following cases:
I. In case of a primary recount as provided in RSA 660:7-9-a, any person voted for upon the ballot of any party who, by declaration of the secretary of state upon recount, was not chosen as the candidate of such party may, within 3 days after said declaration, appeal therefrom to the ballot law commission by filing a written appeal with the secretary of state. The secretary of state shall forthwith notify the ballot law commission of the filing. The ballot law commission shall then meet as provided in RSA 665:5 in order to hear and decide the appeal and shall, on the appeal, consider and review all the rulings of the secretary of state on ballots protested during the recount. In no case may the ballot law commission order a second recount. If, after the review, it shall appear that the appellant was nominated, the commission shall change the declaration of the secretary of state and issue a certificate of nomination to the appellant. The decision of the ballot law commission in such cases shall be final as to questions both of law and fact, and no court shall have jurisdiction to review such decision. The jurisdiction vested in the commission under this paragraph shall be exclusive of all other remedies.
II. In case of an election recount as provided in RSA 660:1-6, any candidate who, by declaration of the secretary of state upon recount, did not have the greatest number of votes may, within 3 days after said declaration, appeal therefrom to the ballot law commission by filing his written appeal with the secretary of state. The ballot law commission shall forthwith meet, hear, and decide such appeal and shall, on such appeal, consider and review all the rulings of the secretary of state on ballots protested during the recount. In no case may the ballot law commission order a second recount. If, after the review, it shall appear that the appellant had the greatest number of votes, the commission shall change the declaration of the secretary of state and issue a certificate of such changed declaration to the appellant. The decision of the ballot law commission under this paragraph shall be subject to appeal as provided in RSA 665:16. The jurisdiction vested in the commission under this paragraph shall be exclusive of all other remedies. Nothing contained in this paragraph shall be construed to bar any person from recourse to the superior court on other questions, within the jurisdiction of such court, relating to the legality or regularity of general elections or the results thereof.
RSA 665:9 Name on Ballot Disputes. The ballot law commission shall hear and determine all disputes arising over the form of his or her name which a candidate designates to be printed on the state primary and state general election ballot, as provided in RSA 655:14-b. The decision of the ballot law commission shall be final as to questions of both law and fact, and no court shall have jurisdiction to review the decision.
RSA 665:9-a Administrative Complaint Resolution. The ballot law commission shall hear and resolve complaints of federal voting law violations, pursuant to the Help America Vote Act of 2002, Public Law 107-252, as provided in RSA 666:14.
Procedures
RSA 665:10 Rules. The commission shall have power to adopt and publish rules to govern its proceedings and to regulate the mode and manner of all hearings or proceedings before it. Said rules shall be published and made available at the office of the secretary of state. All hearings shall be open to the public.
RSA 665:11 Evidence. In any hearing, the commission shall not be bound by the technical rules of evidence; but its findings must be supported by reliable, probative, and substantial evidence. A stenographic transcript shall be made of all oral testimony submitted to the commission; and such transcript together with the exhibits, ballots, and papers filed in the proceedings shall be the exclusive record of its decision. Decisions of the commission shall be made in writing and filed with the secretary of state. Reasonable notice of all hearings before the commission shall be given by the secretary of state by registered mail. In cases of recount appeals under RSA 665:8, notice shall be given to all candidates for the particular nomination or office in question. In cases arising under RSA 665:6, notice shall be given to the person or persons filing objections and to the candidate or candidates to whose nomination objections have been filed. At all hearings, interested parties may appear, present relevant evidence, be represented by counsel, and cross-examine opposing witnesses. The records of the commission in any proceeding before it shall be preserved for at least 6 months after the election in question.
RSA 665:12 Subpoenas; Oaths. The commission shall have power to subpoena witnesses and administer oaths in any proceeding before it and to compel by subpoena duces tecum the production of any checklist, tally sheet, or other document or thing of any kind whatever.
RSA 665:13 Witness Fees. Witnesses summoned before the commission shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons issued by any justice of the peace shall have the same effect as though issued for appearance before such court.
RSA 665:14 Testimonial Privilege. No witness in any proceeding before the commission shall be excused from giving testimony or producing documentary evidence upon the ground that such testimony or documentary evidence could tend to incriminate the witness; but, if the witness claims immunity hereunder, no such testimony or documentary evidence shall be used against him or her in any criminal prosecution; nor shall the witness be liable to criminal prosecution for any matter disclosed thereby.
RSA 665:15 Perjury. No person testifying before the commission shall be exempt from prosecution or punishment for any perjury committed by him or her in his or her testimony.
Appeal
RSA 665:16 Appeal From Decisions. There may be an appeal to the supreme court from the decisions of the ballot law commission made under RSA 665:8, II as provided in this section and not otherwise. Such appeal shall be filed with the clerk of the supreme court within 5 days after the decision of the commission is filed with the secretary of state. Such appeal shall be limited to questions of law. Findings of fact made by the commission shall be final if supported by the requisite evidence. The supreme court may hold a special session to consider such appeal if it considers such action necessary. Appeals under this section shall be limited to contested elections for the offices of presidential elector, governor, councilor, and town and city or city ward offices voted for at general elections. No appeal may be made under this section in the cases of contested elections for the offices of United States senator, representative in congress, state senator, or representative to the general court in view of the constitutional provisions vesting in both houses of congress and both houses of the general court exclusive jurisdiction over the elections and qualifications of their respective members.
Enforcement
RSA 665:17 Enforcement of Orders of Ballot Law Commission. The superior court shall have jurisdiction in equity to enforce any order of the ballot law commission issued hereunder.
RSA
666:7-a Impersonation of Candidates. Any person who places a telephone
call during which the person falsely represents himself or herself as a
candidate for office shall be guilty of a misdemeanor.
RSA 666:14 Administrative Complaint Procedures. The attorney general may establish an administrative complaint procedure for the resolution of complaints of federal voting law violations, pursuant to the Help America Vote Act of 2002, Public Law 107-252. The attorney general may adopt administrative rules under RSA 541-A to implement the complaint resolution procedures. The ballot law commission is hereby designated as the body providing alternative dispute resolution as required by section 402(a)(2)(I) of the Help America Vote Act of 2002, Public Law 107-252.
RSA 669:27, III Envelopes of sufficient size to contain the ballots specified in paragraph I, on which shall be printed the following affidavit:
Absence. A person voting by absentee ballot because of absence from the place in which he or she is entitled to vote shall fill out and sign the following certificate:
I do hereby certify, under the penalties for voting fraud set forth below,
that I am a voter in the town (city, village district, school district) of
_____________, New Hampshire, that I will be absent on election day from said
town (city, village district, school district) and will be unable to vote in
person; that I have carefully read the instructions forwarded to me with the
ballot herein enclosed, and that I personally marked the within ballot and
enclosed and sealed it in this envelope.
(Signature) _________________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
Absence Because of Religious Observance or Physical Disability. A person voting by absentee ballot because of religious observance or physical disability shall fill out and sign the following certificate:
I do hereby certify, under the penalties for voting fraud set forth below, that I am a voter in the town (city, village district, school district) of _____, New Hampshire, that I will be observing a religious commitment which prevents me from voting in person, or that on account of physical disability I am unable to vote in person; that I have carefully read the instructions forwarded to me with the ballot herein enclosed, and that I personally marked the within ballot and sealed it in this envelope.
(Signature) _________________________
In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000.
RSA 669:31 Notice; Fee. I. The clerk shall notify each of the candidates for the office for which there is to be a recount at least 3 days prior to the day appointed for the recount of ballots. No other notice shall be required.
II. The applicant shall pay to the town clerk, for the use of the town, the following fee:
(a) If the difference between the vote cast for the applying candidate and a candidate declared elected is less than one percent of the total votes cast, the fee shall be $10.
(b) If the difference between the vote cast for the applying candidate and a
candidate declared elected is between one percent and 2 percent of the total
votes cast, the fee shall be $20.
(c) If the difference between the vote cast for the applying candidate and a candidate declared elected is between 2 percent and 3 percent of the total votes cast, the fee shall be $40.
(d) If the difference between the vote cast for the applying candidate and a candidate declared elected is greater than 3 percent of the total votes cast, the candidate shall pay the fee as provided in RSA 669:31, II(c) and shall agree in writing with the town clerk to pay any additional cost of the recount.
III. If any person who has applied for a recount is declared elected by reason of the recount, the town clerk shall return to the person within 10 days of the recount all fees paid at the time of applying.
IV. If any person who has applied for a recount loses the recount by a margin of less than one percent of the total votes cast, the town clerk shall return to the person within 10 days of the recount any fees that were paid in excess of those required by subparagraph II(a).
RSA 669:33 Preservation of Ballots after Recount. I. Upon the conclusion of the recount,…..before the superior court.
II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged absentee ballots still contained in their envelopes, prepared or preserved in accordance with the election laws shall be exempt from the provisions of RSA 91-A. This exemption shall apply to any ballots or absentee voter affidavit envelopes prepared for or used in any election conducted by the state or any political subdivision, including federal elections.
RSA 671:15 Checklist. An updated checklist shall be used at all school district elections and meetings for the same purposes as checklists are used by towns as provided in RSA 669:5. Any school district which is coextensive with the town in which it is located may, at an annual meeting under an article in the warrant for such meeting, vote to adopt as the checklist for school meetings the checklist of the town. In case of such adoption, the supervisors of the town checklist, acting as supervisors of the school district checklist, shall correct, certify, and post the checklist for the district as provided in RSA 654:25-654:31. The session required to be held 10 days before the school district meeting or election may coincide with the session for correction held for the town meeting or election provided that the school meeting or election coincides with the town meeting or election. If the school meeting or election is held at a time other than the town meeting or election, a separate session for correction of the checklist shall be required to be held 10 days prior to the school district meeting or election. [Removed requirement for session for checklist correction previously required to be held 3 weeks prior to a school district election.]