2003 SESSION

03-0553

03/09

HOUSE BILL 779

COMMITTEE: Election Law

ANALYSIS

This bill establishes standing committees in the senate and house of representatives to hear appeals from recounts in state legislative elections.

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

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

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0553

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

1 Certificates of Election. Amend the introductory paragraph of RSA 659:84 to read as follows:

When the time for any recount or appeal to the ballot law commission, legislative recount committee, or superior court has expired or when all candidates for an office whose names were placed on the official state general election ballot have waived in writing a recount and an appeal, whichever is first:

2 Number of Recounts. Amend RSA 660:3 to read as follows:

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 665:6, II, or to the legislative recount committee, as provided in RSA 660:32, II(b).

3 Declaration; Certificate. Amend RSA 660:6, I to read as follows:

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 665:6, II, or to the legislative recount committee, as provided in RSA 660:32, II(b), such candidate shall be entitled to a certificate of election.

4 Declaration of Result, State Primary. Amend RSA 660:9 to read as follows:

660:9 Declaration of Result, State Primary. If the recount after a state primary election shall show that some candidate other than the one declared nominated upon the original canvass of votes has the greatest number of votes cast for the nomination, such candidate shall be declared nominated and shall be placed upon the official ballot at the following election unless appeal is taken to the ballot law commission in accordance with RSA 665:4, I or to the legislative recount committee in accordance with RSA 660:32, II(a). If the person who applied for the recount was thereby shown to be the one chosen as the candidate of his or her party, [he] the person shall also have any fee paid returned.

5 New Subdivision; Appeals from Recounts of Legislative Elections. Amend RSA 660 by inserting after section 31 the following new subdivision:

Appeals from Recounts of Legislative Elections

660:32 Appeals from Recounts of Legislative Elections.

I.(a) The senate and house of representatives shall each maintain standing committees to hear appeals from recounts in state legislative elections.

(b) The senate recount appeal committee shall consist of at least 3 but no more than 7 members appointed by the senate president, and shall have jurisdiction over appeals from recounts by state senate candidates.

(c) The house recount appeal committee shall consist of at least 3 but no more than 7 members appointed by the speaker of the house of representatives, and shall have jurisdiction over appeals from recounts by state house of representative candidates.

II. The recount appeal committees shall hear and determine appeals from recounts in the following cases:

(a) In case of a primary recount as provided in RSA 660:7-660:9, 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 for state legislative office may, within 3 days after the declaration, appeal therefrom to the appropriate recount appeal committee by filing a written appeal with the secretary of state. The secretary of state shall forthwith notify the recount appeal committee of the filing. The recount appeal committee shall meet on the fourth Friday of September 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 committee shall change the declaration of the secretary of state and issue a certificate of nomination to the appellant. The decision of the recount appeal committee 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 committee under this subparagraph shall be exclusive of all other remedies.

(b) 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 for a state legislative office may, within 3 days after said declaration, appeal therefrom to the appropriate recount appeal committee by filing a written appeal with the secretary of state. The recount appeal committee 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 committee shall change the declaration of the secretary of state and issue a certificate of such changed declaration to the appellant. The decision of the recount appeal committee under this subparagraph shall be subject to appeal to the appropriate house of the general court. The jurisdiction vested in the committee under this subparagraph shall be exclusive of all other remedies.

6 Complaints. 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] designee may petition the superior court of the county in which the violation occurred for an order of enforcement.

7 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 other than a candidate for state legislative office 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 other than a candidate for state legislative office 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.]

8 Repeal. RSA 665:7, relative to additional jurisdiction of the ballot law commission, is repealed.

9 Effective Date. This act shall take effect January 1, 2004.