hb 0131

CHAPTER 231

HB 131 - FINAL VERSION

AN ACT relative to the retention and disposal of certain financial disclosure forms.

SPONSORS: Rep. Millham, Belk 4; Rep. Major, Rock 16; Sen. Roberge, Dist 9; Sen. Cohen, Dist 24

This bill establishes timelines for the secretary of state to retain and dispose of certain financial disclosure forms.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the retention and disposal of certain financial disclosure forms.

Be it Enacted by the Senate and House of Representatives in General Court convened:

231:1 New Paragraph; Lobbyists; Statements; Retention of Statement of Fees and Expenditures. Amend RSA 15:3 by inserting after paragraph IV the following new paragraph:

V. The secretary of state shall maintain the statements required by this section for 6 years from the date of filing, after which time the statements may be destroyed.

231:2 Financial Disclosure; Form of Disclosure; Retention of Declaration of Candidacy Form. Amend RSA 15-A:3 to read as follows:

15-A:3 Form of Disclosure. The secretary of state shall determine the forms required under this chapter, which shall appear as part of the acceptance of nomination form and the declaration of candidacy form. The forms shall include the definitions which appear in RSA 15-A:1, and adequate space to provide the required information. The secretary of state shall maintain the declaration of candidacy form for 6 years from the date of filing, after which time it may be destroyed.

231:3 Gifts, Testimonials, and Honorariums; Forms; Place of Filing; Retention of Statement of Gifts, Testimonials, and Honorariums. Amend RSA 15-B:4 to read as follows:

15-B:4 Forms; Place of Filing. The secretary of state shall furnish all forms required under this chapter. All persons filing a statement under this chapter shall file with the secretary of state. The statements shall be held in the original form for 6 years from the date of filing, after which time they may be destroyed.

231:4 New Paragraph; Organization of Executive Branch; Statements of Financial Interest for Board and Commission Members; Retention of Statement of Financial Interest. Amend RSA 21-G:5-a by inserting after paragraph IV the following new paragraph:

V. The secretary of state shall maintain the statement of financial interests for 6 years, after which time the statement may be destroyed.

231:5 New Section; Legislative Ethics Committee; Retention of Financial Forms. Amend RSA 14-B by inserting after section 5 the following new section:

14-B:6 Retention of Financial Disclosure Forms. The legislator's financial disclosure form and the report of expense reimbursement form shall be placed on file in the secretary of state's office, pursuant to ethics guidelines adopted by the legislative ethics committee, and shall be held in original form for 6 years from the date of filing, after which time they may be destroyed.

231:6 New Section; Political Expenditures and Contributions; Reports. Amend RSA 664 by inserting after section 7 the following new section:

664:7-a Statement Retention. Statements or reports required to be filed under RSA 664:6 and 664:7 shall be held in original form for 6 years from the election for which they are filed, after which time they may be destroyed.

231:7 Nominations by Primary; Declarations of Candidacy Amended. Amend RSA 655:18 to read as follows:

655:18 Forwarding Declarations of Candidacy. Each city or town clerk shall forward each declaration of candidacy filed with him to the secretary of state on the day of filing of the same, provided the requisite fee shall have been deposited, or the requisite number of primary petitions shall have been filed therewith. [~~The secretary of state shall retain them together with all declarations of candidacy filed with him until January 1 following the holding of the primary at which time they may be destroyed.~~]

231:8 Elections; Nomination by Nomination Papers; Filing Names of Candidates; Deadline Changed. Amend RSA 655:40-b to read as follows:

655:40-b Filing Names of Candidates. The names of the candidates to be listed on the state general election ballot under the political [~~party~~] organization nominated pursuant to RSA 655:40-a shall be submitted to the secretary of state no later than 5:00 p.m. on the [~~Monday immediately following~~] day of the primary. When the list of candidates is filed, it shall be accompanied by a declaration of candidacy signed by each of the candidates. The declaration of candidacy shall be in the form provided by RSA 655:17 with the understanding that, where the form says primary election, it shall be construed to mean general election.

231:9 Preparation of Voting Materials; Listing Candidates on Ballot. RSA 656:5 is repealed and reenacted to read as follows:

656:5 Listing Candidates on Ballot. The names of all candidates nominated in accordance with the election laws shall be arranged by office in accordance with the provisions of RSA 656:7. The names of candidates for any one office shall not be split into more than one column. All candidates for the same office shall be placed on separate lines within a separate box. The name of each candidate shall be grouped according to the party which nominates the candidate, and the names of the candidates of the party which received the largest number of votes at the last preceding state general election shall be listed first. The names of the candidates shall be printed with the given name first, and the candidates shall be listed alphabetically according to their surnames within each party grouping. The name of the party which nominates the candidate shall be printed near the candidate's name, but no candidate may appear on the ballot more than once as a candidate for the same office.

231:10 Election Procedure; Candidate of One Party; Nominee of Different Party. RSA 659:91-a, I is repealed and reenacted to read as follows:

I. Any person who runs as a candidate on any party's state primary election ballot and who is not chosen as the candidate for that party for the elective office for which the person was a candidate shall not under any circumstances run as the nominee of a different party in the state general election.

231:11 Vacancies Among Public Officers Elected at State Elections; Special Election Provisions for City State Representative Districts. Amend RSA 661:8 to read as follows:

I. If a vacancy occurs in the office of executive councilor or state senator, it shall be filled as provided in Part II, Articles 34 and 62 of the state constitution.

II. If a vacancy occurs in the office of state representative from a single town or ward district, the vacancy may be filled following the provisions of RSA 655:81 and 82 in the same manner as a state general election is held. In a multi-town or multi-ward district, a vacancy in the office of state representative shall be filled following the provisions of RSA 655:81 and 82 by a special election if the selectmen of any town or ward in said district so request of the governor or council.

III. Notwithstanding the provisions of paragraph II, if a vacancy occurs in the office of state representative in a district comprised of a city ward or wards, a request to hold the primary and special elections on the same dates as the city's biennial primary and regular elections may be submitted to the governor and council by the governing body of the city. If so requested, the governor and council shall declare the vacancy not less than 50 days prior to the date of the city's primary election. The filing period shall be held not more than 41 days nor less than 34 days prior to the primary election. The provisions of RSA 655:81, III, VI, VII, VIII, IX, X, and XI shall apply to elections held pursuant to this paragraph.

IV. Within 21 days after proof of a vacancy or a request that a vacancy be filled, the governor, in the case of an executive council vacancy, or the governor and council, in the case of any other vacancy, shall declare that there shall be a special election which shall be held as provided in RSA 655:81 and 82 or as provided in RSA 661:8, III.

V. No request for a special election shall be considered after March 15 of the second year of the biennium.

231:12 Contingent Renumbering. If HB 202 of the 2001 legislative session becomes law, then RSA 14-B:6 as inserted by section 5 of this act shall be renumbered as RSA 14-B:7.

231:13 Duplicate Amendment Nullified; HB 579. The amendment to RSA 655:40-b as inserted by section 5 of HB 579 of the 2001 legislative session shall not take effect.