CHAPTER 26

HB 1136 – FINAL VERSION

15Feb2012… 0459h

2012 SESSION

12-2170

03/09

HOUSE BILL 1136

AN ACT relative to special state elections.

SPONSORS: Rep. Horrigan, Straf 7

COMMITTEE: Election Law

ANALYSIS

This bill changes scheduling requirements for certain special 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2012… 0459h

12-2170

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to special state elections.

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

26:1 Nominations for Special State Elections. Amend RSA 655:81, I to read as follows:

I. The special election shall be held on a Tuesday not less than [131] 110 nor more than [145] 124 days following the day that the governor and council declare that there shall be a special election; provided, however, that if one or more municipalities where a special election for state representative will be held have a regularly-scheduled election occurring between [131] 80 and 180 days following the day that the governor and council declare that there shall be a special election, the governor and council shall set the date of the election to coincide with the regularly-scheduled election if a majority of the towns or wards, as represented by the city, jointly request that day; if towns or wards, as represented by the city, request that the special election coincide with regularly-scheduled elections occurring on different dates, the election shall be held on a Tuesday not less than [131] 110 nor more than [145] 124 days following the day that the governor and council declare that there shall be a special election; and

26:2 Nominations for Special State Elections. Amend RSA 655:81, IV to read as follows:

IV. The primary shall be held [63] 49 days prior to the special election; and

26:3 Uncontested Primary. Amend RSA 655:82 to read as follows:

655:82 Uncontested Primary. In the event that no party has more than one candidate file and no nonparty or other candidate files a declaration of intent, the primary election shall not be conducted. In such a case, the special election shall be held on the day previously fixed as the day for the holding of the special primary election.

26:4 Vacancies; State Representative. Amend RSA 661:8, III to read as follows:

III. Notwithstanding the provisions of paragraph II, if a vacancy occurs in the office of state representative in a district comprised of a city ward or wards, a request to hold the primary and special elections on the same dates as the city's biennial primary and regular elections may be submitted to the governor and council by the governing body of the city. If so requested, the governor and council shall declare the vacancy not less than [63] 56 days prior to the date of the city's primary election. The filing period shall be held not more than [57] 50 days nor less than [50] 43 days prior to the primary election. The provisions of RSA 655:81, III, VI, VII, VIII, IX, X, and XI shall apply to elections held pursuant to this paragraph.

26:5 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 2, 2012 Effective Date: July 1, 2012