HB 1370-FN - AS INTRODUCED

 

 

2024 SESSION

24-2447

12/10

 

HOUSE BILL 1370-FN

 

AN ACT relative to durable and tamper-proof containers for preserving ballots.

 

SPONSORS: Rep. Wherry, Hills. 13; Rep. Burnham, Straf. 2; Rep. Wood, Merr. 13; Rep. H. Howard, Straf. 4; Rep. Aures, Merr. 13; Rep. K. Perez, Rock. 16; Rep. Panek, Hills. 1

 

COMMITTEE: Election Law

 

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ANALYSIS

 

This bill modifies the requirements for ballot preserving containers provided by the secretary of state.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2447

12/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to durable and tamper-proof containers for preserving ballots.

 

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

 

1  Preservation of Ballots; Secretary of State to Prepare Containers, Sealers.  Amend RSA 659:97 to read as follows:

659:97  Secretary of State to Prepare Containers, Sealers.  The secretary of state shall, before any state election, prepare and distribute to each town and ward clerk secure, durable, reusable, transportable, and stackable containers to be used for preserving ballots and sealers to seal each such container. [He] The secretary of state shall prepare special durable and easily transportable containers capable of being secured and with tamper-evident sealers to be used for preserving any special and separate ballots for questions to voters. The secretary of state shall prescribe the size and form of such containers, locks, and tamper-evident sealers and shall prescribe the form of any endorsement blank printed upon the sealers, provided that the blank is in substance consistent with the provisions of RSA 659:95.

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

 

LBA

24-2447

11/6/23

 

HB 1370-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to durable and tamper-proof containers for preserving ballots.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source(s)

General Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

Does this bill provide sufficient funding to cover estimated expenditures? [X] No

Does this bill authorize new positions to implement this bill? [X] N/A

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

$0 - $10,000

$0 - $10,000

$0 - $10,000

 

METHODOLOGY:

This bill requires the Secretary of State to prepare and provide, to each town and ward clerk,  ballot preserving containers which are secure, durable, reusable, transportable, and stackable.

 

The Department of State indicates the current distribution to the town and ward clerks include custom-sized cardboard boxes, red tape designed to be tamper-evident, and sealers that necessitate signatures, although they lack tamper-evident features.  Currently, the Department ships electronic ballot-counted ballots in custom-sized boxes to prevent damage, considering ballot sizes and quantities.  For manual count towns, folded ballots are transported in the smallest available boxes.  Due to the multiple sized and custom boxes needed to comply with this bill the Department would need to contract with a reusable, lockable container manufacturer to purchase the boxes.

 

The Department notes, RSA 33-A:3-a, XXXVI mandates the retention of federal election ballots and related documents by town clerks until the contest is resolved or at least 22 months after the election, whichever is longer. The secretary of state anticipates procuring reusable containers for the initial 5 elections (1 presidential primary, 2 state primaries, and 2 state general elections), with minimal additional purchases afterward for replacements or increased ballot shipments, provided municipalities return the reusable containers after the retention period.

 

The Department assumes the cost to coordinate the return shipment of all state elections containers would be bore by the Department as well as the increased cost from the change in the container resulting in increased shipping costs from and to the Department.   The exact cost is currently unknown.  The Department plans to solicit proposals for lockable, durable, reusable, transportable, and stackable containers, along with container locks and tamper-evident sealers.  However, the costs for these new containers, locks, and sealers cannot be determined at this time but would result in an indeterminable increase to State General Funds starting in FY 2025.

 

The New Hampshire Municipal Association states to comply with the bill they would need training, but it is assumed the Department of State would cover this costs.  Any other incidental costs would be minimal.

 

AGENCIES CONTACTED:

Department of State and New Hampshire Municipal Association