HB 1384  - AS INTRODUCED

 

 

2024 SESSION

24-2497

08/10

 

HOUSE BILL 1384

 

AN ACT relative to noncompliance by a town or ward moderator and clerk.  

 

SPONSORS: Rep. Wherry, Hills. 13; Rep. Burnham, Straf. 2; Rep. Wood, Merr. 13; Rep. Panek, Hills. 1

 

COMMITTEE: Election Law

 

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ANALYSIS

 

This bill defines and prohibits noncompliance by a town or ward moderator or clerk with respect to 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2497

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to noncompliance by a town or ward moderator and clerk.  

 

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

 

1  Findings.  The general court finds that Article 8 of the New Hampshire state constitution repeatedly calls for an “accountable government” and explicitly states that “the magistrates and officers of the government are…at all times accountable” to the people and further finds that article 38 of the New Hampshire state constitution states that because social virtues are “indispensably necessary to preserve the blessings of liberty and good government,” the people have “a right to require of their lawgivers and magistrates, an exact and constant observance of them…in the execution of the laws necessary for the good administration of government.”

2  General Noncompliance by Town or Ward Moderator and Clerk.  Amend RSA 659:77 to read as follows:

659:77  General [Neglect] Noncompliance by Town or Ward Moderator and Clerk.

I.  If any moderator shall [intentionally neglect to] by noncompliance cause an [accurate] inaccurate count to be made of the votes cast as required by law, for which no other penalty is provided, he or she shall be guilty of a violation.

II.  If any town or ward clerk shall [intentionally neglect] by noncompliance fail to make any return of votes required by law, for which [neglect] no other penalty is provided, he or she shall be guilty of a violation.

III.  If a return of votes is not timely submitted or is submitted with significant defects, if a recount or subsequent audit discloses that the election night vote count was significantly inaccurate, or if other significant deficiencies in the conduct of an election are documented by audit or investigation the secretary of state shall document the reported facts and circumstances of the significant deficiency and shall report the same to the attorney general.  Upon a finding by the attorney general that the late submission, miscount, or other significant deficiency was due to lack of training, noncompliance, [lack of established procedures,] negligence, which shall be established by a preponderance of evidence, or misconduct, which shall be based on the deliberate misbehavior in the execution of their responsibilities, the secretary of state in consultation with the attorney general shall appoint an election monitor who shall be an individual trained in the conduct of elections and who shall attend portions of the ballot casting and all of the ballot counting to monitor the next election conducted in that town or ward.  The finding of the attorney general may be appealed to the ballot law commission.

III-a.  In this section, "noncompliance" means the failure to follow the election procedures established by the secretary of state, the failure to establish the requisite town or ward procedures, or failure to follow established town or ward procedures.

IV.  An election monitor appointed under paragraph III shall have full access to the polling place, including authority to directly observe the registration of voters on election day, the checking in of voters by inspectors of elections, assistance to voters with disabilities, the use of the accessible voting system, the receipt of ballots, the processing of absentee ballots, and the counting of ballots, and may handle marked ballots for the purposes of instruction during the counting and tabulating process.

V.  An election monitor appointed under paragraph III may provide training and guidance to the moderator and clerk who conducts the election.  The election monitor shall issue a public written report within 30 days following the election to the voters of the town or ward, the secretary of state, and the attorney general, which shall be posted on the secretary of state's website, documenting the extent to which the town or ward complies with state law and utilizes the best practices set forth in the election procedures manual and the on-line training available on the secretary of state's website in conducting the monitored election.

3  Effective Date.  This act shall take effect January 1, 2025.