2001 SESSION

01-0382

03/10

HOUSE BILL 234

COMMITTEE: Election Law

ANALYSIS

This bill limits the jurisdiction of the ballot law commission to appeals from recounts. This bill also eliminates provisions prohibiting judicial review of ballot law commission decisions.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0382

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 Elections; Nominations; Removal of Candidates; Straw Candidates; Jurisdiction. Amend RSA 655:31 to read as follows:

655:31 Straw Candidates. No person shall be a candidate for nomination at any primary unless his or her candidacy is bona fide and is filed for the actual purpose of personally seeking the nomination. Any candidate for nomination whose name is to be voted upon at primary election may, no later than the Wednesday after the last day for filing declarations of candidacy and primary petitions, file a petition with the [ballot law commission] secretary of state alleging that one or more candidates for the same nomination is not a bona fide candidate. Upon receipt of such a petition, the [commission] secretary of state shall notify in writing all candidates of that party for the same nomination of the time and place for [its] the hearing on the petition. After such hearing, the [ballot law commission] secretary of state shall have the power and duty to order stricken forthwith from the primary ballot the name or names of any candidate or candidates for said nomination if the [commission] secretary of state finds that such candidate or candidates is obviously not a bona fide candidate, obviously having filed not primarily for the purpose of seeking the nomination but primarily for the purpose of drawing votes which might otherwise be cast for some other candidate for the same nomination. [The decision of the commission shall be final as to questions both of law and fact, and no court shall have jurisdiction to review such decision.]

2 Elections; Political Expenditures and Contributions; Enforcement; Complaints; Order of Enforcement; Reference Deleted. Amend RSA 664:18, II(a) to read as follows:

(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 [and no petition for review has been filed with the ballot law commission pursuant to RSA 665:7 within 3 days], the attorney general or [his] the attorney general's designee may petition the superior court of the county in which the violation occurred for an order of enforcement.

3 Elections; Ballot Law Commission; Jurisdiction; General Duties; Objections. Amend RSA 665:4, I-II to read as follows:

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 thereto 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 665:6-a 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 thereto 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 665:6-a 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.]

4 Elections; Ballot Law Commission; Jurisdiction; Appeals from Recounts. Amend RSA 665:6 to read as follows:

665:6 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 [his] 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 665:6-a 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. 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] a 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. If, after such 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 665:14. [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.

5 Elections; Ballot Law Commission; Jurisdiction; Hearing Date; References Deleted. Amend RSA 665:6-a to read as follows:

665:6-a Hearing Date.

I. 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 665:4, I [and II]; and

(b) Written appeals filed pursuant to RSA 665:6, I.

I-a. 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.

II. The ballot law commission shall also meet at such other times as may be necessary as provided in [RSA 655:31,] RSA 665:6, II[, RSA 665:6-b, and RSA 665:7].

6 Elections; Ballot Law Commission; Appeal; Appeal From Decisions; Reference Deleted. Amend RSA 665:14 to read as follows:

665:14 Appeal From Decisions. There may be an appeal to the supreme court from the decisions of the ballot law commission made under RSA 665:6, II, [or 665:7] 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.

7 Repeal. The following are repealed:

I. RSA 655:14-b, IV, relative to appeal of nonconforming form decisions.

II. RSA 665:4, III, relative to exclusivity of ballot law commission jurisdiction.

III. RSA 665:5, relative to filing disputes.

IV. RSA 665:6-b, relative to name on ballot disputes.

V. RSA 665:7, relative to additional jurisdiction of the ballot law commission.

8 Effective Date. This act shall take effect January 1, 2002.