656:1 General Responsibility. Ballots for use in all state elections shall be prepared and delivered by the secretary of state at the expense of the state.

656:1-a Paper Ballots.  For purposes of facilitating the examination and recounting of votes cast, all elections shall be conducted using paper ballots in accordance with this title

656:2 Prohibitions. No person engaged in preparing or printing a state election ballot shall purloin, give away, or allow to be removed any such ballot. Whoever knowingly violates this provision shall be guilty of a misdemeanor if a natural person or shall be guilty of a felony if any other person.

656:3 Preparation. At least 6 days before any state general election is to be held, the official state general election ballot shall be sent by the secretary of state to the city and town clerks.

656:4 Name and Domicile. Every state general election ballot shall contain the name of each candidate who has been nominated in accordance with the election laws, except as hereinafter provided, and shall contain no other name except party appellations. The names and addresses of the presidential electors shall not be printed on the ballot; but, in lieu thereof, the names of a party's candidates for president and vice-president shall be printed thereon under the designation for "President and Vice-President of the United States".

656:5 Party Columns. The names of all candidates nominated in accordance with the election laws shall be arranged upon the state general election ballot in successive party columns.  Each separate column shall contain the names of the candidates of one party; except that, if only a part of a full list of candidates is nominated by a political party, 2 or more such lists may be arranged whenever practicable in the same column. The party columns that list the names of candidates for offices that elect more than one person shall stagger the names of the candidates so that they do not line up evenly in a horizontal direction.  The left-most column shall begin one line below the column to its right.  The secretary of state shall determine the location of any additional columns that may appear on the ballot.

656:6 Designation of Office. Immediately to the left of the set of party columns shall be an offices column which shall list the offices, each preceded by the word “For,” for which the candidates whose names are listed in the party columns have been nominated, as in “For Governor.”  Below each such phrase shall be printed in small but easily legible letters “Vote for not more than _____ (here insert a number designating how many persons are to be voted for).”

656:7 Order of Offices. The order of the officers on the ballot shall be as follows: president and vice-president of the United States, governor, United States senator, representative in congress, executive councilor, state senator, state representative and county officers.

656:7-a Order of Representative Districts. In places which are electing representatives to the general court from more than one district, the order of officers on the ballot for that place shall list the candidates for representative to the general court in the numerical order of the districts from which they are running with the lower numbered district being listed first.

656:8 Squares. Directly at the right of the name of each candidate there shall be a square, box, oval, or other appropriate symbol for directing voters where to make the appropriate mark; except that, in the case of president and vice-president of the United States, one square, box, oval, or other appropriate symbol shall suffice which shall be placed opposite the designation “President and Vice-President of the United States”.

656:9 Party Designation. Above each party column shall be printed in large, plain letters the name of the political party by which the candidates in such column were nominated.

656:10 Straight Ticket Voting. Repealed by Chapter 1, Laws of 2007.

656:11 Party Emblem. Repealed by Chapter 1, Laws of  2007.

656:12 Write-In Blanks. At the end of the list of candidates for each office, there shall be left as many blank lines as there are offices to be filled which a voter may use to write in the name of any person for whom the voter desires to vote.

656:13 Questions on the Ballot. Except as provided in RSA 656:14, whenever a question is submitted to voters at a state general election as provided in RSA 663, the question shall be printed on the state general election ballot following the offices columns. Printed after the question there shall be 2 squares, one with the word "yes" beside it and another with the word "no" beside it.

656:14 Constitutional Amendments. The question of whether to approve a proposed constitutional amendment may be submitted to the vote of the people at a state general election but may be on a special and separate ballot as provided in RSA 663:2.

656:15 Paper. The state general election ballot shall be printed on plain white paper in weight not less than that of ordinary printing paper. A constitutional question submitted on a separate ballot shall be printed on colored paper.

656:16 Uniformity; Folding. There shall be no impression or mark to distinguish one general election ballot from another. The names of all candidates shall be printed in uniform type, and the ballots for each town and city shall be such that their width and length when folded shall be uniform.

656:17 Endorsement. Upon the back of each state general election ballot shall be printed the words "Official ballot for" followed by the name of the town for which the ballot is prepared, the date of the state general election and a facsimile of the signature of the secretary of state.

656:18 Sample Ballots. The secretary of state shall cause to be printed for each town l0 sample ballots. Such ballots shall be printed on tinted paper without facsimile endorsement but shall otherwise be identical to the state general election ballot. The sample ballots shall be forwarded as soon as printed to each town or ward clerk who shall post one copy in 2 public places in the town or ward within one day of their receipt and save the remainder to be posted on the day of the election as provided in RSA 658:26.

656:19 Number. At each state general election, the secretary of state shall furnish each town or city the state general election ballots in a number which the secretary of state shall deem sufficient for voting in the state general election.

656:20 Time for Delivering Ballots to Town and City Clerks.
I. The secretary of state shall send the state general election ballots in a sealed package to the town and city clerks so they shall receive them no later than Tuesday immediately preceding the day of the state general election. The package shall be marked on the outside to clearly designate the town or city for which it is intended and the number of ballots enclosed. The secretary of state shall keep a record of the time when and the manner in which the packages were sent to the clerks and a record of the number of ballots so forwarded. A town or city clerk shall sign a receipt for the ballots received.

II. Each town or city clerk, prior to election day, shall open the package in which the ballots are enclosed, in the presence of at least one other legal voter, to verify that the ballots in the package are all the proper ballots for that town or city. The clerk and one other legal voter shall then reseal the package with the sealing label provided by the secretary of state.

656:21 Pasters. In the event that a candidate dies or is disqualified as provided in RSA 655:38 or 655:39, the name of the substitute candidate shall be printed on the state general election ballot. If the state general election ballots have already been prepared and time will permit, the secretary of state may authorize adhesive slips or pasters with the name of the substitute candidate thereon to be printed and sent to the town or city clerks representing the territory wherein the deceased or disqualified candidate was to be voted for. Such paster shall be affixed to the ballots as provided in RSA 658:34. The name of the substitute candidate shall be received by the secretary of state no later than the Tuesday prior to the election in order for a substitute name to be placed on the ballot.

656:22 Preparation. The official state primary election ballots shall be prepared by the secretary of state and shall be delivered by the secretary of state to town and city clerks so that the ballots shall be received not later than the Tuesday immediately preceding the state primary election. Each town and city clerk, in the presence of at least one other legal voter, shall verify the contents of the ballot package as provided under RSA 656:20 and reseal the ballots for use on election day.

656:23 General Form. The state primary election ballot shall be as nearly as practicable in the same form as the state general election ballot.

656:24 Order of Names. With the exception of the office of state representative, whenever there are 2 or more candidates for nomination to the same office, the names of such candidates shall be alternated on the state primary election ballots used so that each name shall appear thereon as nearly as may be an equal number of times at the top, at the bottom, and in each intermediate place, if any, of the list in which it belongs. Names of candidates for nomination to the office of state representative shall be arranged in the alphabetical order of their surnames.

656:25 Color; Party Designation. The state primary election ballots of all parties shall be printed upon colored paper, but no ballots of any political party shall be printed upon paper of the same or a closely similar color as the ballots of another political party. On the back of each ballot shall be printed in prominent type the name of the party.

656:26 Number. The secretary of state shall furnish to each town or ward clerk the state primary election ballots of each political party in a number which the secretary of state shall deem sufficient for voting in the state primary.

656:27 Number for New Party. For the first state primary election at which a political party has candidates for nomination, the secretary of state shall print for said party a sufficient number of state primary election ballots which in the secretary of state's discretion shall most closely approximate the figures provided in RSA 656:26.

656:28 Sample Ballots. The secretary of state shall furnish 10 sample state primary election ballots of each political party printed on white paper to each town or ward clerk and, upon request, a reasonable number of such sample ballots to each person whose name appears upon the ballot as a candidate. Each town or ward clerk shall post one sample ballot of each political party in each of 2 public places in the clerk's town or ward within one day of receiving such sample ballots and save the remainder to be posted on the day of the primary as provided in RSA 658:26.

656:29 Preparation. The official presidential primary election ballot for each political party shall be sent by the secretary of state so as to be received by the city and town clerks no later than the Tuesday immediately preceding the presidential primary. Each town and city clerk, in the presence of at least one other legal voter, shall verify the contents of the ballot package as provided under RSA 656:20 and reseal the ballots for use on election day.

656:30 General Form. The presidential primary election ballot shall be as nearly as practicable in the same form as the state primary election ballot.

656:31 Form. On the presidential primary election ballot of each political party, there shall be one column for the office of president and one for the office of vice-president.  The columns shall be headed “Candidate of the (insert name of party) Party for President (or Vice-President) of the United States.”  Underneath this heading there shall appear the words: “I hereby declare my preference for candidate for the office of President (or Vice-President) of the United States to be as follows.”  Below these words, there shall be printed “(VOTE FOR NOT MORE THAN ONE)” followed by the name, town or city, and state of each candidate with boxes directly to the right. There shall always be one blank space on the ballot below the candidates’ names to allow for writing in the name of a candidate.  If no one files for the office of vice-president, that office shall not be listed on the ballot.

656:32 Other Provisions. The provisions of RSA 656:24 - 656:28 relating to state primary election ballots shall apply to presidential primary ballots, except that candidates on the presidential primary ballot shall be listed in the alphabetical order of their surnames.

656:33 Official Absence, Religious Observance, and Disability Absentee Ballots. Prior to any state election, the secretary of state shall prepare, in such quantity as the secretary of state may deem necessary, absence, religious observance, and disability absentee ballots in the same form as nearly as practicable as the official ballot to be used at said election. Said absentee ballots shall have the words "absentee ballot" printed on them and shall be similarly endorsed and printed on paper of the same color as that used for official ballots.

656:34 Official Overseas Citizens Federal Election Absentee Ballot. Prior to any federal election, the secretary of state shall prepare, in such quantity as the secretary of state may deem necessary, overseas citizens federal election absentee ballots as nearly as practicable in the same form as the official ballot to be used at said election. Said ballots shall have the words "official overseas citizens federal election absentee ballot" printed on them and shall be similarly endorsed and printed on paper of the same color as that used for official and absence and disability ballots. Such ballots shall provide for voting absentee only for candidates seeking election to federal offices and for no other candidates.

656:35 Armed Services Absentee Ballot. Prior to any state election, the secretary of state shall prepare, in such quantity as the secretary of state may deem necessary, armed services absentee ballots in the same form as the absence and disability absentee ballot to be used at said election.

656:36 Questions on the Ballot. Whenever a question to voters is printed on an official state election ballot, the secretary of state shall ensure that said question is also printed on the absence and disability absentee ballot and on the armed services absentee ballot, except as otherwise provided.

656:37 Constitutional Amendments. Whenever a question to voters related to a proposed constitutional amendment is printed on a special and separate ballot as provided in RSA 663:3, the question shall also be printed on a separate absentee ballot of the same color as the ballot used for constitutional questions by in-person voters, shall be included with each absence and disability or armed services absentee ballot and shall have printed on it the words "absentee ballot."

656:38 Forwarding Absentee Ballots. The secretary of state shall forward absentee ballots to the town and city clerks as provided in RSA 657:10.

656:39 Preparation of Special Ballots. The secretary of state shall prepare special state election ballots for inhabitants of unincorporated places as provided in RSA 668.

656:40 Adoption. The mayor and aldermen of any city or the selectmen of any town, subject to the approval of the ballot law commission, may authorize the use of one or more voting machines or devices for computerized casting and counting of ballots in such city or town on a trial basis for any regular or special election and pay the expense of such trial from any available funds. The use of such machines or devices so authorized shall be valid for all purposes. Any town, or the mayor and aldermen of any city, may vote to lease or purchase voting machines or devices for the elections held in said town or city. Any town, or the mayor and aldermen of any city, so acting shall notify the secretary of state of the action taken in regard to voting machines or devices; and, after said action, voting machines or devices shall be used in said town or city in accordance with said vote or authorization. Notwithstanding any vote of adoption of voting machines, the mayor and aldermen of any city or the selectmen of any town may petition the ballot law commission to allow the use of paper ballots in any one or more elections.

656:41 Approval by Ballot Law Commission. The ballot law commission shall act as a board to examine voting machines and devices for computerized casting and counting of ballots. The commission shall, whenever requested, examine any voting machine or device which may be capable of meeting the requirements for elections held in this state. The commission shall approve such voting machine or device in its discretion, and no voting machine or device shall be used in any election in this state unless it reads the voter's choice on a paper ballot and is of a type so approved by the ballot law commission. Any voting machine or device that is altered must be re-approved before it is used in any election in this state. For the purposes of this section, a machine shall be considered altered if any mechanical or electronic part, hardware, software, or programming has been altered.

656:42 Rules. I. The ballot law commission shall make such rules as may be necessary to ensure the accuracy of voting machines or devices, including rules for the testing of voting machines or devices prior to each election and the submission of testing records to the secretary of state. The ballot law commission shall make such rules as may be necessary in order that voting machines or devices for computerized casting and counting of ballots may be used in this state in such a manner that the election laws may be complied with as far as possible. Said commission shall have the power and authority in making rules to declare certain laws relative to distribution and marking of ballots and other requirements inconsistent with the use of voting machines or devices ineffective in towns and cities adopting such a method of voting. The presiding officer at each polling place shall enforce the rules of the ballot law commission made under the authority of this section.

II. Consistent with the rules of the ballot law commission the secretary of state shall include protocols for the testing of voting machines in the election manual authorized by RSA 652:22. Each machine shall be tested after installation and prior to each election.

III. Any company, partnership, proprietorship, or other person, wherever located, which supplies, maintains, or programs voting machines which are used in elections in New Hampshire is subject to regulation by this state.

IV. Each person described in paragraph III shall designate, in writing, an agent for service of all process, including, but not limited to summonses, writs, orders, petitions, and subpoenas, and shall agree in writing that the attorney general, in conjunction with any election investigation, may inspect its records, machines or other devices, and premises.

V. Any such person described in paragraph III who fails to properly program and test voting machines shall be liable to reimburse the state for the cost of any recount which is necessitated by such failure.

VI. Any person who knowingly violates the testing procedures established under this section or the rules of the ballot law commission shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

656:43 Lease or Purchase. Any town or city authorizing the use of a voting machine or a device for computerized casting and counting of ballots shall pay the cost of lease or purchase. When such a machine or device is purchased by a town or city, the person from whom such machine is purchased shall give to the secretary of state a suitable bond with sufficient sureties to keep such machine in good working order for not less than 2 years at the seller's own expense.

656:43-a Replacement. If a city or town decides to replace all of its lever voting machines or devices for computerized casting and counting of ballots, it may, as a substitute, use the regular hand counted paper ballot system or one of the several approved voting machines or devices for the counting of ballots which reads the voter's choice on a paper ballot.

656:44 Listing Names; Voting Machines.
(Repealed Chapter 195, Laws of 1997)