CHAPTER 50

HB 1245 – FINAL VERSION

03Mar2010… 0353h

03Mar2010… 0595h

28Apr2010… 1557eba

2010 SESSION

10-2043

03/09

HOUSE BILL 1245

AN ACT relative to declarations of candidacy and intent by presidential candidates.

SPONSORS: Rep. L. Christiansen, Hills 27

COMMITTEE: Election Law

AMENDED ANALYSIS

This bill modifies the declaration of candidacy and the declaration of intent to be filed by candidates for president by inserting the presidential qualifications contained in the United States Constitution.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Mar2010… 0353h

03Mar2010… 0595h

28Apr2010… 1557eba

10-2043

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to declarations of candidacy and intent by presidential candidates.

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

50:1 Presidential Nominations; Declaration of Candidacy. Amend RSA 655:47, I to read as follows:

I. The names of any persons to be voted upon as candidates for president at the presidential primary shall be printed on the ballots upon the filing of declarations of candidacy with the secretary of state in the following form and signed by the candidate:

I, _______________, swear under penalties of perjury that I am qualified to be a candidate for president of the United States pursuant to article II, section 1, clause 4 of the United States Constitution, which states, “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.” I further declare that I am domiciled in __________, in the city (or town or unincorporated place) of _______________, county of __________, state of __________, [and meet the qualifications for the office of president;] that I am a registered member of the __________ party; that I am a candidate for nomination for the office of president to be made at the primary election to be held on the __________ day of __________; and I hereby request that my name be printed on the official primary ballot of said __________ party as a candidate for such nomination.

50:2 Declarations of Intent; Presidential Candidates. Amend RSA 655:17-b, II to read as follows:

II. I, __________, swear under penalties of perjury that I am qualified to be a candidate for president of the United States pursuant to article II, section 1, clause 4 of the United States Constitution, which states, “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.” I further declare that I am domiciled in the city (or town or unincorporated place) of __________, county of __________, state of __________, and am a qualified voter therein; that I intend to be a candidate for the office of __________ to be chosen at the general election to be held on the __________ day of __________; and I intend to file nomination papers by the deadline established under RSA 655:43. I further declare that, if qualified as a candidate for said office, I shall not withdraw; and that, if elected, I shall be qualified for and shall assume the duties of said office.

50:3 Contingent Version; Declarations of Intent; Presidential Candidates. Amend RSA 655:17-b, II to read as follows:

II. I, __________, swear under penalties of perjury that I am qualified to be a candidate for president of the United States pursuant to article II, section 1, clause 4 of the United States Constitution, which states, “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.” I further declare that I am domiciled in the city (or town or unincorporated place) of __________, county of __________, state of __________, and am a qualified voter therein; that I intend to be a candidate for the office of president to be chosen at the general election to be held on the __________ day of __________; and I intend to file nomination papers by the deadline established under RSA 655:43. I further declare that, if qualified as a candidate for said office, I shall not withdraw; and that, if elected, I shall be qualified for and shall assume the duties of said office.

50:4 Contingency. If HB 1150 of the 2010 regular session of the general court becomes law, then section 3 of this act shall take effect 60 days after its passage and section 2 of this act shall not take effect. If HB 1150 of the 2010 regular session of the general court does not become law, then section 2 of this act shall take effect 60 days after its passage and section 3 of this act shall not take effect.

50:5 Effective Date.

I. Sections 2-3 of this act shall take effect as provided in section 4 of this act.

II. The remainder of this act shall take effect 60 days after its passage.

Approved: May 18, 2010

Effective Date: I. Sections 2-3 shall take effect as provided in section 4.

II. Remainder shall take effect July 17, 2010