CHAPTER 73

HB 1457-FN - FINAL VERSION

15Mar2022... 0967h

2022 SESSION

22-2319

11/08

HOUSE BILL 1457-FN

AN ACT relative to chain of custody of ballot boxes after an election.

SPONSORS: Rep. Yakubovich, Merr. 24; Rep. Layon, Rock. 6; Rep. Gorski, Hills. 7

COMMITTEE: Election Law

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AMENDED ANALYSIS

This bill modifies the retention policy for ballot boxes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2022... 0967h 22-2319

11/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to chain of custody of ballot boxes after an election.

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

73:1  Preservation of Ballots; Secretary of State.  Amend RSA 659:98 to read as follows:

659:98  Delivery of Ballots to Town Clerk.  The moderator, or the moderator's designee, and the selectmen, or their designee, after they have sealed and certified the state election ballots as provided in RSA 659:95 and RSA 659:96, shall deliver the sealed containers to the town or city clerk, or to the clerk's designee, who shall in their presence enter in the appropriate place on each sealer the time of day and shall sign his or her name in the appropriate blank on the sealer.  The clerk or the clerk's designee shall, without breaking the seals or otherwise changing the condition of the containers, deposit the containers in the town or city hall [, where the ballots shall be kept for a period set forth in RSA 33-A:3-a].  Containers containing ballots and absentee balloting materials that have been sealed after an election according to instructions provided by the secretary of state shall be stored in a location under the direction of the clerk.  A log shall be maintained by the clerk specifying the location and the containers at the location.  Once stored, the containers shall be accessible only to individuals working under the direction of the town clerk, as required for recounts, or as necessary for the secretary of state to verify the container storage.  When the containers are removed to allow for destruction of ballots in accordance with RSA 33-A:3-a, the destruction of the ballots and absentee balloting materials shall be the final entry in the log.  

73:2  Effective Date.  This act shall take effect 60 days after its passage.

Approved: May 20, 2022

Effective Date: July 19, 2022