CHAPTER 661 VACANCIES AMONG PUBLIC OFFICERS ELECTED AT STATE ELECTIONS
By Office
Section 661:9
661:9 County Officers. –
I. If a vacancy for a period of one year or longer 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 a majority of the ballots cast. If a vacancy for a period of less than a year occurs in any such office, the members of the county convention shall, by majority vote of the county convention, vote to either fill the vacancy or to leave the office vacant.
II. (a) If a vacancy occurs in the office of a county commissioner, the members of the county convention shall fill the vacancy as follows:
(1) If voting for the commissioners in the biennial election is not by district or is not restricted to residents of the district, all of the county convention members shall vote to fill the vacancy by a majority of the ballots cast until the next biennial election of county officers.
(2) If the commissioners of the county in the biennial elections are elected by district and voting for the commissioner is restricted to residents of the district, only members of the county convention who represent city wards or towns in the district shall be eligible to vote.
(3) If limiting the vote to county convention members representing city wards and towns in the district results in fewer than 3 members eligible to vote for the vacancy, all members of the county convention are eligible to vote for the vacancy.
(4) 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 the remainder of the term. The person elected shall take office at the next meeting of the county commissioners after any recount is completed.
(b) The provisions of subparagraph (a) shall apply only where the vacancy occurred no later than 30 days preceding the printing of the ballots for the primary election.
(c) The provisions of RSA 655:32 and RSA 655:37, relating to nominations by appropriate party committees for vacancies in an office on a primary or general election ballot, respectively, shall apply to vacancies to be filled under this paragraph.
III. If any person holding a county office enumerated in paragraph I or II becomes temporarily absent or incapacitated, the county convention may, upon application of the county attorney or county commissioners, declare a temporary absence and fill the same for a limited period of time expressed in the appointment.
IV. Any officer of a county, including the register of probate, may be removed by the county convention for official misconduct. Any removal under this paragraph shall be initiated by petition of a majority of the county commissioners, of the county attorney, or of a superior court judge. No officer of a county may be removed without notice of the allegations supporting the petition for removal and an opportunity to be heard by the county convention.
Source. 1979, 436:1. 1987, 2:1. 1995, 277:22. 1998, 342:1. 1999, 174:1. 2003, 3:2; 289:42. 2011, 92:1, eff. May 27, 2011. 2016, 178:1, eff. Aug. 2, 2016. 2017, 5:1, eff. May 30, 2017; 191:1, eff. Aug. 29, 2017. 2026, 48:1, eff. July 7, 2026.