NEW HAMPSHIRE. Absentee Voting. Election Official Authority. Registration. Comprehensive Frequently Asked Questions. Disclaimer: 10/19/2012

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1 NEW HAMPSHIRE Comprehensive Frequently Asked Questions Disclaimer: This guide is designed for informational purposes only. It is not legal advice and is not intended to create an attorney-client relationship. The Election Protection Coalition does not warrant any information contained in this guide, nor does the Coalition suggest that the information in this guide should be used as a basis to pursue legal advice or decision making. Absentee Voting 1) Eligibility 2) Deadlines 3) First Time Voters 4) Obtaining and Completing 5) Military and Overseas Voters 6) Requested but Unreceived Ballots 7) Requesting an Absentee Ballot for Others 8) Returning an Absentee Ballot 9) Voting in Person after Requesting an Absentee Ballot 10) Assistance with an Absentee Ballot Election Official Authority 1) State Election Officials 2) County/Local Election Officials Registration 1) Eligibility 2) Residency Requirements 3) Application 4) Timing 5) Changes 6) College Students 7) Military Personnel and Overseas Voters 8) Removal from Registration List 9) Restoration of Voting Rights 10) Third-Party Registration 1 10/19/2012

2 Responding to Challenges, Intimidation and Deceptive Practices 1) Solicitation Boundaries 2) Challenges by Poll Workers 3) Challenges by Other Voters 4) Deceptive Information 5) Intimidation by Poll Workers 6) Intimidation by Other Voters 7) Police Presence Voting in Person 1) Early Voting 2) Hours Polling Places Are Open 3) Who May Be Present 4) Identification Requirements 1) Early Voting: Can I vote in person before the election day, and how? See Also: Hours Polling Places Are Open 5) No.

3 Absentee Voting See Also: Voting in Person Early Voting Table of Contents: 1) Eligibility 2) Deadlines 3) First Time Voters 4) Obtaining and Completing an Absentee Ballot 5) Military and Overseas Voters 6) Requesting an Absentee Ballot for Others 7) Returning an Absentee Ballot 8) Voting in Person after Requesting an Absentee Ballot 9) Assistance with an Absentee Ballot 1. Eligibility: Am I eligible to vote absentee? See Also: Registration - Eligibility to Register A voter may vote absentee if: He or she is absent on the day of any state election from the city, town, or unincorporated place in which he or she is registered to vote. A person who is unable to appear at any time during polling hours at his or her polling place because an employment obligation requires the person to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close shall be considered absent. He or she cannot appear in public on any election day because of his or her observance of a religious commitment. He or she is unable to vote in person by reason of physical disability. Source: N.H. Rev. Stat. 657:1 Absentee voting also applies to U.S. citizens who are living outside the U.S., and members (or spouse or dependent of a member) of the uniformed services or affiliated services and will be absent on election day. Source: N.H. Rev. Stat. 657:2-3

4 2. Deadlines: How far in advance should I request and return an absentee ballot? See Also: Absentee Voting - Military and Overseas Voters Response: An application form for an absentee ballot shall be mailed or delivered to any person who applies therefor to the secretary of state or to any town or city clerk. It shall be filled out by the applicant and sent to the clerk of the town or city in which he or she desires to vote. Alternatively, a person may apply for an official absentee ballot by sending to said clerk a written statement containing the information required by the appropriate paragraph of RSA 657:4, or by the federal post card form. Source: N.H. Rev. Stat. 657:6 Submitting: A voter who has received an official absentee ballot must either mail or personally deliver it to the city or town clerk. Town and city clerks must be available for absentee voters between 3 and 5 p.m. on election day. Absentee ballots will be accepted no later than 5 p.m. on election day. Source: N.H. Rev. Stat. ; 657:22 3. First Time Voters and Absentee Ballots: If I m a first time New Hampshire voter, does it matter if I m casting my ballot absentee? See Also: No. 4. Obtaining and Completing an Absentee Ballot: How do I get an absentee ballot and how do I complete it? See Also: Requesting an Absentee Ballot for Others; Eligibility; Deadlines for Obtaining and Submitting an Absentee Ballot Obtaining an Absentee Ballot: To vote absentee, the voter must complete a written application and submit it to the secretary of state or to any town or city clerk in which the voter resides, either in person or by mail. The State of New Hampshire provides an application (available at ), however, a voter s request is also sufficient if it contains the following information stated in the application: voter s name; voter s signature;

5 address at which the voter is registered to vote; statement of reason for absence; if request is for a primary election, voter s party affiliation; address to which the ballots should be mailed; and if military or government absence, (i) identify branch of service, (ii) identify if spouse or dependent of military or government employee, (iii) service address, and (iv) non-military domicile in New Hampshire prior to service. Source: N.H. Rev. Stat. 657:6, 657:4 The application for an absentee ballot may be sent by facsimile. Source: N.H. Rev. Stat. 657:12 In the event that the application is not complete or if there is a reason that the clerk is unable to certify the application, the clerk shall send the applicant an absentee ballot and a notice that such ballot shall not be counted unless the applicant submits the necessary documents within 7 days following receipt of the application. Source: N.H. Rev. Stat. 657:16 5. Military and Overseas Voters: How do I request, obtain and return an absentee ballot, and what are the deadlines for me to do so? See Also: Registration - Military Personnel and Other Voters Living Overseas The Uniformed and Overseas Citizens Absentee Voting Act generally covers U.S. citizens (voters in the military and overseas voters) who are absent from their place of residence, provided those citizens are otherwise eligible to vote. A. Single Federal Postcard Application The federal official post card form as provided in RSA 654:20 for simultaneous voter registration application and absentee ballot application shall be valid at any time for voter registration by a person qualified to vote pursuant to RSA 654:3 as an absent uniform services voter, a temporarily absent voter residing outside the United States, or a federal ballot only voter domiciled outside the United States. An absentee ballot request on this post card or in any other form received on or after January 1 of each year shall be valid through December 31 of the same year for all state and municipal elections to be held within that year, subject to the request of the voter and the eligibility of the voter. Provided, however, that an absentee ballot for the presidential primary shall be sent to all voters requesting an absentee ballot for the primary or any election prior to the primary during the general election year and the prior year. The town or city clerk shall forward a copy of all such federal official post card voter forms to the supervisors of the checklist.. Source: N.H. Rev. Stat. 657:19-a

6 The Uniformed Overseas Citizens Absentee Voting Act requires the state to accept these postcard applications for elections for Federal office. Source: 42 U.S.C. 1973ff-1(4),1973ff-3 B. Armed Services Absent Voter s Ballot I. (a) Upon receipt of a properly executed application for an absentee ballot from a UOCAVA voter as defined in RSA 652:16-b, whether the form supplied by the secretary of state, the federal official post card form, or a written statement containing the information required by RSA 657:4, I, a town or city clerk shall retain the application and, without delay and except as provided in subparagraph (b), enter the application in the statewide centralized voter registration database. (b) On the last business day no earlier than 45 days before a regularly scheduled general election, each city and town clerk shall deliver absentee ballot information to the secretary of state, on forms and methods prescribed by the secretary of state, for each UOCAVA voter as defined in RSA 652:16-b who, between the required meeting of the supervisors of the checklist pursuant to RSA 654:27 for the regularly scheduled primary election and the last business day prior to 45 days before the regularly scheduled general election, has requested an absentee ballot for the next regularly scheduled general election, unless that UOCAVA voter and his or her absentee ballot request has been entered into the statewide voter registration database. II. If a request for a write-in absentee ballot is received from a UOCAVA voter 45 or more days before an election from a voter qualified to vote using a write-in absentee ballot in accordance with RSA 657:10-a, the clerk shall, without delay, send a write-in absentee ballot and instructions using either mail or electronic transmission, as requested by the voter. III. If a request for an absentee ballot for a primary election, other than a presidential primary, or a special election is received from a UOCAVA voter 45 or more days before a primary election, the clerk shall send the ballot and instructions to the applicant no later than the day 45 days prior to the primary election using either mail or electronic transmission, as requested by the voter. IV. If a request for an absentee ballot for a primary election, other than a presidential primary, or a special election is received from a UOCAVA voter less than 45 days before a primary election, the clerk shall send the ballot and instructions without delay using either mail or electronic transmission, as requested by the voter. V. If a request for an absentee ballot for a regularly-scheduled general election or a presidential primary is received from a UOCAVA voter 45 or more days before a general election or a presidential primary the secretary of state may, on behalf of the clerk and in accordance with the voter's choice, electronically transmit or mail the appropriate absentee ballot and instructions to the voter no later than the day 45 days prior to the general election or the presidential primary. At the secretary of state's discretion, the secretary of state may enter in the statewide centralized voter registration database the mail date on which absentee voters were sent ballots pursuant to this paragraph. Alternatively, the secretary of state may provide each city and town clerk with a list of all voters sent absentee ballots by the secretary of state pursuant to this section. Upon receipt of such

7 report from the secretary of state, the clerk shall record the date that the absentee ballot was sent to the voter in the statewide centralized voter registration database. VI. If a request for a general election absentee ballot is received from a UOCAVA voter less than 45 days before a general election, the clerk shall, in accordance with the voter's choice, electronically transmit or mail the appropriate absentee ballot and instructions to the voter, without delay. VII. All valid requests for absentee ballots for a general election received by a town and city clerk prior to the Monday before a primary election shall be entered into the statewide centralized voter registration database no later than that Monday and any valid requests received between that Monday and the forty-fifth day prior to a general election shall be entered into the statewide centralized voter registration database on the day received by the clerk. All requests for absentee ballots received after the date that is 45 days prior to an election shall be entered by the city or town clerk, without delay. VIII. The clerk shall send the appropriate ballot and materials as described in RSA 657:8, regardless of whether the applicant appears on the checklist, and record the information pursuant to RSA 657:15. IX. The town or city clerk shall forward a copy of the applicant's registration forms to the supervisors of the checklist. X. A town or city clerk who finds an absentee ballot application invalid shall provide the UOCAVA voter the reason it is invalid within 7 days.. Source: N.H. Rev. Stat. 657:19 6. Requesting an Absentee Ballot for Others: Can I request a ballot for someone else or vice versa? See Also: When the verification required by RSA 657:12 or 657:13 has been made, the clerk shall retain the application and, without delay, personally deliver, , or mail to the applicant the appropriate ballot and materials as described in RSA 657:7 through 657:8 or designate an assistant to deliver such materials to the applicant. The clerk's option to an absentee ballot to a voter shall apply only to absentee ballot applications from UOCAVA voters. The clerk shall send absentee ballots in response to verified absentee ballot requests until 5:00 p.m. on the day before the election. The clerk may not designate as an assistant any person who is a candidate for nomination or office or who is working for such a candidate. Any ballots sent pursuant to the provisions of this section shall be mailed or delivered only by officials from the city or town clerk's office and delivered only to the applicant. If the address to which the absent voter's ballot is sent is outside the United States or Canada, such papers shall be sent by air mail. Said clerks shall keep lists of the names and addresses, arranged by voting places, of all applicants to whom official absentee ballots have been sent, and shall identify those official absentee ballots which have been returned to the clerk and shall record the absentee voter applicant information in the statewide centralized voter registration database. Candidates whose names appear on the ballot and persons bearing notarized requests or copies of notarized requests from candidates whose names appear on the ballot may obtain a list of absentee voter applicants, excluding voters who

8 have presented to the supervisors of the checklist valid protective orders pursuant to RSA 173- B; the lists shall not be available for public inspection at any time without a court order.. Source: N.H. Rev. Stat. 657:15 7. Returning an Absentee Ballot: How do I return a completed ballot? See Also: Deadlines for Obtaining and Submitting an Absentee Ballot All voters must complete the ballot and the appropriate affidavit and return it to the city or town clerk by the relevant deadline. If election officials counting ballots have knowledge that an absentee voter has died prior to the opening of the polls, the absentee affidavit envelope must not be opened and the vote must not be counted. Source: N.H. Rev. Stat. 659:48 8. Voting in Person after Requesting an Absentee Ballot: Can I change my mind and vote in person after having requested an absentee ballot? See Also: Voting in Person - Provisional Ballots Response: If a voter has requested an absentee ballot, whether or not the voter has received the absentee ballot, he or she may cast a ballot in person on election day. However, if the voter has already returned his or her absentee ballot and said ballot has already been processed, the letters A.V. will be noted in red ink on the checklist next to the voter s name and the voter will not be permitted to vote in person at that election. When processing the absentee ballots, if the moderator determines that the voter has already voted in person, he or she will not open the affidavit envelope containing the ballot and shall mark on the face of the envelope voted in person. Source: N.H. Rev. Stat. 659:52; 659:53; 659:55 9. Assistance with an Absentee Ballot: Can I obtain assistance in voting an absentee ballot if a disability makes it difficult for me to do so otherwise? See Also: Voting in Person Assistance Response: Regular absentee voters or uninformed services voters who are unable to mark their ballots due to blindness may have another person assist them with marking their ballot and enclosing it in the return envelope. The voter, however, must sign the affidavit on the envelope (because the signature must match the signature on the application for the absentee ballot). Source: N.H. Rev. Stat. 657:17; N.H. Rev. Stat. 657:20

9 Election Official Authority Table of Contents: 1) State Election Officials 2) Town/City Election Officials 1. State Election Officials New Hampshire Secretary of State The New Hampshire secretary of state prepares the political calendar, prescribes election and registration rules, creates the forms for registration and voting, and issues guidelines for the composition and style of the voter checklist. Source: N.H. Rev. Stat. 652:21, 654:7, 654:25, 655:13 The secretary of state provides each town sample ballots and other voting materials to the town and city clerks for use during the election. The secretary of state is also authorized to create and maintain a statewide voter registration database that is the official record of eligible voters for the conduct of elections. Source: N.H. Rev. Stat. 654:45(I), (II), (III), 656:18, 656:19, 656:20, 656:28, 656:29, 656:33 2. County/Local Election Officials City Chief Elections Officer The city clerk shall be the chief elections officer for all elections conducted by the city. As the chief elections officer, the city clerk shall establish uniform practices and procedures that conform to state and federal law for the conduct of elections at all polling places within the city. The moderators and other election officials who conduct elections at the individual polling places within the city shall comply with the uniform procedures established for the city by the city clerk. The secretary of state shall resolve any conflicting interpretations of state and federal laws arising between the chief elections officer and other election officials. The legislative body of any city may vote to have the duties of the ward officers relative to the selection and equipping of polling places assigned to the city chief elections officer. Source: N.H. Rev. Stat. 652:14-a, 659:9-a. Moderators The moderator is in charge of the polls and is elected for a two year term at the annual meeting, in towns every even numbered year and in cities every other regular city election. Source: N.H. Rev. Stat., 659:9

10 The moderator shall oversee the counting of votes by other election officers, including the selectmen and the town clerk, and may discharge any other duties relating to the counting of votes. The moderator is responsible for making sure that all other election officials are available on the day of the election and that each is familiar with his or her duties. The moderator is also responsible for ensuring that town and city clerks post instructions and sample ballots for voters, that voting machines are sealed and that the number of ballots delivered to the polling place are counted and recounted. Source: N.H. Rev. Stat.,,,, 658:25, 658:31 658:32, 658:33, 658:35, 659:9, 659:45 Town and City Clerks Town and city clerks are responsible for accepting applications for registration, receiving evidence of qualification to register, accepting applications for changes in party affiliation, posting sample ballots prior to election day, receiving and replying to requests for absentee ballots, distributing absentee ballots, and receiving election materials from the secretary of state to confirm that the materials are in proper order. Source: N.H. Rev. Stat. 652:14-a, 654:8, 654:8-a, 654:34-a, 656:18, 656:20, 656:22, 656:28, 656:29, 657:15, 657:16, 657:18 Selectmen Selectmen are elected for a three-year term, with one selectman being elected each year at the annual meeting of the town. Source: [NOTE: The election laws codified in Title 4 were repealed in , 436:7, I and V, eff. July 1, 1979, repealed Chapters 54 to 60 and 62 to 70; 1979, 410:2, XIX, eff. July 1, 1979, repealed Chapter 61. The election laws are now codified in Title 63, Chapters 652 to 671.] The selectmen of each town and ward shall provide for a suitable place in which to hold state elections and shall see that the same is warmed, lighted, and furnished with proper supplies and conveniences. Such supplies and conveniences shall include a ballot box and a sufficient number of pens with machinereadable ink or soft black lead pencils and booths with shelves to enable the voter to mark his or her ballot screened from all observation as to the manner in which he or she does so. Each place in which state elections are held shall be easily accessible as provided in RSA 658:9-a to all persons including persons with disabilities and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. The selectmen of each town and ward shall be charged with the responsibility to see that the flag of the United States is displayed inside and, weather conditions permitting, flown outside the polling place on election day. A guardrail shall be so constructed and placed so that only such persons as are inside such rail can approach within 6 feet of the ballot box and of the voting booths. The arrangements shall be such that the voting booths can be reached only by passing within the guardrail. Source: N.H. Rev. Stat., 658:9 Supervisors of the Checklist The board of supervisors of the checklist consists of three legal voters elected for six-year terms, with one supervisor being elected every even number year. Source: N.H. Rev. Stat. The supervisors of the checklist are responsible for maintaining the checklist and determining whether applicants are qualified to register to vote and to notify those that are deemed unqualified to vote. On election day, the supervisors are responsible for being present when the polls open, registering qualified

11 person and preserving the marked checklists. Source: N.H. Rev. Stat. 654:11, 654:12, 654:13, 659:10, 659:102 Inspectors of Election There are two inspectors of election at each polling place plus an additional two for every 1,500 voters in excess of 2,000 registered voters at a polling place. Inspectors of election are chosen by the two parties that received the greatest number of votes in the last general election and. Source: N.H. Rev. Stat. 658:2 Inspectors of election are responsible for acting as ballot clerks and furnishing ballots to the voters, providing assistance to disabled and illiterate voters and any other duties as the moderator may determine. Source: N.H. Rev. Stat. 658:25, 659:20

12 Registration See Also: Voting in Person - Registration Missing from the Rolls Table of Contents: 1) Eligibility 2) Residency Requirements 3) Applications 4) Timing 5) Changes 6) College Students 7) Military Personnel and Overseas Voters 8) Removal from Registration List 9) Restoration of Voting Rights 10) Third Party Registration 1. Eligibility to Register: Am I entitled to register to vote? See Also: Restoration of Voting Rights; Residency Requirements Response: An individual is qualified to register to vote in New Hampshire if he or she meets all the following requirements: The individual is a citizen of the United States (with citizenship proven by a birth certificate, passport, naturalization papers, citizenship affidavit, or any other reasonable documentation). Source: N.H. Rev. Stat. 654:1, 654:12(I)(a) The individual is at least 18 years old on or before the date of the next general election (with age proven by any reasonable documentation). Source: N.H. Rev. Stat. 654:1, 654:12(1)(b) The individual has a single domicile in a New Hampshire town, ward or unincorporated place (domicile may be established by any reasonable documentation which indicates the applicant has a domicile and intends to maintain a domicile, or, if not available, an affidavit in a prescribed form. presumptive evidence of domicile includes a New Hampshire driver s license, New Hampshire vehicle registration, armed services identification or any other photo identification issued by the United States government). Source: N.H. Rev. Stat. 654:1, 654:12(1)(c), 654:12(11)(a) An individual wishing to vote in a state or presidential primary election must be registered as belonging to the party whose ballot they wish to vote unless a party has adopted a rule allowing undeclared voters to vote in its primary. A person who is registered as an undeclared voter may 12 10/19/2012

13 change his or her registration at the polls on the primary election day and vote the ballot of their new party. Source: N.H. Rev. Stat. 654:34, 659:14 An individual is not qualified to vote if: The individual is not at least eighteen (18) years of age on the election date. Source: N.H. Rev. Stat. 654:7 The individual has not established a domicile within the state. Source: N.H. Rev. Stat. 654:7 The individual is not a citizen of the United States. Source: N.H. Rev. Stat. 654:7 The individual is not registered to vote in the town, ward, or unincorporated place where he or she is domiciled. Source: N.H. Rev. Stat. 654:7 The individual has been convicted of a felony and his or her sentence has not been finally discharged. Source: N.H. Rev. Stat. 607-A:2 The individual has been convicted of bribery or intimidation relating to elections, unless his or her voting privileges have been restored by the Supreme Court of New Hampshire. Source: N.H. Rev. Stat. 654:6 2. Residency Requirements: Am I a legal New Hampshire resident? The individual has a single domicile in a New Hampshire town, ward or unincorporated place (domicile may be established by any reasonable documentation which indicates the applicant has a domicile and intends to maintain a domicile, or, if not available, an affidavit in a prescribed form. presumptive evidence of domicile includes a New Hampshire driver s license, New Hampshire vehicle registration, armed services identification or any other photo identification issued by the United States government). Source: N.H. Rev. Stat. 654:1, 654:12(1)(c), 654:12(11)(a) 3. Applications for Registration: How do I apply and what information do I have to provide? See Also: Eligibility to Register; Military Personnel; Timing of Registration; Residency Requirements Generally A voter registration form can be requested from an individual s town or city clerk. Registration applications can also be obtained in person at the supervisor of the checklist s meeting held 10 days

14 prior to each election or at the polling place on the day of election. If registering on the day of the election, an individual will be required to show proof of age, citizenship and domicile. Source: New Hampshire Secretary of State Website, Overseas Citizens and Armed Services Voters Overseas and uniformed services voters should request an absentee voter registration affidavit and a standard voter registration form from their town or city clerk. The absentee voter registration affidavit must be witnessed and then both the affidavit and the voter registration form should be returned to the appropriate town or city clerk. The absentee ballot may also be downloaded from the secretary of state s website. Source: New Hampshire Secretary of State Website, 4. Timing of Registration: How far in advance of the election do I need to register? Procedure The deadline to register to appear on the voter checklist for the state primary election day is September 4, However, unregistered voters may register and vote on the day of the state primary election. The last day to register to appear on the voter checklist for the general election is October 27, However, unregistered voters may register and vote on the day of the general election. Registration applications may either be submitted in person at the polling place on the day of the election, submitted to the supervisors of the checklists at the meeting held prior to the election day, or sent through the mail to the town/city clerk. Source: N.H. Rev. Stat. 654:8, 654:11,, New Hampshire Secretary of State Website, 5. Changes to Registration Information: How and when do I change the name, address or party affiliation on my registration? Response: Any citizen of the state may, in term time or vacation, file a complaint with the superior court stating that his name is illegally kept from, or his name or that of some other citizen is illegally placed upon, the checklist of a town or ward, and the facts upon which the complaint is based. Said complaint shall be deemed sufficient if it sets forth the basis of the complaint and may be filed by the complainant with the clerk of court or any justice thereof. The complainant may appear with or without counsel. Thereupon, the presiding justice in term time, or any justice of the superior court in vacation, shall order that a copy of the complaint be served on the supervisors of the checklist of the town and on the citizens other than the complainant named in the petition and shall set a time and place for an immediate hearing. The justice hearing the case may order the name of the voter concerning whom the complaint is made to be added or removed from the checklist as justice requires, and his decision shall be final on questions of fact as in equity cases.. Source: N.H. Rev. Stat. 654:42

15 Status of registration and current registration information: Any person may view the public checklist in any town or city when it is displayed before the opening of a meeting or election at which the list is to be used. Any person may view the data that would be on the public checklist on the statewide centralized voter registration database maintained by the secretary of state at the state records and archives center during normal business hours. Source: N.H. Rev. Stat. 654:31 6. College Students: Can I register to vote in New Hampshire if I m a college student from out of state? See Also: Eligibility to Register; Residency Requirements A college student may vote using either the domicile established at college or the domicile he or she had before entering college. A student of any institution of learning may lawfully claim domicile for voting purposes in the New Hampshire town or city in which he or she lives while attending such institution of learning if such student's claim of domicile otherwise meets the requirements of RSA 654:1, I.. Source: N.H. Rev. Stat. 654:1 7. Military Personnel and Other Voters Living Overseas: How do I register if I m a serving abroad in the military or otherwise living abroad? Any United States citizen being at least 18 years of age who is domiciled overseas and no longer maintains a domicile in a town or city of New Hampshire has the right to register absentee to vote in any federal election in the town or city in New Hampshire in which the individual had his or her domicile immediately prior to their departure from the United States, even if the intent to return is uncertain, as long as the individual complies with all other applicable requirements and laws of New Hampshire, is not domiciled and is not registered to vote in any state or territory of the United States, and has a valid United States passport or identity card. Source: N.H. Rev. Stat. 654:3 8. Removal from Registration List: Under what circumstances can my name be removed from the list of registered voters? Supervisors should remove the name of any person who relinquishes U.S. citizenship or relinquishes his or her domicile in that community, registers to vote in another community, has died, or has not reregistered during a time for verification of the checklist and has failed to respond within 30 days of mailing of notice of the pending removal and the procedure to reregister. Source: N.H. Rev. Stat. 654:36, 654:37, 654:38, 654:39, 654:44 When a voter changes his or her address and moves out of the town or ward and notifies either the United States Post Office or the department of safety, the supervisor of checklist shall remove that name from the checklist at the next session for the correction of the checklist. Source: N.H. Rev. Stat. 654:36-b

16 Prior to removing a registered voter s name from the checklist, the supervisors must send notice by mail to the last known address of the person whose name they wish to remove. The person whose name is to be removed from the checklist may appear in person at a meeting held 30 days after the notice is sent, or he or she may respond to the notice by mail or other messenger to indicate why his or her name should not be removed from the checklist. Source: N.H. Rev. Stat. 654:44 9. Restoration of Voting Rights: Am I ineligible to vote because of a felony conviction, and if so, how can my voting rights be restored? A New Hampshire domiciliary who has been convicted of a felony may not vote in New Hampshire elections until his or her sentence has been discharged. If the sentence was imposed by another state, depending on the laws of that other state, the person wishing to vote may need to apply to the governor of New Hampshire with proof of the discharge of his or her sentence. The governor will then issue a certificate reinstating the person s right to vote. The right to vote is restored while the execution of the sentence is suspended and while the defendant is paroled after incarceration. Source: N.H. Rev. Stat. 607-A:2, 607- A:5 A person convicted of convicted of bribery or intimidation relating to elections shall thereafter be forever disqualified from voting unless the Supreme Court of New Hampshire restores that person s voting privileges. Source: N.H. Rev. Stat. 654:6 A domiciliary of another state who is incarcerated in New Hampshire may be able to vote in his or her home state, depending on the laws of that state. If a domiciliary of New Hampshire is incarcerated in another state or in federal prison, his or her eligibility is governed by New Hampshire law. Source: N.H. Rev. Stat. 654:2-a 10. Third Party Registration: What does a third party registration group have to do to comply with the law? Response: Only the city or town clerk, a community s supervisor of the checklist and poll workers (on Election Day only) may register voters. Futher Explanation A. Assistance with Registration and Other Election Documents Any voter who declares to the moderator under oath that he or she cannot read or that, because of a disability, is unable to mark his or her ballot shall, upon the voter s choice and request, receive the assistance of one or both of the inspectors of election detailed for that purpose by the moderator or shall receive assistance from a person of the voter s choice provided that the person is not the voter s employer or union official. Such person so assisting shall be sworn, shall mark the ballot as directed by said voter, and shall thereafter give no information regarding the same. Such

17 person so assisting shall leave the space within the guardrail with the voter Source: N.H. Rev. Stat. 659:20 B. Restrictions on the Use of National Registration Form New Hampshire town and city clerks will accept the National Registration Form only as a request for their own mail-in absentee voter registration form. Source: United States Election Assistance Committee, National Voter Registration Act FAQs, C. Restrictions Regarding Use of Registration Form Information The Voter Registration Form serves as the basis of a data file of registered voters in the town or ward and is, in part, a public record. The secretary shall establish standard forms and procedures for the use of the supervisors for the maintenance of such information. The information to be maintained and updated shall include the full name, domicile address, mailing address, and party affiliation, if any, of each voter on the checklist and such other information as the secretary requires. Every checklist used at any election shall contain the full name, domicile address, mailing address, and party affiliation, if any, of each voter on the checklist. The paper checklists used by ballot clerks on election day need not include mailing addresses. The name and address of a voter shall not appear on the checklist at the request of the voter if the voter presents to the supervisors of the checklist a valid protective order pursuant to RSA 173-B. The name, domicile address, and mailing address, if different, of such a voter shall be maintained on a separate list of voters, which shall be nonpublic and not subject to RSA 91-A. Source: N.H. Rev. Stat. 654:25, 654:31, 654:31-a, 659:102 D. Copying Voter Registration Applications Any person may view the public checklist in any town or city when it is displayed before the opening of a meeting or election at which the list is to be used. Any person may view the data that would be on the public checklist on the statewide centralized voter registration database maintained by the secretary of state at the state records and archives center during normal business hours. Source: N.H. Rev. Stat. 654:31 In order for a person to obtain a copy of the public checklist of any town or ward, they must pay the fee established by the supervisor of the checklist for that town or ward. The copy may be provided on paper, computer disk, computer tape, electronic transfer or any other form. A political committee of a political party or a candidate who has filed for consideration for any office in any primary or general election or who has been nominated for any office in a general election may obtain a copy of the public checklist for the entire state from the secretary of the state by paying the fee established by the secretary of the state. Source: N.H. Rev. Stat. 654:31

18 Responding to Challenges, Intimidation and Deceptive Practices Table of Contents: 1) Solicitation Boundaries 2) Grounds for Challenging a Voter s Right to Vote on or Before Election Day 3) Grounds for Challenging a Voter s Right to Vote Before Election Day 4) Challenges by Other Voters 5) Deceptive Information 6) Intimidation by Poll Workers 7) Intimidation by Other Voters 8) Police Presence 1) Solicitation Boundaries The following conduct is prohibited at polling places on election day: No person shall interfere or attempt to interfere with any voter when such voter is in the space within the guardrail or endeavor to induce any voter before voting to show how he marks or has marked his ballot. No person shall forge or falsely make the official endorsement on any official ballot or furnish to any voter a ballot with the intent that such voter shall use the same in voting instead of the ballot given him by the ballot clerk or take or remove any ballot outside the guardrail before the close of the polls or knowingly delay the delivery of any ballots. No person shall directly or indirectly give intoxicating liquor to a voter at any time with a view to influencing any election. No person shall directly or indirectly bribe any person not to register to vote or any voter not to vote or to vote for or against any question submitted to voters or to vote for or against any ticket or candidate for office at any election. No person shall use or threaten force, violence, or any tactic of coercion or intimidation to knowingly induce or compel any other person to vote or refrain from voting, vote or refrain from voting for any particular candidate or ballot measure, or refrain from registering to vote. No person shall engage in voter suppression by knowingly attempting to prevent or deter another person from voting or registering to vote based on fraudulent, deceptive, misleading, or spurious grounds or information. Prohibited acts of voter suppression include: o challenging another person's right to register to vote or to vote based on information that he or she knows to be false or misleading.

19 o o attempting to induce another person to refrain from registering to vote or from voting by providing that person with information that he or she knows to be false or misleading. attempting to induce another person to refrain from registering to vote or from voting at the proper place or time by providing information that he or she knows to be false or misleading about the date, time, place, or manner of the election. Source: N.H. Rev. Stat. 659:37-40 Restrictions regarding the area around the polling place include the following: No person who is a candidate for office or who is representing or working for a candidate shall distribute or post at a polling place any campaign material in the form of a poster, card, handbill, placard, picture, or circular which is intended to influence the action of the voter within the building where the election is being held. No person who is a candidate for office or who is representing or working for a candidate shall distribute any campaign materials or perform any electioneering activities or any activity which affects the safety, welfare and rights of voters within a corridor 10 feet wide and extending a distance from the entrance door of the building as determined by the moderator where the election is being held. Whoever violates any of the provisions of this section shall be guilty of a violation. IV. (a) Whoever violates any of the provisions of this section shall be subject to a civil penalty not to exceed $1,000. (b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 659:43 a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund. (c) The attorney general shall have authority to notify suspected violators of this section of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund. Source: N.H. Rev. Stat. 659:43 2) Grounds for Challenging a Voter s Right to Vote on or Before Election Day Any voter may have his right to cast a ballot in a given election challenged by any other legal voter of a town or ward. Election officials, challengers appointed by the political committees or the attorney general may also challenge a voter. Source: N.H. Rev. Stat. 659:27, 666:4, 666:5

20 Voters may be challenged for the following reasons: The person seeking to vote is not the individual whose name he or she has given. The person seeking to vote has already voted in the election. The person seeking to vote is disqualified as a voter by conviction of a willful violation of the election laws. The person seeking to vote is under 18 years of age. The person seeking to vote is not a United States citizen. The person seeking to vote is not domiciled in the town or ward where he or she is seeking to vote. The person seeking to vote is a convicted felon who is currently sentenced to incarceration (would apply to a prisoner on work release or to an escapee). In a primary, the vote is not declared member of the party he claims to be. Source: Guidance in New Hampshire Election Procedure Manual, published by the New Hampshire Department of State. 3) Procedures for challenging a person s right to vote before Election Day Usually challenges occur at the time the voter is at the check-in table before being given his or her ballot. Challenges may, however, occur at any point up until the ballot is deposited in the ballot box. Challengers must be so positioned in the polling place so that they can see and hear each voter as he offers to vote, but challengers cannot be within the guardrail. When a voter is challenged and the moderator rules the challenge is well grounded, the moderator may not accept that voter s ballot unless and until the voter signs an affidavit either on the form provided by the secretary of state or in substantially the same language. Source: N.H. Rev. Stat. 659:27-659:33 The affidavit must be sworn before the moderator, town/city clerk, selectmen, or supervisor of the checklist. If the affidavit is properly signed and sworn to, then the moderator should allow the individual to vote. Any affidavit required by the election statutes must be sworn or affirmed to before an election official. Source: N.H. Rev. Stat. 659:30 Generally, if a person properly completes and swears or affirms a challenged voter affidavit the person should be allowed to vote. Source: N.H. Rev. Stat. 659:27 a.

21 Challenging Absentee Ballots Absentee ballots are subject to challenge after the moderator publicly announces the absentee voter s name, but not after the ballot is removed from the envelope. The challenger must state the reason for the challenge and the moderator shall write on the affidavit envelope containing the ballot the word "Challenged" and the name and address of the person making the challenge and the reason. The moderator may require the challenger to make the challenge in writing and may attached the voter challenge form to envelope. The moderator shall number each challenged envelope, i.e. challenge #1, etc. The moderator shall then determine if the challenge is well grounded. If YES - the moderator does not open the envelope, but shall preserve it with the other ballots cast at the election. If NO - the moderator shall open the affidavit envelope, so that the affidavit is not destroyed and proceeds first to mark on the reverse side of the folded ballot the corresponding challenge number as marked on the envelope. Then the moderator will process the ballot like all the other ballots. Source: N.H. Rev. Stat. 659:51

22 Voting in Person See Also: Absentee Voting Voting in Person after Requesting an Absentee Ballot; Table of Contents: 1) Early Voting 2) Hours Polling Places Are Open 3) Who May Be Present 4) Identification Requirements 1) Early Voting: Can I vote in person before the election day, and how? See Also: Hours Polling Places Are Open 5) No. 2) Early Voting: Can I vote in person before the election day, and how? See Also: Hours Polling Places Are Open No. 3) Hours Polling Places Are Open: When does my polling place open and when does it close? At all state elections in towns and cities the polls shall open not later than 11 o clock in the morning and shall close not earlier than 7 o clock in the evening. In cities, the city council shall determine the polling hours no later than 30 days prior to a state election. Source: N.H. Rev. Stat. 659:4 Subject to the requirements of RSA 659:4, at any annual town meeting, any town may vote to place a question on the state election ballot to change the hours at which polls shall open. Source: N.H. Rev. Stat. 659:4-a(1) Prior to the opening of the polls on the day of election, the city or town clerk shall deliver to the election officers the sealed packages of ballots in their possession together with filament tape or other similar tape with which to seal the ballots. Source: N.H. Rev. Stat. 658:30 At or prior to the opening of the polls in each town or ward, the seal of the packages shall be publicly broken by the town or ward clerk; and the ballots shall be given to the ballot clerks and the ballots shall be examined and counted by the election officers in the presence of the clerk, the moderator, and at least one other legal voter. If the ballots are counted prior to the opening of the polls, the clerk shall post, in an appropriate place and prior to election day, notice of the time and place of the counting. Source: N.H. Rev. Stat. 658:31

23 At the opening of the polls, the ballot box shall be publicly opened and shown to be empty; and the election officers shall ascertain that fact by a personal examination of the box. Source: N.H. Rev. Stat. 658:36 The voters present at the polling place may vote to close the polls at any time that the number of those who have voted plus the number of absentee ballots received at the polls equals the number of names on the checklist. Source: N.H. Rev. Stat. 659:3. The polls may not be closed in Dixville or Hart s Location until every person domiciled in the town who is not on the checklist has been contacted by the town clerk to see if they wish to register to vote prior to the closing of the polls. Source: N.H. Rev. Stat. 659:3a 4) Who May be Present at Polling Places Persons Who May Be Inside the Polling Location Other Than Voters The following individuals may be present inside the polling location: People assisting other persons to vote are allowed inside the polling location so long as such persons are not the voter s employer or union official. Election officers, including any moderator, assistant moderator, town clerk, deputy town clerk, city clerk, deputy city clerk, ward clerk, selectman, supervisor of the checklist, registrar or deputy registrar. Any person permitted by the authority of the election officers for the purpose of keeping order and enforcing the law. Sources: N.H. Rev. Stat. 659: ) Identification Requirements: What form of identification should I bring with me to the poll? All persons whose names are entered upon the corrected checklist brought by the town or ward clerk to the polling place shall be entitled to vote. No person whose name is not upon the checklist shall be allowed to vote, unless, in the opinion of the supervisors of the checklist, it clearly appears that the name of a qualified voter has been omitted from the checklist by clerical error or mistake or that the person is a serviceman on leave who is qualified to vote and who by reason of such service was not in the town or city of his or her legal domicile at the time of the last session of the supervisors of the checklist.. Source: N.H. Rev. Stat. 659:12 In 2012, New Hampshire enacted a voter identification law, which will be phased in over several election cycles. For the 2012 election, individuals will be asked to provide a form of photo

24 identification. Permitted forms of photo identification are: current or expired driver s licenses issued by any state, a New Hampshire DMV ID card, a U.S. Armed Services ID card, a current or expired U.S. Passport, a valid photo ID card issued by federal government or any state, county, or municipal gov, a valid student ID card, or another photo ID deemed legitimate by the supervisors at the poll. Verification of identity by a supervisor at the polls is also permitted. If you do not have an approved photo ID, you will be permitted to vote by executing a challenged voter affidavit. After the election you will receive a verification letter from the Secretary of State confirming that you voted in the election. If you do not respond within 90 days of it being mailed, the Attorney General will conduct an investigation to determine whether fraudulent voting occurred. An individual who does not have a photo ID can obtain one for voting purposes only, by presenting a voucher from their town/city clerk or the Secretary of State to any NH DMV office that issues identification. Source: N.H. Rev. Stat. Ann. 659:13 After September 1, 2013, individuals will be required to show a form of photo ID as described above in order to vote. See State of New Hampshire Voter ID Law Explanatory Document at Voting Procedure if the Voter Does Not have Proper Identification If challenged, the voter need only sign an affidavit stating that he or she is who he or she declares himself or herself to be. Source: N.H. Rev. Stat. 659:27 6) Assistance: What forms of assistance are available to me at my polling place if a disability makes it difficult to vote otherwise? Response: Every polling place in which state elections are held shall be easily accessible to all persons, including physically disabled and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. See Section III(II)(B) Polling Places and Preparation for Election Day - Polling Places Procedures During Voting - Polling Place Requirements - Accessibility.

25 STATUTORY CITATIONS AUTHORITIES REGARDING STATE AND LOCAL ELECTION OFFICIALS I. CHIEF ELECTION OFFICERS AND THEIR RESPONSIBILITIES E. State Level Officials The Secretary of State N.H. Rev Stat. 652:21 provides that [p]rior to the state primary election, the secretary of state with the advice and approval of the attorney general shall prepare a political calendar for state and town elections setting forth the dates when action required under the election laws must be taken. Any action taken by any candidate or official in connection with the election laws which shall be taken in accordance with the dates set forth in said calendar shall be deemed to be duly performed for the purposes of the election laws. The expense of printing said political calendar shall be a charge upon the appropriation for the office of the secretary of state. N.H. Rev Stat. 654:7 provides that [t]he secretary of state shall prescribe the form of the voter registration form.... N.H. Rev Stat. 654:25 provides that [t]he secretary of state shall issue and distribute guidelines for the composition and style of checklists and for the maintenance of data related to checklists by which the supervisors of the checklist shall compile and correct the checklist. Such guidelines shall specify the information which will be maintained and updated by the supervisors. The secretary shall establish standard forms and procedures for the use of the supervisors for the maintenance of such information. The information to be maintained and updated shall include the full name, address, and party affiliation, if any, of each voter on the checklist and such other information as the secretary requires. Every checklist used at any election shall contain the full name, address, and party affiliation, if any, of each voter on the checklist. The name and address of a voter shall not appear on the checklist at the request of the voter if the voter presents to the supervisors of the checklist a valid protective order pursuant to RSA 173-B. The name, address, and mailing address, if different, of such a voter shall be maintained on a separate list of voters, which shall be nonpublic and not subject to RSA 91-A. If it is necessary to establish such a nonpublic list, the public checklist shall be marked at the end with a notation of the number of voters whose names are maintained on the nonpublic list. N.H. Rev. Stat. 654:45 (I), (II), (III) provide that [t]he secretary of state is authorized to plan, develop, equip, establish, site, and maintain a statewide centralized voter registration database and communications system, hereinafter referred to as the voter database, connecting users throughout the state. The voter database shall include the information on the voter registration form and the voter checklists maintained by each city, ward, and town in the state. Any election official in the state authorized by this chapter to have direct access to the voter database may obtain immediate electronic access to the information contained in the voter database related to individuals registered or registering to vote in the election official's jurisdiction. The office of the clerk is hereby designated as a database access point for each town or city. The secretary of state may authorize additional database access points in a town or city, including election day access points at polling places. The voter database shall, upon certification by the secretary of state, be the official record of eligible voters for the conduct of all elections held in this state.

26 N.H. Rev Stat. 655:13 provides that [i]t shall be the duty of the secretary of state to prepare all forms necessary to carry out the provisions of this chapter and to furnish the same in reasonable quantities to the proper officials. It shall also be his duty to furnish full directions to the clerks of towns and wards when he sends them the notice provided for in RSA 655:11 as to the posting of notices, holding of primaries and making return thereof. N.H. Rev Stat. 656:18 provides that [t]he secretary of state shall cause to be printed for each town 10 sample ballots. Such ballots shall be printed on tinted paper without facsimile endorsement but shall otherwise be identical to the state general election ballot. The sample ballots shall be forwarded as soon as printed to each town or ward clerk who shall post one copy in 2 public places in the town or ward within one day of their receipt and save the remainder to be posted on the day of the election as provided in RSA 658:26. N.H. Rev Stat. 656:19 provides that [a]t each state general election, the secretary of state shall furnish each town or city the state general election ballots in a number which the secretary of state shall deem sufficient for voting in the state general election. N.H. Rev Stat. 656:20 provides that I. The secretary of state shall send the state general election ballots in a sealed package to the town and city clerks so they shall receive them no later than Tuesday immediately preceding the day of the state general election. The package shall be marked on the outside to clearly designate the town or city for which it is intended and the number of ballots enclosed. The secretary of state shall keep a record of the time when and the manner in which the packages were sent to the clerks and a record of the number of ballots so forwarded. A town or city clerk shall sign a receipt for the ballots received. II. Each town or city clerk, prior to election day, shall open the package in which the ballots are enclosed, in the presence of at least one other legal voter, to verify that the ballots in the package are all the proper ballots for that town or city. The clerk and one other legal voter shall then reseal the package with the sealing label provided by the secretary of state. N.H. Rev Stat. 656:28 provides that [t]he secretary of state shall furnish 10 sample state primary election ballots of each political party printed on white paper to each town or ward clerk and, upon request, a reasonable number of such sample ballots to each person whose name appears upon the ballot as a candidate. Each town or ward clerk shall post one sample ballot of each political party in each of 2 public places in the clerk's town or ward within one day of receiving such sample ballots and save the remainder to be posted on the day of the primary as provided in RSA 658:26. N.H. Rev Stat. 656:29 provides that [t]he official presidential primary election ballot for each political party shall be sent by the secretary of state so as to be received by the city and town clerks no later than the Tuesday immediately preceding the presidential primary. Each town and city clerk, in the presence of at least one other legal voter, shall verify the contents of the ballot package as provided under RSA 656:20 and reseal the ballots for use on election day. N.H. Rev Stat. 656:33 provides that [p]rior to any state election, the secretary of state shall prepare, in such quantity as the secretary of state may deem necessary, absence, religious observance, and disability absentee ballots in the same form as nearly as practicable as the official ballot to be used at said election. Said absentee ballots shall have the words "absentee ballot" printed on them and shall be similarly endorsed and printed on paper of the same color as that used for official ballots.

27 F. Town and City Level Officials City Chief Elections Officer N.H. Rev. Stat. 652:14-a provides that [t]he city clerk shall be the chief elections officer with authority to establish uniform practices and procedures that conform to state and federal law for all elections conducted by the city. N.H. Rev. Stat. 659:9-a provides that [t]he city chief elections officer shall establish uniform practices and procedures that conform to state and federal law for the conduct of elections at all polling places within the city. The moderators and other election officials who conduct elections at the individual polling places within the city shall comply with the uniform procedures established for the city by the city chief elections officer. The secretary of state shall resolve any conflicting interpretations of state and federal laws arising between the chief elections officer and other election officials. The legislative body of any city may vote to have the duties of the ward officers relative to the selection and equipping of polling places assigned to the city chief elections officer. Moderators N.H. Rev. Stat. 40:1 provides that [e]very two years... a moderator shall be chosen by ballot, by plurality vote. The moderator so chosen shall assume office upon the adjournment of the regular town business meeting held in that year in accordance with RSA 39:1 or 39:2-a and upon qualification for office, whichever is later. The moderator shall serve through the adjournment of the regular town business meeting two years following the moderator's election and until the qualification of a successor, whichever is later. The election of the moderator in a town shall be at the annual meeting in every evennumbered year. The election of moderators in city wards shall be at every other regular city election. N.H. Rev. Stat. 40:4 provides that I. The moderator shall preside in the town meetings, regulate the business thereof, decide questions of order, and make a public declaration of every vote passed, and may prescribe rules of proceeding; but such rules may be altered by the town. II. In the event a weather emergency occurs on or before the date of a deliberative session or voting day of a meeting in a town, which the moderator reasonably believes may cause the roads to be hazardous or unsafe, the moderator may, up to 2 hours prior to the scheduled session, postpone and reschedule the deliberative session or voting day of the meeting to another reasonable date, place, and time certain. The date originally scheduled shall continue to be deemed the deliberative session or voting day of the meeting for purposes of satisfying statutory meeting date requirements; provided, that in towns or districts that have adopted RSA 40:13, the postponement shall not delay the deliberative session more than 72 hours. The moderator shall employ whatever means are available to inform citizens of the postponement and the rescheduled deliberative session or voting day. N.H. Rev. Stat. 659:9 provides that [i]t shall be the duty of the moderator to secure the observance of the provisions of the sections [of the code] relating to the conduct of voting. N.H. Rev. Stat. 659:60 provides that [t]he moderator, or the moderator pro tempore if the moderator is disqualified under RSA 658:24, shall oversee the counting of votes by other election officers, including the selectmen and the town clerk, and may discharge any other duties relating to the counting of votes.

28 N.H. Rev. Stat. 657:23 provides that [u]pon election day, prior to the closing of the polls or the time set for processing absentee ballots in accordance with RSA 659, the clerk shall deliver all such envelopes and the applications therefor received by him to the moderators in the several voting precincts in which the absentee voters assert the right to vote, taking a receipt from the moderator thereof; except that no armed services ballot shall be rejected by a moderator for lack of an attached application. N.H. Rev. Stat. 658:2 provides that [e]ach town and ward political committee of the two political parties which cast the largest number of votes for governor in the state at the last previous general election is authorized to appoint between September 15 and October 15 of each general election year two inspectors of election to act at each polling place. If the number of voters qualified to vote at a polling place shall exceed 2,000, said political committees may each appoint for such polling place one additional inspector for each 1,500 qualified voters or fraction thereof in excess of 2,000. The town and ward political committees may also appoint such additional inspectors, equally divided between said two political parties, as the moderator considers necessary for the efficient conduct of the election. N.H. Rev. Stat. 658:7 provides that [f]or all state elections, the moderator is authorized to appoint an assistant moderator who shall take the oath of office in the same manner as the moderator. The moderator may also appoint such other election officials as he or she deems necessary and request the town clerk to appoint an assistant town clerk. The assistant moderator, assistant town clerk, and said other election officials shall take the oath of office and perform such duties and have such powers as the moderator may delegate to them, except that the power of making the declaration of the vote cast shall not be delegated to them. N.H. Rev. Stat. 658:11 provides that [t]he polling place presided over by the moderator of the town or ward shall be known as the central polling place and all other polling places shall be known as additional polling places. N.H. Rev. Stat. 658:25 provides that [t]wo of the inspectors, one from each of the two political parties, shall be designated by the moderator at the opening of the polls to act as ballot clerks. They shall have charge of the ballots and shall furnish them to the voters. They shall be given a duplicate copy of the checklist by the town or ward clerk. The other inspectors shall be assigned such duties in the polling place as the moderator may determine including, but not limited to, the relief of the ballot clerks and the assistance of the illiterate and physically disabled in voting their ballots as provided in RSA 659:20. N.H. Rev. Stat. 658:31 provides that [a]t or prior to the opening of the polls in each town or ward, the seal of the packages shall be publicly broken by the town or ward clerk; and the ballots shall be given to the ballot clerks and the ballots shall be examined and counted by the election officers in the presence of the clerk, the moderator, and at least one other legal voter. If the ballots are counted prior to the opening of the polls, the clerk shall post, in an appropriate place and prior to election day, notice of the time and place of the counting. N.H. Rev. Stat. 658:32 provides that [t]he secretary of state shall prepare and distribute to each town or ward clerk two copies of the moderator's certificate. When the ballots are counted, the moderator shall certify thereon the total number of ballots received. One copy shall be retained by the moderator for his records; the other shall be certified by the clerk and forwarded to the secretary of state with the election returns.

29 N.H. Rev. Stat. 658:33 provides that [b]efore the polls are opened at the central polling place on the day of an election, the town clerk shall seal up the two duplicate copies of the checklist for each additional polling place lodged with him by the supervisors with a number of blank ballots equal to the number of voters on such checklist and 50 additional ballots. If the moderator has authorized the counting of votes and thereby authorized the processing of absentee ballots at the additional polling place, the absentee ballots of those persons qualified to vote in that additional polling place shall be sealed up along with a list of those persons qualified to vote at that additional polling place to whom absentee ballots have been sent. This package shall be prepared and sealed in the presence of the moderator and selectmen and shall be delivered immediately to the assistant moderator of the additional polling place by two election officers designated by the moderator. N.H. Rev. Stat. 658:35 provides that [i]f the official ballots have not been received at the polling place of any town or ward on the morning of election before the opening of the polls, it shall be the duty of the town or city clerk to cause unofficial ballots to be prepared, as far as possible, in form of the official ballots. Upon receipt of such unofficial ballots from a town or city clerk accompanied by a statement under oath that the same have been so prepared and that the official ballots have not been received, the moderator shall cause the unofficial ballots so substituted to be used in lieu of the official ballots. N.H. Rev. Stat. 659:45 provides that [i]t shall be the responsibility of the moderator to report any violation occurring under RSA 659:34 through RSA 659:44 to the attorney general. All fines imposed under RSA 659:35 through RSA 659:44 shall be paid to the county in which the offense was committed. All penalties assessed under RSA 659:34 shall be paid to the secretary of state for deposit into the election fund established pursuant to RSA 5:6-d. Town and City Clerks N.H. Rev. Stat. 652:14-a provides that [t]he city clerk shall be the chief elections officer with authority to establish uniform practices and procedures that conform to state and federal law for all elections conducted by the city. N.H. Rev. Stat. 654:8 provides that [t]he provisions of this section shall apply in all cities and in all towns. Any person who has his domicile in any town or city in this state and whose name does not appear on the checklist of said town or city may apply to the town or city clerk, or to the supervisors of the checklist as provided in RSA 654:11, for the purpose of having his name added thereto by filling out the form provided for in RSA 654:7. The office of the town or city clerk shall be required to accept applications from such persons under the following conditions: I. The supervisors of the checklist may issue guidelines to the town clerk for the taking of evidence of qualifications presented by applicants. II. No application hereunder shall be accepted after the last meeting of the supervisors of the checklist before an election. III. Such application shall be made during the regular office hours of the town or city clerk. N.H. Rev. Stat. 654:8-a provides that I. Any person qualified as a voter in a city whose name does not appear on the checklist where registration is required because the voter's voting domicile has changed from one ward in the city to another ward in the same city, and who is otherwise registered to vote in the election,

30 may change voter registration at the office of the city clerk. A change in voter registration under this section shall be made no later than the final date set for correcting the checklist in the city. The city clerk shall require the voter to provide acceptable proof of identification and acceptable proof of domicile. II. Upon compliance with the procedures in paragraph I, the city clerk shall notify the supervisors of the checklist of the proper polling place, directing that the voter be added to the checklist and be permitted to cast a ballot. N.H. Rev. Stat. 654:34-a provides that I. A town or city shall permit changes in party affiliation to be registered with a town or city clerk. II. In addition to the methods of changing party affiliation provided in RSA 654:34, any person whose name appears on the checklist of a town or ward may apply to the town or city clerk for the purpose of having his party affiliation changed. A person desiring to change his party affiliationshall state to the town or city clerk under oath or affirmation that: (a) He intends to affiliate with and generally supports the party with which he offers to register; or (b) He does not wish to be registered as a member of any party. III. No application for a change of party affiliation shall be accepted on the day of a primary election, except as provided in RSA 654:34, I and II. IV. Any application made under the provisions of this section shall be made during the regular office hours of the town or city clerk. V. Town and city clerks shall have power to administer oaths to the applicants that appear before them for the purposes of this section. VI. Any application made under the provisions of this section shall be signed and dated by the applicant. VII. The town or city clerk shall present to the next meeting of the supervisors of the checklist, in accordance with the checklist guidelines as provided by RSA 654:25, the name of any person who made application to him for a change of party affiliation and the name of the party with which he desires to be affiliated or that he desires to be affiliated with no party. The supervisors of the checklist shall cause the party affiliation of the applicant to be changed on the checklist. Any change submitted which is prohibited by the provisions of RSA 654:34, IV shall be retained by the supervisors; and the change shall be made as soon as permitted by law. N.H. Rev. Stat. 656:18 provides that [t]he secretary of state shall cause to be printed for each town 10 sample ballots. Such ballots shall be printed on tinted paper without facsimile endorsement but shall otherwise be identical to the state general election ballot. The sample ballots shall be forwarded as soon as printed to each town or ward clerk who shall post one copy in two public places in the town or ward within one day of their receipt and save the remainder to be posted on the day of the election as provided in RSA 658:26. N.H. Rev. Stat. 656:20 provides that

31 I. The secretary of state shall send the state general election ballots in a sealed package to the town and city clerks so they shall receive them no later than Tuesday immediately preceding the day of the state general election. The package shall be marked on the outside to clearly designate the town or city for which it is intended and the number of ballots enclosed. The secretary of state shall keep a record of the time when and the manner in which the packages were sent to the clerks and a record of the number of ballots so forwarded. A town or city clerk shall sign a receipt for the ballots received. II. Each town or city clerk, prior to election day, shall open the package in which the ballots are enclosed, in the presence of at least one other legal voter, to verify that the ballots in the package are all the proper ballots for that town or city. The clerk and one other legal voter shall then reseal the package with the sealing label provided by the secretary of state. N.H. Rev. Stat. 656:22 provides that [t]he official state primary election ballots shall be prepared by the secretary of state and shall be delivered by the secretary of state to town and city clerks so that the ballots shall be received not later than the Tuesday immediately preceding the state primary election. Each town and city clerk, in the presence of at least one other legal voter, shall verify the contents of the ballot package as provided under RSA 656:20 and reseal the ballots for use on election day. N.H. Rev. Stat. 656:28 provides that [t]he secretary of state shall furnish 10 sample state primary election ballots of each political party printed on white paper to each town or ward clerk and, upon request, a reasonable number of such sample ballots to each person whose name appears upon the ballot as a candidate. Each town or ward clerk shall post one sample ballot of each political party in each of two public places in the clerk's town or ward within one day of receiving such sample ballots and save the remainder to be posted on the day of the primary as provided in RSA 658:26. N.H. Rev. Stat. 656:29 provides that [t]he official presidential primary election ballot for each political party shall be sent by the secretary of state so as to be received by the city and town clerks no later than the Tuesday immediately preceding the presidential primary. Each town and city clerk, in the presence of at least one other legal voter, shall verify the contents of the ballot package as provided under RSA 656:20 and reseal the ballots for use on election day. N.H. Rev. Stat. 657:15 provides that [w]hen the verification required by RSA 657:12 or 657:13 has been made, the clerk shall retain the application and, without delay, personally deliver or mail to the applicant the appropriate ballot and materials as described in RSA 657:7 through 657:9 or designate an assistant to deliver such materials to the applicant. The clerk may not designate as an assistant any person who is a candidate for nomination or office or who is working for such a candidate. Any ballots sent pursuant to the provisions of this section shall be mailed or delivered only by officials from the city or town clerk's office and delivered only to the applicant. If the address to which the absent voter's ballot is sent is outside the United States or Canada, such papers shall be sent by air mail. Said clerks shall keep lists of the names and addresses, arranged by voting places, of all applicants to whom official absent voting ballots have been sent, and shall identify those official absent voting ballots which have been returned to the clerk. Candidates whose names appear on the ballot and persons bearing notarized requests or copies of notarized requests from candidates whose names appear on the ballot may obtain copies of such lists; the lists shall not be available for public inspection at any time without a court order. N.H. Rev. Stat. 657:16 provides that [i]f he or she refuses to certify the application, the town or city clerk shall notify the applicant in writing within 7 days to that effect. The town or city clerk shall provide the applicant with an absentee ballot and a notice that the ballot will not be counted unless the

32 applicant submits the documents necessary to complete an absentee registration. The applicant shall be advised in writing what documents, if any, have been received in proper form and which the applicant must submit in the return envelope that contains the absentee ballot affidavit envelope. The town or city clerk shall mark the exterior of the absentee ballot affidavit envelope with the words "Not Registered." If the applicant returns the required documents in proper form with the absentee ballot and if the applicant is found to be qualified, he or she shall be registered and his or her absentee ballot shall be processed in the same manner as the absentee ballot of a previously registered voter. If the ballot is returned without the required documents in proper form, the ballot shall be marked and preserved in the manner set for forth by law for successfully challenged absentee ballots. The clerk shall preserve the application of any applicant who is not registered as a voter until the time set by law for the destruction of the ballots after the election at which time the application shall be destroyed. Any justice of the superior court has jurisdiction in equity upon such notice as he or she may order to require that the name of the person making application for an absentee ballot be placed upon the checklist or registered as a member of any party and be sent an absentee ballot. N.H. Rev. Stat. 657:18 provides that [u]pon receipt of a return envelope purporting to contain an official absentee voting ballot, the clerk of the city or town shall attach thereto the application for an absentee ballot submitted by said voter. All such envelopes shall be preserved unopened until election day. Selectmen N.H. Rev. Stat. 41:8 provides that [e]very town, at the annual meeting, shall choose, by ballot, one selectman to hold office for 3 years. The selectmen shall manage the prudential affairs of the town and perform the duties by law prescribed. A majority of the selectmen shall be competent in all cases. N.H. Rev. Stat. 658:1 provides that [a]t least 14 days before any state general election, the selectmen shall post a warrant at all the polling places and at the office of the town or city clerk or at the town hall. Said warrant shall prescribe the hour the polls are to open and the hour before which they may not close as provided in RSA 659:4 and RSA 659:4-a. It shall also state all offices and questions which are to be voted on and the location of the central polling place and of any additional polling places. If the selectmen neglect to issue a warrant for the state general election, or if they neglect to cause copies of such warrant to be posted agreeably to any vote of the town, they shall for each offense be guilty of a violation and any fines collected shall be remitted to the town. N.H. Rev. Stat. 656:40 provides that..the selectmen of any town, subject to the approval of the ballot law commission, may authorize the use of one or more voting machines or devices for computerized casting and counting of ballots in such city or town on a trial basis for any regular or special election and pay the expense of such trial from any available funds. N.H. Rev. Stat. 658:2 provides that [e]ach town and ward political committee of the two political parties which cast the largest number of votes for governor in the state at the last previous general election is authorized to appoint between September 15 and October 15 of each general election year two inspectors of election to act at each polling place. If the number of voters qualified to vote at a polling place shall exceed 2,000, said political committees may each appoint for such polling place one additional inspector for each 1,500 qualified voters or fraction thereof in excess of 2,000. The town and ward political committees may also appoint such additional inspectors, equally divided between said two political parties, as the moderator considers necessary for the efficient conduct of the election. On or before October 15, the chairmen of said political committees shall notify the appointees and the town or ward clerk and city clerk concerned as to appointments made under this authority. If any such

33 appointments are not made by said political committees and proper notification thereof given on or before October 15, then the appointments shall be made by the selectmen of the town or ward in equal numbers from said two political parties. N.H. Rev. Stat. 658:9 provides that I. The selectmen of each town and ward shall provide for a suitable place in which to hold state elections and shall see that the same is warmed, lighted and furnished with proper supplies and conveniences. Such supplies and conveniences shall include a ballot box and a sufficient number of soft black lead pencils and booths with shelves to enable the voter to mark his ballot screened from all observation as to the manner in which he does so. Each place in which state elections are held shall be easily accessible as provided in RSA 658:9-a to all persons including physically disabled and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. The selectmen of each town and ward shall be charged with the responsibility to see that the flag of the United States is displayed inside and, weather conditions permitting, flown outside the polling place on election day. A guardrail shall be so constructed and placed so that only such persons as are inside such rail can approach within 6 feet of the ballot box and of the voting booths. The arrangements shall be such that the voting booths can be reached only by passing within the guardrail. II. The voting booths shall be in plain view of the election officers, and both they and the ballot box shall be in plain view of those outside the guardrail. Each of said booths shall have 3 sides enclosed, one side in front to open and shut by a door swinging outward or to be enclosed with a curtain. Each side of the booths shall be not less than 6 feet high. The booth shall be between 28 and 36 inches wide, and between 28 and 36 inches deep. The door or curtain shall extend to within two feet of the floor and shall be closed while the voter is marking his ballot. Each booth shall be well lighted and shall contain a shelf between 12 and 15 inches wide running the width of the booth at a convenient height for writing. The number of such voting booths available at each polling place shall not be less than one for every 125 voters or fraction thereof qualified to vote at such polling places. There shall not, in any case, be fewer than two of the voting booths described in this paragraph and one of the voting booths described in paragraph III at any polling place. The number of booths erected at the polling place shall be the number estimated by the selectmen to be necessary for the efficient conduct of the election plus any additional number requested by the moderator. III. In addition to the voting booths described in paragraph II, each polling place shall have one voting booth which is easily accessible to elderly persons and to persons with physical disabilities. Each booth shall have 3 sides enclosed, one side in front to open and shut by a door swinging outward or to be enclosed with a curtain. Each side of the booths shall be not less than 6 feet high. The booth shall be between 36 and 40 inches wide at its front door, between 60 and 66 inches deep, and between 36 and 40 inches wide along the back wall. The door or curtain shall extend to within two feet of the floor and shall be closed while the voter is marking his ballot. Each booth shall be well lighted and shall contain a shelf between 12 and 15 inches wide running the width of the booth at a height of between 30 and 32 inches which shall be convenient for writing with at least 28 inches of unobstructed space from the floor to the bottom of the shelf. Supervisors of the Checklist N.H. Rev. Stat. 41:46-a provides that [t]he board of supervisors of the checklist shall consist of 3 legal voters of the town. At the annual town election held in every even numbered year, the voters of

34 each town shall elect, by ballot, one supervisor for a term of 6 years, provided that the supervisor elected at the state general election in 1974 shall serve until the annual town election in 1980, and that the supervisor elected at the state general election in 1976 shall serve until the annual town election in N.H. Rev. Stat. 654:11 provides that [w]hen the supervisors of the checklist receive a registration form from the town or city clerk or when an applicant submits the form to said supervisors in person at a session for the correction of the checklist, the supervisors of the checklist shall cause his or her name to be added to the checklist, unless it is established that it is more likely than not that the applicant is not qualified to vote in the city or town under RSA 654:1 through 654:6. All decisions of the supervisors of the checklist shall be made by majority vote thereof. N.H. Rev. Stat. 654:12 provides that I. When determining the qualifications of an applicant, the supervisors of the checklist, or the town or city clerk, shall require the applicant to present proof of citizenship, age, and domicile, as provided in the following categories: (a) CITIZENSHIP. The supervisors of the checklist, or the town or city clerk, shall accept from the applicant any one of the following as proof of citizenship: the applicant's birth certificate, passport, naturalization papers if the applicant is a naturalized citizen, a citizenship affidavit, or any other reasonable documentation which indicates the applicant is a United States citizen. The citizenship affidavit shall be in the following form: Date: CITIZENSHIP AFFIDAVIT Name: Name at birth if different: Place of birth: Date of birth: Date and Place of Naturalization: I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am a United States citizen and that to the best of my knowledge and belief the information above is true and correct. (Signature of applicant) In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000. On the date shown above, before me, (print name of notary public, justice of the peace, election officer), appeared (print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief. Notary Public/Justice of the Peace/Official Authorized by RSA 659:30 (b) AGE. Any reasonable documentation indicating the applicant is 18 years of age or older. (c) DOMICILE. Any reasonable documentation which indicates that the applicant has a domicile and intends to maintain a domicile, as defined in this chapter, in the town, city or ward in which he or she desires to vote, or, if the applicant does not have reasonable documentation in his or her possession at the place and time of voter registration, an affidavit in the following form:

35 DOMICILE AFFIDAVIT Date: Name: Current Domicile Address: Street Ward Number Town or City Zip Code Date when current domicile was established: Month: Year: Place and date of birth: Address of last previous domicile: Street Ward Number Town or City Zip Code I hereby swear and affirm, under the penalties for voting fraud set forth below, that my established domicile is at the current domicile address I have entered above and that to the best of my knowledge and belief the information above is true and correct. (Signature of applicant) In accordance with RSA 659:34, the penalty for knowingly or purposefully providing false information when registering to vote or voting is a class A misdemeanor with a maximum sentence of imprisonment not to exceed one year and a fine not to exceed $2,000. Fraudulently registering to vote or voting is subject to a civil penalty not to exceed $5,000. On the date shown above, before me, (print name of notary public, justice of the peace, election officer), appeared ( print name of person whose signature is being notarized), (known to me or satisfactorily proven (circle one)) to be the person whose name appears above, and he or she subscribed his or her name to the foregoing affidavit and swore that the facts contained in this affidavit are true to the best of his or her knowledge and belief. Notary Public/Justice of thepeace/official Authorized by RSA 659:30 II. The supervisors may refuse to add the name of an applicant to the checklist if he or she fails to present the evidence or an affidavit as required by this section. Without limiting the acceptance of other forms of proof of domicile or identity deemed reasonable by the supervisors: (a) Any one of the following documents is presumptive evidence that the individual seeking to vote meets the domicile requirement, provided the document is currently valid, was issued to or in the name of the applicant, and shows the address the applicant claims as a domicile: (1) New Hampshire driver's license. (2) New Hampshire vehicle registration. (3) Armed services identification, or other photo identification issued by the United States government. (b) Any one of the following is presumptive evidence of the identity of an applicant sufficient to satisfy the identity requirement for an official authorized by RSA 659:30 to take the oath of an applicant swearing to a citizenship, domicile, or election day affidavit: (1) Photo driver's license issued by any state or the federal government. (2) United States passport, armed services identification, or other photo identification issued by the United States government. (3) Photo identification issued by local or state government. (c) The presumptions established in this paragraph may be defeated by evidence establishing that it is more likely than not that the applicant is not qualified as a voter. III. To prove the qualifications set forth in paragraphs I and II, an applicant for registration as a voter must prove his or her identity to establish that the evidence used to prove age, citizenship, and domicile relate to the applicant. A person who has in his or her immediate possession a photo identification

36 approved for use by paragraph II must present that identification when applying for registration. A person who does not have an approved photo identification with him or her may establish identity through any reasonable means, including, but not limited to: photo identification not approved by paragraph II, but determined to be legitimate by the supervisors of the checklist or clerk, verification of the person's identity by another person registered as a voter and known to the supervisor or clerk, or completion of the affidavit to be completed by a challenged voter. Residents of a nursing home or similar facility may prove their identity through verification of identity by the administrator of the facility or by his or her designee. For the purposes of this section, the application of a person whose identity has been verified by an official of a nursing home or similar facility shall be treated in the same manner as the application of a person who proved his or her identity with a photo identification. IV. Any person who is applying for registration as a voter and who is currently registered to vote in a different town or ward in New Hampshire shall complete the voter registration form provided for in RSA 654:7. If the election official receiving the application confirms through the centralized voter registration database required by RSA 654:45 that the applicant is currently registered to vote in New Hampshire, the applicant shall prove identity and domicile, but shall not be required to prove his or her age or citizenship. V. (a) The election official approving the application for registration as voter of a person who does not present an approved form of photo identification as proof of identity when registering, shall mark the voter registration form to indicate that no photo identification was presented. The person entering the voter information into the centralized voter registration database shall determine if the person is listed in the system as having been previously registered in the town or ward reported by the applicant on the voter registration form. If the person is a new registrant who has not been previously registered anywhere in New Hampshire or if the centralized voter registration database does not confirm a previous registration claimed on the voter registration form, the election official shall cause the record created in the centralized voter registration database to indicate that the person is a new applicant in New Hampshire and that no photo identification was presented. When municipalities enter information on people who register on election day into the centralized voter registration database, to the extent practical applicants who are registering for the first time in New Hampshire and who also register without presenting an approved photo identification shall be entered first. (b) The secretary of state shall cause a letter of identity verification to be mailed by first class mail to each voter identified at a state general election as a first-time election day registrant in New Hampshire who also did not verify his or her identity with an approved photo identification. The letter shall be mailed within 90 days after the general election. The secretary of state shall mark the envelope with instructions to the United States Post Office not to forward the letter and to provide address correction information. The letter shall notify the person that a person who was unable to present photo identification registered or registered and voted using his or her name and address and instruct the person to contact the attorney general immediately if he or she did not register and vote. (c) The secretary of state shall cause any letters mailed pursuant to subparagraph (b) that are returned as undeliverable by the United States Post Office to be referred to the attorney general. Upon receipt of notice from a person who receives a letter of identity verification that the person did not register and vote, or upon receipt of a referral from the secretary of state, the attorney general shall cause an investigation to be made to determine whether fraudulent registration or voting occurred. N.H. Rev. Stat. 654:13 provides that I. If the supervisors decide to add the name of the applicant to the checklist, then they shall retain the original of the registration form for their own file, forward one copy to the supervisors of the checklist of the city or town of the applicant's last voting address if said address is in the state of New Hampshire, Vermont, Maine, Massachusetts, Connecticut, or Rhode Island, and send another copy to the clerk of their town or city.

37 II. If the supervisors decide not to add the name of the applicant to the checklist, they shall send notification in writing to the applicant within 7 days stating the reason for the denial. They shall write the word "REJECTED" and the date of rejection across the registration form. They shall retain the original in a separate file for proof that such an application was made. N.H. Rev. Stat. 659:10 provides that [t]he supervisors shall be present at the opening of each election at which a checklist is to be used and shall have with them the corrected checklist for that election and shall remain in attendance until the close of the election. N.H. Rev. Stat. 659:102 provides that [n]o later than the second Friday after each regular state general election, and for each presidential primary election, the supervisors of the checklist in the towns, and the corresponding officers in the cities, shall send one of the marked checklists which were used in that election, certified by the officers, to the state archives. In addition, they shall send one of the unmarked checklists which were used in the state general election at which a president was elected to the clerk of the federal district court for the district of New Hampshire. One marked copy of every checklist used in any election shall be turned over to the town or city clerk by the supervisors. The clerk shall preserve such checklists in his custody for a public record for a period of no less than 5 years. Inspectors of Election N.H. Rev. Stat. 658:2 provides that [e]ach town and ward political committee of the two political parties which cast the largest number of votes for governor in the state at the last previous general election is authorized to appoint between September 15 and October 15 of each general election year two inspectors of election to act at each polling place. If the number of voters qualified to vote at a polling place shall exceed 2,000, said political committees may each appoint for such polling place one additional inspector for each 1,500 qualified voters or fraction thereof in excess of 2,000. The town and ward political committees may also appoint such additional inspectors, equally divided between said two political parties, as the moderator considers necessary for the efficient conduct of the election. On or before October 15, the chairmen of said political committees shall notify the appointees and the town or ward clerk and city clerk concerned as to appointments made under this authority. If any such appointments are not made by said political committees and proper notification thereof given on or before October 15, then the appointments shall be made by the selectmen of the town or ward in equal numbers from said two political parties. N.H. Rev. Stat. 658:25 provides that [t]wo of the inspectors, one from each of the two political parties, shall be designated by the moderator at the opening of the polls to act as ballot clerks. They shall have charge of the ballots and shall furnish them to the voters. They shall be given a duplicate copy of the checklist by the town or ward clerk. The other inspectors shall be assigned such duties in the polling place as the moderator may determine including, but not limited to, the relief of the ballot clerks and the assistance of the illiterate and physically disabled in voting their ballots as provided in RSA 659:20. N.H. Rev. Stat. 659:20 provides that [a]ny voter who declares to the moderator under oath that said voter cannot read or that, because of disability, is unable to mark his or her ballot shall, upon the voter's choice and request, receive the assistance of one or both of the inspectors of election detailed for that purpose by the moderator or of a person of the voter's choice provided that the person is not the voter's employer or union official. Such person so assisting shall be sworn, shall mark the ballot as

38 directed by said voter, and shall thereafter give no information regarding the same. Such person so assisting shall leave the space within the guardrail with the voter. AUTHORITIES REGARDING VOTER REGISTRATION I. INFORMATION FOR REGISTRANTS G. Eligibility Qualifying to Register to Vote N.H. Rev. Stat. 654:1 provides that I. Every inhabitant of the state, having a single established domicile for voting purposes, being a citizen of the United States, of the age provided for in Article 11 of Part First of the Constitution of New Hampshire, shall have a right at any meeting or election, to vote in the town, ward, or unincorporated place in which he or she is domiciled. An inhabitant's domicile for voting purposes is that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government. A person has the right to change domicile at any time, however a mere intention to change domicile in the future does not, of itself, terminate an established domicile before the person actually moves. A person's claim of domicile for voting purposes shall not be conclusive of the person's residence for any other legal purpose. II. Any elected or appointed official for whom one of the qualifications for his or her position is eligibility to be a voter in the area represented or served shall be considered to have resigned if the official moves his or her domicile so that he or she can no longer qualify to be a voter in the area represented or served. Any vacancy so created shall be filled as prescribed by law. N.H. Rev. Stat. 654:12 see Authorities Regarding State and Local Election Officials - Chief Election Officers and Their Responsibilities-Town and City Level Officials-Supervisors of the Checklist above. N.H. Rev. Stat. 654:34 provides that I. Change of registration of a voter whose party membership has been previously registered. (a) Any legal voter whose party membership has been registered may change such registration by appearing in person before the supervisors of the checklist for his town or ward any time they meet, except as prohibited by paragraph IV, and stating to them under oath or affirmation, if required, that: (1) He intends to affiliate with and generally supports the candidates of the party with which he offers to register, in which case he shall be registered as a member of such party; or (2) He does not wish to be registered as a member of any party, in which case his party designation shall be removed from the checklist. (b) He may also change such registration at any primary, upon making oath or affirmation to the same effect, but he shall not be permitted in such case to vote the ballot of any party at such primary. II. Change of registration of a voter who has been registered as an undeclared voter. (a) Any legal voter who has been registered as an undeclared voter may register as a member of the party of the voter's choice by appearing before the supervisors of the checklist for the voter's town or ward any time they meet, except as prohibited by paragraph IV, and stating to them, under oath or affirmation, if required, that the voter intends to affiliate with and generally supports the candidates of the party with which

39 the voter offers to register, in which case the voter shall be registered as a member of such party. (b) A voter may also register as a member of a party at any primary by requesting to be registered as a member and voting the ballot of the party of the voter's choice. A voter may also register once again as an undeclared voter after voting in a primary as a registered member of a party by returning the card provided for in paragraph V to the person at the polls designated by the town or city clerk to accept the card. All such cards shall be in the possession of the supervisors of the checklist at the close of the polls on election day. III. Notwithstanding any provision of paragraphs I and II to the contrary, no person who has voted in a primary may thereafter on the day of said primary change the person's party registration, unless, prior to voting in the primary, the person was registered as an undeclared voter, in which case the person may once again register as an undeclared voter, as provided in subparagraph II(b). IV. No person, who is already registered to vote, whether his party membership has been previously registered or not, shall affiliate with a party or disaffiliate from a party between the first Wednesday in June and the day before the state primary election. V. (a) At any primary, the supervisors of the checklist shall make available within the polling place a card to enable a voter who was registered as an undeclared voter but who changed registration on the day of the primary in order to vote as a registered member of a party to change registration so that the voter is registered once again as an undeclared voter. The card shall be in substantially the following form: Name (Print) Address I hereby request that my political party registration be changed as follows: From: Democrat [ ] or Republican [ ] or Libertarian [ ] To: Undeclared [ ] Signed under the pains and penalties of perjury. (b) The supervisors of the checklist, upon receipt of such a card, shall keep it until their next session of supervisors of the checklist for changing party registration at which time the sender's party registration shall be changed as indicated on the card. N.H. Rev. Stat. 659:14 provides that I. A person desiring to vote at a state or presidential primary election shall, at the time of announcing the person's name, also announce the name of the party to which the person belongs or whether the person is registered as an undeclared voter. If the person's party membership has been registered before, the person shall be given only the ballot of the party with which the person is registered, unless the person desires to vote the ballot of a party not having official existence at the time the person's party membership was previously registered, in which case the person may vote the ballot of such a party in the state primary election

40 immediately following the political organization's official existence as a party, and not in any subsequent state primary election. A person may also vote the ballot of such a party in the presidential primary election only if the presidential primary election precedes the state primary election to be held in that same year. If the rules of a party permit a person who is registered as an undeclared voter to vote in the party's primary, any person desiring to vote in that party's primary shall also announce the name of that party at the time of announcing the person's name. No person shall be permitted to vote in any more than one party primary during any primary election. II. The secretary of state shall include on the voter instruction cards required by RSA 658:28 whether a party rule has been adopted which permits a person who is registered as an undeclared voter to vote in the party's primary. The party chairman shall notify the secretary of state in writing prior to the filing period for state offices whether the party has adopted such a rule. This rule shall not be changed or rescinded by a party until the results of the primary have been announced, and any change or rescission shall be mailed to the secretary of state by the party chairman. N.H. Rev. Stat. 607-A:2 provides that I. A person sentenced for a felony, from the time of his sentence until his final discharge, may not: (a) Vote in an election, but if execution of sentence is suspended with or without the defendant being placed on probation or he is paroled after commitment to imprisonment, he may vote during the period of the suspension or parole; or (b) Become a candidate for or hold public office. II. A public office held at the time of sentence is forfeited as of the date of the sentence if the sentence is in this state or, if the sentence is in another state or in a federal court, as of the date a certification of the sentence from the sentencing court is filed in the office of secretary of state, who shall receive and file it as a public document. An appeal or other proceeding taken to set aside or otherwise nullify the conviction or sentence does not affect the application of this section, but if the conviction is reversed the defendant shall be restored to any public office forfeited under this chapter from the time of the reversal and shall be entitled to the emoluments thereof from the time of the forfeiture. N.H. Rev. Stat. 654:6 provides that [a]ny person convicted of bribery or intimidation relating to elections under RSA 659:40 shall thereafter be forever disqualified from exercising the right to vote, except that the supreme court may, on notice to the attorney general, restore the privileges of a voter to any person who may have forfeited them by conviction of such offenses. For purposes of voting, an individual was domiciled in a New Hampshire town, even though he maintained a residence in another state, where the individual s actions demonstrated his intent to change his domicile to the New Hampshire town. In particular, he treated the New Hampshire town as his residence, transferred his son to that school district, and developed a relationship with the town s community: Every v. Supervisors of the Madison Checklist, 124 N.H. 824, 474 A.2d 1059 (1984). Whether or not a new domicile has been acquired is primarily a question of fact under all the circumstances: McKee v. Bragg, 94 N.H. 349, 53 A.2d 428 (1947). Felon disenfranchisement statutes did not violate Part I, Article 11 of New Hampshire Constitution, since legislature retained authority under Article 11 to determine voter qualifications and such statutes were a reasonable exercise of legislative authority; incarcerated felons were therefore not "qualified" absentee voters

41 under absentee ballot provision of Article 11: Fischer v. Governor, 145 N.H. 28, 749 A.2d 321, 2000 N.H. LEXIS 16 (2000). Student Eligibility The text of the letter to college students provided on the website of the New Hampshire Secretary of State is as follows: VOTING AS A COLLEGE STUDENT Every person domiciled in New Hampshire, who is a United States citizen and age 18 or older should vote! Voting is a fundamental right and a responsibility of citizens in our democracy. It is the most important right because voting is the right by which citizens protect all other rights. College students are given a special privilege by New Hampshire election law. A student may choose as his/her voting domicile either the domicile he/she held before entering college or the domicile he/she has established while at college. Most other voters are only allowed to vote in the one municipality where they have the domicile where they spend most of their time and where they participate in civic activities and participate in government. The purpose of this notice is to help college students make informed choices about where to vote. While voting is a right, the law imposes on every person who wants to vote a duty to prove that he or she is qualified. The decision to establish legal domicile, for every person, carries with it certain consequences. This notice seeks to alert you about issues that you may want to study or investigate before making a final decision on where to vote. If you are qualified, you should vote! Students attending college in New Hampshire are encouraged to register to vote and to exercise that right in their home town or in the town or city where they live while attending college provided they establish their legal domicile in that town or city. New Hampshire law permits a qualified voter who is a college student to vote by mail, using an absentee ballot, at the town/city where the student was domiciled in New Hampshire prior to moving to attend college, provided the student will be absent from that home town on election day. Students attending college in New Hampshire from other states may also have the right to vote by absentee ballot at their home town in their home state. Unlike New Hampshire, some states have absentee ballot deadlines earlier than the day prior to election day. If you are considering requesting an absentee ballot from another state within 30 days prior to an election, you should check with your local election officials in that state. Registering to Vote Absentee If you will be away from your home town or place of domicile on election day and will not be home before the election, you may register to vote by requesting the absentee voter registration form from your town or city clerk. Names and addresses of all clerks in New Hampshire are located on the web at: Voting Absentee If you are already registered to vote in your home town, or if you have registered to vote absentee, you may request an absentee ballot from your town or city clerk where you will be voting. You may apply by letter or by using the appropriate application, which you can download from the secretary of state's website at For the November General Election you should submit your request now. When mailing back the absentee ballot, make sure it is received by the town clerk no later than 5:00 p.m. on the day of the election. Registering to vote in person

42 Registering to vote is quick and easy when you can bring your valid New Hampshire driver's license or non-driver ID, provided it shows the address that you are claiming as your voting domicile. You may register in person at the town or city clerk's office up to 10 days prior to the election or on election day at the polling place. Whether you register at your previous domicile (in your home town) or at a college address (where you live while attending college), you must present documentation to establish your identity, age, domicile and citizenship. Your New Hampshire driver's license, provided it shows the address you are claiming as your voting domicile, will be proof of age and domicile and will establish your identity. If you do not have a current New Hampshire driver's license, you can prove your qualifications in other ways: Identity Driver's license (New Hampshire or out-of-state); a U.S. or state-issued photo I.D.; a passport, or any other proof determined reasonable by the supervisors of the checklist. A new federal law, Help America Vote Act (HAVA) requires each person applying to register to vote to provide a driver's license or non-driver ID number (if the voter has a license or non-driver ID from any State) or, only if the voter is not licensed to drive or does not have a state issued non-driver identification, the last four digits of your social security number. See section on legal significance below. Age Birth certificate (or copy), passport, driver's license, or non-driver identification. U.S. Citizenship Birth certificate (or copy), passport or citizenship affidavit. Domicile (Legal address) New Hampshire driver's license listing the address you claim as your voting domicile, motor vehicle registration or government issued photo ID with your current address, or any other proof accepted as reasonable by the supervisors of the checklist or a Domicile Affidavit. Check with the town or city clerk in the municipality where you plan to register to determine if that town/city has adopted a list of alternative documents that will be accepted as presumptive proof of domicile. Some towns accept forms issued by your college or university. The Clerk s contact information is listed on the secretary of state s web site noted above. For most people, their domicile is where they sleep most nights of the year. It is the place where the United States Post Office or a delivery service would deliver mail or packages that must be signed for in person. Students, however, have a right to keep the domicile they held prior to entering college or to choose to establish their legal residence/domicile where they live while at college. When to Register You are encouraged to register to vote now. You can do this at the town or city clerk's office. Remember to bring your driver's license or non-driver ID, if you have one. You will avoid waiting in registration lines on election day if you register at least ten days before the election. You may also register and vote on election day. The legal significance of establishing or changing your voting domicile/legal residence. YOUR RIGHT TO VOTE IS NOT AFFECTED BY WHERE YOU OBTAIN A DRIVER'S LICENSE OR REGISTER YOUR CAR. If you establish legal domicile/residence in New Hampshire, drive a vehicle in this State, and fail, within 60 days, to obtain a New Hampshire license or if you fail, within 60 days, to register a car you own and operate in New Hampshire, you may be subject to fines, administrative penalties, or loss of driving privileges under the motor vehicle laws. Establishing a voting domicile also has the effect of making that place your legal residence for many purposes including motor vehicle laws. Voting records may be matched with motor vehicle department records to ensure valid information is provided in the voter registration process. Starting in 2006, all new applicants for voter registration will have their records matched with motor vehicle

43 records. If you are going to drive in New Hampshire, establishing a legal residence in New Hampshire carries with it the duty to get a New Hampshire license and if you own a vehicle here, to register your vehicle here, through the town/city where you vote. Failing to comply with these motor vehicle laws, however, will NOT affect your right to vote. The legal effects of changing your residence/domicile will vary from student to student and may affect legal interests other than your right to vote. None of these legal interests affects your right to register and vote where you were domiciled prior to coming to college or your right to register and vote where you are domiciled while attending college. The following is not legal advice and is meant only to provide you with information that may help you make an informed decision regarding where to vote. If you have questions, you are encouraged to consult with your parents, legal advisor or college officials. Changing your legal address might cause unrelated changes to things such as: Health insurance most health insurance is not affected. If you obtain insurance through a family plan that requires your legal domicile be at your family residence, you may want to check with your family or your insurance agent. Car insurance usually affected only if you obtain insurance through a family plan that requires your legal domicile be at your family residence. Check with your family or your insurance agent. Taxes only individuals with significant assets or tax liabilities might be affected. If you are in this category you may want to check with your tax advisor. Any scholarship or grant that is conditioned on your being and remaining a legal resident of a particular town/city or state. Financial aid officers report that major student loan and grant programs including Pell, Perkins, Stafford, PLUS, SEOG, and federal work study are not affected. Check with your financial aid officer. Many legal interests, like your in-state versus out-of-state tuition status is not affected by moving your legal residence/domicile to the town where you live while attending college. Do not let these concerns discourage you from voting, however, consider them when making an informed decision about where to vote. For a few students it may be important to register and vote in the "home town" where you resided before entering college. If you have questions or concerns regarding whether changing your legal residence will affect any of these legal interests, you should inquire with your parents, your insurance company, your tax advisor, the organization or entity that granted you a scholarship/grant, or your college financial aid office. State and local election officials do not have information on the many different insurance programs, scholarships, and grants that exist and will not be able to answer questions about the legal effect of changing your legal residence/domicile. If you have questions about the election laws, the complete laws are available at Questions may also be directed to the secretary of state's office at or to your town/city supervisors of the checklist/clerk. If you believe your rights as a voter are being denied you may file a complaint with the Attorney General's Office by calling toll free (1-866-voter03). Restoration of Voting Rights N.H. Rev. Stat. 607-A:2 provides that I. A person sentenced for a felony, from the time of his sentence until his final discharge, may not: (a) Vote in an election, but if execution of sentence is suspended with or without the defendant being placed on probation or he is paroled after commitment to imprisonment, he may vote during the period of the suspension or parole; or

44 (b) Become a candidate for or hold public office. II. A public office held at the time of sentence is forfeited as of the date of the sentence if the sentence is in this state or, if the sentence is in another state or in a federal court, as of the date a certification of the sentence from the sentencing court is filed in the office of secretary of state, who shall receive and file it as a public document. An appeal or other proceeding taken to set aside or otherwise nullify the conviction or sentence does not affect the application of this section, but if the conviction is reversed the defendant shall be restored to any public office forfeited under this chapter from the time of the reversal and shall be entitled to the emoluments thereof from the time of the forfeiture. N.H. Rev. Stat. 607-A:5 provides that I. If the sentence was imposed in this state, the order, certificate, or other instrument of discharge given to a person sentenced for a felony upon his discharge after completion of service of his sentence or after service under probation or parole shall state that the defendant's rights to vote and to hold any future public office, of which he was deprived by this chapter, are thereby restored and that he suffers no other disability by virtue of his conviction and sentence except as otherwise provided by this chapter. A copy of the order or other instrument of discharge shall be filed with the clerk of the court of conviction. II. If the sentence was imposed in another state or in a federal court and the convicted person has similarly been discharged by the appropriate authorities, the governor of this state, upon application and proof of the discharge in such form as the governor may require, shall issue a certificate stating that the rights enumerated in paragraph I have been restored to the defendant under the laws of this state. III. If another state having a similar act issues its certificate of discharge to a convicted person stating that the defendant's rights have been restored, the rights of which he was deprived in this state under this chapter are restored to him in this state. N.H. Rev. Stat. 654:6 provides that [a]ny person convicted of bribery or intimidation relating to elections under RSA 659:40 shall thereafter be forever disqualified from exercising the right to vote, except that the supreme court may, on notice to the attorney general, restore the privileges of a voter to any person who may have forfeited them by conviction of such offenses. N.H. Rev. Stat. 654:2-a provides that I. The domicile for voting purposes of a person confined in a penal institution shall be the town or city in New Hampshire in which such person had his or her domicile immediately prior to such confinement, even though such person no longer maintains a domicile in said town or city and even though his or her intent to return thereto is uncertain. The domicile for voting purposes of a person confined in a penal institution shall not include the municipality where the person is confined unless the person was domiciled in that municipality prior to confinement. If the person was domiciled immediately prior to confinement in the municipality where the person is confined, the person shall be considered absent for purposes of voter registration and absentee voting during the period of confinement. II. A person confined in a penal institution whose domicile is in a town or city in New Hampshire shall be eligible to vote in state elections and shall exercise that right by absentee ballot provided: (a) The person complies with all other applicable requirements and qualifications of the state of New Hampshire, including, but not limited to, the requirement that an absentee voter take the steps necessary to have his or her name placed on the voter checklist no later than 10 days before an election and the requirement that the absentee voter take the steps necessary to

45 make sure that his or her ballot is received by the town or city clerk from whom it was sent by 5:00 p.m. on election day. A person confined in a penal institution shall use the mail to comply with all applicable requirements and qualifications. (b) The person is not registered to vote or eligible to vote in any other state or election district of a state or in any territory or possession of the United States. (c) The person is not a citizen of another state. III. In completing a voter registration form, as specified in RSA 654:7, a person confined in a penal institution shall list the address of his or her domicile in the address section, and the address of the penal institution in the mailing address section. Overseas Citizens and Armed Services Voters N.H. Rev. Stat. 654:3 provides that [n]otwithstanding any other provision of law to the contrary, any United States citizen being at least 18 years of age as provided in Article 11 of Part First of the Constitution of New Hampshire, who is domiciled outside the United States, shall have the right to register absentee to vote in any federal election in the town or city in New Hampshire in which he or she had his or her domicile immediately prior to his or her departure from the United States, even though he or she no longer maintains domicile in said town or city and even though his or her intent to return thereto is uncertain, provided: I. He or she complies with all other applicable requirements and qualifications of the state of New Hampshire; and II. He or she is not domiciled and is not registered to vote in any other state or election district of a state or in any territory or possession of the United States; and III. He or she has a valid passport or card of identity issued under the authority of the secretary of state of the United States. N.H. Rev. Stat. 654:4 provides that I. Notwithstanding any other provision of law to the contrary, an armed services voter, as hereinafter defined, being a citizen of the United States and being at least 18 years of age as provided in Article 11 of Part First of the Constitution of New Hampshire shall have the right to vote absentee in any state election in the town or city in New Hampshire in which he had his domicile immediately prior to such service, even though he no longer maintains domicile in said town or city and even though his intent to return thereto is uncertain, provided: (a) He complies with all other applicable requirements and qualifications of the state of New Hampshire. (b) He is not registered to vote in any other state or election district of a state or in any territory or possession of the United States. II. As used in this section, the term "armed services voter" means: (a) Members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Ocean Survey, and Public Health Service, and all regular and reserve components thereof, while in active service. (b) Members of the Merchant Marine of the United States in active service, including persons (other than members of the armed forces) employed as officers or members of crews of vessels documented under the laws of the United States, or of vessels owned by the United States, or of vessels of foreign-flag registry under charter to or control of the United States, and persons (other than members of the armed forces) enrolled with the United States for employment, or for training for employment, or maintained by the United States for emergency relief service, as officers or members of crews of any such vessels; but does not include persons so employed or

46 enrolled for such employment or for training for such employment, or maintained for such emergency relief service, on the great lakes or the inland waterways. (c) Civilian employees of the United States government, including the peace corps, serving outside the territorial limits of the several states of the United States and the District of Columbia, whether or not the employee is subject to civil service laws and the Classification Act of 1949, and whether or not paid from funds appropriated by the Congress. (d) Members of religious groups or welfare agencies assisting members of the armed forces, who are officially attached to and serving with the armed forces. (e) The spouses or dependents of any person described in subparagraph (a), (b), (c), or (d) when residing with or accompanying them. Submitting Registration Applications Procedures N.H. Rev. Stat. 654:8 provides that [t]he provisions of this section shall apply in all cities and in all towns. Any person who has his domicile in any town or city in this state and whose name does not appear on the checklist of said town or city may apply to the town or city clerk, or to the supervisors of the checklist as provided in RSA 654:11, for the purpose of having his name added thereto by filling out the form provided for in RSA 654:7. The office of the town or city clerk shall be required to accept applications from such persons under the following conditions: I. The supervisors of the checklist may issue guidelines to the town clerk for the taking of evidence of qualifications presented by applicants. II. No application hereunder shall be accepted after the last meeting of the supervisors of the checklist before an election. III. Such application shall be made during the regular office hours of the town or city clerk. N.H. Rev. Stat. 654:7-a provides that I. The provisions of this section and those of RSA 654:7-b shall be used as an additional procedure for voter registration. For the purposes of this section and RSA 654:7-b, the term "election day" shall refer to state primary and to state general elections, to all town, city, school district, and village district elections, and to all official ballot meetings where persons may vote by absentee ballot. A person who registers to vote on election day according to the provisions of this section shall also be required to complete the voter registration form provided for in RSA 654:7. The provisions of this section and those of RSA 654:7-b shall apply notwithstanding any provision of RSA 654 to the contrary. II. Any person whose name is not on the checklist but who is otherwise a qualified voter shall be entitled to vote by requesting to be registered to vote at the polling place on election day. The voter may then vote at that election. The applicant shall be required to produce appropriate proof of qualifications as provided in RSA 654:12. III. Any person who is waiting to register to vote at the polling place on election day at the time scheduled for the closing of the polls shall be allowed to vote if determined to be qualified to register. N.H. Rev. Stat. 654:11 provides that [w]hen the supervisors of the checklist receive a registration form from the town or city clerk or when an applicant submits the form to said supervisors in person at a session for the correction of the checklist, the supervisors of the checklist shall cause his or her name to be added to the checklist, unless it is established that it is more likely than not that the applicant is not qualified to vote in the city or town under RSA 654:1 through 654:6. All decisions of the supervisors of the checklist shall be made by majority vote thereof.

47 N.H. Rev. Stat. 654:16 provides that [a]ny person who has his domicile in any town or city in this state and is qualified to vote therein at the next subsequent election to be held in said town or city except for the fact that his name does not appear on the checklist to be used at the election, and who is temporarily absent therefrom or who by reason of physical disability is unable to attend a meeting of the supervisors of the checklist, may cause his name to be added to such checklist by applying to the city or town clerk or the secretary of state for a voter registration form provided for in RSA 654:7 and an appropriate absentee registration affidavit provided for in RSA 654:17. N.H. Rev. Stat. 654:27 provides that [i]n cities and towns, the supervisors of the checklist shall be in session for the correction of the checklist at some suitable place in the city or town on the Saturday 10 days prior to the election and upon which all hearings shall be finally closed; provided that if the Saturday falls on a holiday weekend, that session shall be held on Tuesday, 7 days prior to the election, between 7:00 p.m. and 7:30 p.m. and at the discretion of the supervisors for extended hours. Notice of the day, hour, and place of each session of the board of supervisors shall be given upon the checklists first posted and shall be published in a newspaper of general circulation in the city or town at least 7 days prior to each such session. The reconvening of any session which has been adjourned shall not require the publication of notice. N.H. Rev. Stat. 654:28 provides that [t]he supervisors of the checklist shall hear all applications for a correction of the checklist and the evidence submitted thereon and shall correct it according to their best knowledge so that it contains only the names of those persons qualified to vote at said election. The names of all persons not qualified to vote at the time of any session, but who shall clearly be qualified to vote on election day, may be added to the checklist at that session. The session which is held on the Saturday 10 days prior to election day shall be held as a minimum requirement between 11:00 a.m. and 11:30 a.m. and at the discretion of the supervisors for additional hours. No additions or corrections shall be made after the Saturday session, except as provided in RSA 659:12 or RSA 654:27, provided, however, that if the Saturday falls on a holiday weekend, that session shall be held on Tuesday, 7 days prior to the election, between 7:00 p.m. and 7:30 p.m. and at the discretion of the supervisors for extended hours. The additions and corrections resulting from such session shall be made to the previously posted checklist on or before midnight on the succeeding Friday either by additions or corrections to said checklist or by posting a new corrected checklist. Notice of such additions or corrections to the checklist shall also be given to the town or city clerk. Processing Applications N.H. Rev. Stat. 654:12 see Authorities Regarding State and Local Election Officials - Chief Election Officers and Their Responsibilities-Town and City Level Officials-Supervisors of the Checklist above. N.H. Rev. Stat. 654:13 provides that I. If the supervisors decide to add the name of the applicant to the checklist, then they shall retain the original of the registration form for their own file, forward one copy to the supervisors of the checklist of the city or town of the applicant's last voting address if said address is in the state of New Hampshire, Vermont, Maine, Massachusetts, Connecticut, or Rhode Island, and send another copy to the clerk of their town or city. II. If the supervisors decide not to add the name of the applicant to the checklist, they shall send notification in writing to the applicant within 7 days stating the reason for the denial. They shall write the word "REJECTED" and the date of rejection across the registration form. They shall retain the original in a separate file for proof that such an application was made.

48 N.H. Rev. Stat. 654:42 provides that [a]ny citizen of the state may, in term time or vacation, file a complaint with the superior court stating that his name is illegally kept from, or his name or that of some other citizen is illegally placed upon, the checklist of a town or ward, and the facts upon which the complaint is based. Said complaint shall be deemed sufficient if it sets forth the basis of the complaint and may be filed by the complainant with the clerk of court or any justice thereof. The complainant may appear with or without counsel. Thereupon, the presiding justice in term time, or any justice of the superior court in vacation, shall order that a copy of the complaint be served on the supervisors of the checklist of the town and on the citizens other than the complainant named in the petition and shall set a time and place for an immediate hearing. The justice hearing the case may order the name of the voter concerning whom the complaint is made to be added or removed from the checklist as justice requires, and his decision shall be final on questions of fact as in equity cases. II. INFORMATION FOR THIRD PARTY REGISTRATION GROUPS Assistance with Registration and Other Election Documents N.H. Rev. Stat. 659:20 provides that [a]ny voter who declares to the moderator under oath that said voter cannot read or that, because of disability, is unable to mark his or her ballot shall, upon the voter's choice and request, receive the assistance of one or both of the inspectors of election detailed for that purpose by the moderator or of a person of the voter's choice provided that the person is not the voter's employer or union official. Such person so assisting shall be sworn, shall mark the ballot as directed by said voter, and shall thereafter give no information regarding the same. Such person so assisting shall leave the space within the guardrail with the voter. Restrictions Regarding use of Registration Form Information N.H. Rev. Stat. 654:25 provides that [t]he secretary of state shall issue and distribute guidelines for the composition and style of checklists and for the maintenance of data related to checklists by which the supervisors of the checklist shall compile and correct the checklist. Such guidelines shall specify the information which will be maintained and updated by the supervisors. The secretary shall establish standard forms and procedures for the use of the supervisors for the maintenance of such information. The information to be maintained and updated shall include the full name, address, and party affiliation, if any, of each voter on the checklist and such other information as the secretary requires. Every checklist used at any election shall contain the full name, address, and party affiliation, if any, of each voter on the checklist. The name and address of a voter shall not appear on the checklist at the request of the voter if the voter presents to the supervisors of the checklist a valid protective order pursuant to RSA 173-B. The name, address, and mailing address, if different, of such a voter shall be maintained on a separate list of voters, which shall be nonpublic and not subject to RSA 91-A. If it is necessary to establish such a nonpublic list, the public checklist shall be marked at the end with a notation of the number of voters whose names are maintained on the nonpublic list. N.H. Rev. Stat. 654:31 provides that I. In this section: (a) "Checklist information" means the data, in any form, required to be placed on the public checklist by RSA 654:25, when that data is obtained or derived from a checklist or from the statewide centralized voter registration database maintained by the secretary of state. (b) "Commercial purposes" means knowingly using, selling, giving, or receiving the checklist information for the purpose of selling or offering for sale any property or service unrelated to an election or political campaign.

49 (c) "Nonpublic checklist" means the checklist bearing the names of voters who by law are entitled to have their status as a voter kept nonpublic. (d) "Public checklist" means the checklist required by RSA 654:25 which contains the names of voters who by law are to be listed on a checklist available to the public in accordance with the restrictions established by this section. II. In towns and cities, the public checklist as corrected by the supervisors shall be open for the examination of any person at all times before the opening of a meeting or election at which the list is to be used. The supervisors of the checklist shall furnish one or more copies of the most recent public checklist of their town or city to any person requesting such copies. The supervisors of the checklist may only provide checklist information for their town or city. The supervisors of the checklist shall charge a fee of $25 for each copy of the public checklist for a town or ward. For public checklists containing more than 2,500 names, the supervisors of the checklist shall charge a fee of $25, plus $0.50 per thousand names or portion thereof in excess of 2,500, plus any shipping costs. The supervisors of the checklist may provide public checklist information on paper, computer disk, computer tape, electronic transfer, or any other form. III. Any person may view the data that would be available on the public checklist, as corrected by the supervisors of the checklist, on the statewide centralized voter registration database maintained by the secretary of state at the state records and archives center during normal business hours, but the person viewing data at the state records and archives center may not print, duplicate, transmit, or alter the data. IV. The secretary of state shall, upon request, provide to a political party, as defined in RSA 664:2, IV, or to a political committee, as defined in RSA 664:2, III, a list of the name, street address, mailing address, town or city, voter history, and party affiliation, if any, of every registered voter in the state. The secretary of state shall, upon request, provide to a candidate for county, state, or federal office a list of the name, street address, mailing address, town or city, voter history, and party affiliation, if any, of every registered voter in the state or in the candidate's district. In this section, "voter history" means whether the person voted and, for primary elections, in which party's primary the person voted, in each state election for the preceding two years. The secretary of state shall charge a fee of $25 plus $0.50 per thousand names or portion thereof in excess of 2,500 plus shipping charges for each copy of the list provided under this section. In addition, the secretary of state shall charge and collect on behalf of and remit to the supervisors of the checklist of each city and town the amount that such supervisors would have charged had the public checklist of their city or town been purchased from them. The secretary of state may provide lists as prescribed in this section on paper, computer disk, computer tape, electronic transfer, or any other form. V. Except for fees collected on behalf of a city or town, fees collected by the secretary of state under this section shall be deposited in the election fund established pursuant to RSA 5:6-d. Fees collected by a town or city or by the secretary of state on behalf of a city or town under this section shall be for the use of the town or city. VI. No person shall use or permit the use of checklist or voter information provided by any supervisors of the checklist or by the secretary of state for commercial purposes. Whoever knowingly violates any of the provisions of this section shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. The secretary of state may insert inauthentic entries into copies of the public checklist provided under this section for purposes of facilitating enforcement of this paragraph. VII. This section shall not be construed to restrict the transfer of checklist information to the state or federal courts as required by RSA 654:45 for any lawful purpose. N.H. Rev. Stat. 654:31-a provides that [t]he information contained on the checklist of a town or city, specifically, the name, street address, mailing address, town or city, and party affiliation, if any, of

50 registered voters, except as otherwise provided by statute, is public information subject to RSA 91-A. All other information on the voter registration form, absentee registration affidavit, citizenship and domicile affidavits, and application for absentee ballot shall be treated as confidential information and the records containing this information shall be exempt from the public disclosure provisions of RSA 91-A, except as provided by statutes other than RSA 91-A. Notwithstanding the foregoing, citizenship and domicile affidavits are public records subject to RSA 91-A for the sole purpose of challenging an individual registering to vote or voting, challenging ballots to be recounted, to the extent that such ballot challenges are specifically authorized by law, or determining the accuracy of any citizenship or domicile affidavit. Election officials and law enforcement personnel in furtherance of their official duties may access and may disclose information from the voter registration form, citizenship and domicile affidavits, absentee registration affidavits, and applications for absentee ballots, if necessary to resolve a challenge to an individual registering to vote or voting, or if necessary to investigate or prosecute election law violations or any crime. Law enforcement access and use of such records for the investigation or prosecution of crimes unrelated to election law violations shall be limited to the records of the specific individuals who are the subject of the investigation or prosecution. N.H. Rev. Stat. 659:102 provides that [n]o later than the second Friday after each regular state general election, and for each presidential primary election, the supervisors of the checklist in the towns, and the corresponding officers in the cities, shall send one of the marked checklists which were used in that election, certified by the officers, to the state archives. In addition, they shall send one of the unmarked checklists which were used in the state general election at which a president was elected to the clerk of the federal district court for the district of New Hampshire. One marked copy of every checklist used in any election shall be turned over to the town or city clerk by the supervisors. The clerk shall preserve such checklists in his custody for a public record for a period of no less than 5 years. Copying Voter Registration Applications N.H. Rev. Stat. 654:31 see Restrictions Regarding use of Registration Form Information above. III. STATEWIDE VOTER REGISTRATION DATABASE: MAINTENANCE AND REMOVAL OF VOTERS Updating the Voter Registration Database Adding Voters to the Voter Registration Database N.H. Rev. Stat. 654:12 see Authorities Regarding State and Local Election Officials - Chief Election Officers and Their Responsibilities-Town and City Level Officials-Supervisors of the Checklist above. N.H. Rev. Stat. 654:13 provides that I. If the supervisors decide to add the name of the applicant to the checklist, then they shall retain the original of the registration form for their own file, forward one copy to the supervisors of the checklist of the city or town of the applicant's last voting address if said address is in the state of New Hampshire, Vermont, Maine, Massachusetts, Connecticut, or Rhode Island, and send another copy to the clerk of their town or city. II. If the supervisors decide not to add the name of the applicant to the checklist, they shall send notification in writing to the applicant within 7 days stating the reason for the denial. They shall write the word "REJECTED" and the date of rejection across the registration form. They shall retain the original in a separate file for proof that such an application was made.

51 Removing Voters from the Voter Registration Database N.H. Rev. Stat. 654:36 provides that [i]f the supervisors of the checklist have received a notice of transfer from another board of supervisors of the checklist in the state of New Hampshire that a voter whose name is on the checklist has been added to the checklist of some other town or city, they shall strike that name from the checklist at the next session for the correction of the checklist. They shall retain the notice as proof of their reasoning in striking the name from the checklist. N.H. Rev. Stat. 654:37 provides that [w]henever there is filed in his office an official notice of the death of any person or persons of the age of 18 years or over, the town or city clerk shall notify the supervisors of the checklist of said deaths by submitting a notice of same to the supervisors at their next regular meeting. Upon receipt of such notice, the supervisors shall examine the checklist; and, if the name of said deceased person appears thereon, it shall be removed prior to the next election. Any supervisor who shall neglect or refuse to erase the name of such deceased voter from the checklist after receiving such notice from the town or city clerk shall be guilty of a violation. N.H. Rev. Stat. 654:38 provides that [o]n petition of 50 registered voters or 5 percent of the registered voters in any town or ward, whichever is less, or on petition of a majority of the board of supervisors of the checklist filed with the secretary of state no later than the fifth Friday after a state election, the ballot law commission shall conduct an investigation to determine whether or not there should be a revision and verification of the checklist of said town or ward. At least one public hearing duly advertised in a newspaper of general circulation in said town or city shall be held by the commission at such time and place it may determine. In the event of an affirmative decision, the commission shall direct the supervisors to revise and verify such checklist. Thereupon the supervisors shall revise and verify such checklist in the following manner: I. Between April 1 and August 1 in the next even-numbered year, the supervisors shall advertise notice of their sessions at least twice in a newspaper of general circulation in the town or city and hold sufficient sessions for verification of the checklist as in their opinion will enable all eligible voters in said town or ward to appear before them and register or reregister as the case may be. Whenever a person is reregistered, his party designation, if any, on the checklist undergoing revision shall not be changed except as provided in RSA 654:34. II. Beginning June 1, and not later than 60 days thereafter, the supervisors shall review the checklist and shall strike therefrom the names of all persons who have not registered or reregistered under paragraph I of this section; provided that there shall not be stricken from said checklist the name of any person duly qualified to vote unless such person shall, not less than 30 days prior to such action, have been sent notice by the supervisors at his last known address of his failure to reregister stating the procedure to be followed in order to reregister and have his name retained on said checklist nor unless such person shall have been given a reasonable opportunity to follow said procedure. III. Upon completion of verification of the checklist, but, in no event later than September 1, the supervisors shall file with the secretary of state the following certificate: We, the supervisors of the checklist of the town (or ward ) of, do hereby certify that we have verified the checklist of registered voters in the town (or ward of the city) of as directed by the ballot law commission. IV. In verifying the checklist in accordance with the provisions hereof, the supervisors shall not register or reregister any person unless he is a duly qualified voter as required by the provisions of RSA 654:1-654:6.

52 V. The supervisors may appoint such temporary assistant supervisors as may be necessary, but who shall have none of the powers and duties of supervisors. As compensation for services performed hereunder, the supervisors and assistant supervisors shall receive such sums as may be voted by the city government or town meeting of the city or town in which they serve. N.H. Rev. Stat. 654:39 provides that I. In addition to any verification carried out under the provisions of RSA 654:38, the supervisors shall verify the checklist in 1981 and once every 10 years thereafter. II. Between April 1 and August 1 of 1981 and thereafter in each year ending with a one, the supervisors shall advertise and post notice of their sessions at least twice in a newspaper of general circulation and at the office of the town or city clerk or at the town hall and hold sufficient sessions for verification of the checklist as in their opinion will enable all eligible voters in said town or ward to appear before them and register or reregister as the case may be. Whenever a person is reregistered, his party designation, if any, on the checklist undergoing revision shall not be changed except as provided in RSA 654:34. III. Beginning June 1 of such year, the supervisors shall review the checklist and shall strike therefrom the names of all persons who have not registered or reregistered under paragraphs I and IV; provided, that there shall not be stricken from said checklist the name of any person duly qualified to vote unless such person, not less than 30 days prior to such action, shall have been sent notice by the supervisors at his last known address of his failure to reregister stating the procedure to be followed in order to reregister and have his name retained on said checklist nor unless such person shall have been given a reasonable opportunity to follow said procedure. IV. For the purpose of this section, a person shall be deemed reregistered and need not appear before the supervisors if: (a) The person voted in either of the two previous state general elections immediately preceding a 10-year verification; or (b) The person voted in the annual town election in the year of a 10-year verification or, if in a city, the most recent regular city election held prior to the verification. V. Upon completion of verification of the checklist, but in no event later than September 1, the supervisors shall file with the secretary of state the following certificate: We, the supervisors of the checklist (or registrars of voters) of the town (or ward ) of, do hereby certify that we have verified the checklist of registered voters in the town (or ward of the city) of, pursuant to the provisions of RSA 654:39. VI. In verifying the checklist in accordance with this section, the provisions of RSA 654:38, IV and V shall apply. N.H. Rev. Stat. 654:44 provides that I. The supervisors shall remove no person's name from the checklist of their town or ward unless they shall send notice by mail to the last known address of the person whose name they wish to remove from the checklist stating the reason they are considering removing such person's name from the checklist. Such notice shall also state the time and the place at which the supervisors shall meet to consider the removal of that person's name and shall give the date of such meeting which shall be at least 30 days after they send such notice. At such meeting, the person whose name the supervisors wish to remove shall have a chance as he wishes to state in person or to present in writing personally, or by mail or other messenger, or by any such combination of these as he chooses, the reasons why his name should be left on the checklist. The supervisors shall not remove a person's name from the checklist until after the completion of the written or oral statement, if any, of the person whose name they wish to remove from

53 the checklist at the meeting held at least 30 days after they sent the notice this section requires. The supervisors shall keep records as proof of compliance with this paragraph. II. The provisions of this section do not apply to the removal of the names of persons for whom the supervisors have received a report of transfer or death as provided in RSA 654:36 or 654:37, nor to the removal of names during the period for verification of the checklist as provided in RSA 654:38 or 654:39, nor to the removal of names of persons for whom they have received a notice from a duly authorized board of registration from a community outside New Hampshire stating that a person whose name is on the checklist of the town or ward in New Hampshire has registered to vote outside New Hampshire. N.H. Rev. Stat. 654:36-b provides that [i]f the supervisors of the checklist receive a report from the United States Postal Service or the department of safety directly or as communicated by the secretary of state through the centralized voter registration database that a voter has permanently changed his or her address to another town, city, or state, they shall strike that name from the checklist at the next session for the correction of the checklist. As an alternative, the supervisors of the checklist may first send a 30-day notice letter and then shall remove the name from the checklist if the voter does not respond to that notice. N.H. Rev. Stat. 654:31 see Restrictions Regarding use of Registration Form Information above. Correcting the Voter Registration List Procedures N.H. Rev. Stat. 654:42 provides that [a]ny citizen of the state may, in term time or vacation, file a complaint with the superior court stating that his name is illegally kept from, or his name or that of some other citizen is illegally placed upon, the checklist of a town or ward, and the facts upon which the complaint is based. Said complaint shall be deemed sufficient if it sets forth the basis of the complaint and may be filed by the complainant with the clerk of court or any justice thereof. The complainant may appear with or without counsel. Thereupon, the presiding justice in term time, or any justice of the superior court in vacation, shall order that a copy of the complaint be served on the supervisors of the checklist of the town and on the citizens other than the complainant named in the petition and shall set a time and place for an immediate hearing. The justice hearing the case may order the name of the voter concerning whom the complaint is made to be added or removed from the checklist as justice requires, and his decision shall be final on questions of fact as in equity cases. In complaint under this section seeking removal of name from checklist of town decision of trial court was final unless erroneous as matter of law: Hart v. Batchelder, 104 N.H. 132, 180 A.2d 440, 1962 N.H. LEXIS 34 (1962). AUTHORITIES REGARDING PREPARATION FOR ELECTION DAY I. PREPARATION FOR ELECTION DAY H. Polling Places The location of polling places N.H. Rev. Stat. 658:9 provides that [t]he selectmen of each town and ward shall provide for a suitable place in which to hold state elections and shall see that the same is warmed, lighted, and furnished with proper supplies and conveniences. Such supplies and conveniences shall include a ballot

54 box and a sufficient number of soft black lead pencils and booths with shelves to enable the voter to mark his or her ballot screened from all observation as to the manner in which he or she does so. N.H. Rev. Stat. 658:10 provides that [t]he selectmen shall provide one or more additional polling places in such town and shall, at least 30 days before the next following general election, determine the boundaries of the voting district to be served by each such additional polling place. N.H. Rev. Stat. 658:1 provides that [a]t least 14 days before any state general election, the selectmen shall post a warrant at all the polling places and at the office of the town or city clerk or at the town hall. Said warrant shall prescribe the hour the polls are to open and the hour before which they may not close as provided in RSA 659:4 and RSA 659:4-a. It shall also state all offices and questions which are to be voted on and the location of the central polling place and of any additional polling places. If the selectmen neglect to issue a warrant for the state general election, or if they neglect to cause copies of such warrant to be posted agreeably to any vote of the town, they shall for each offense be guilty of a violation and any fines collected shall be remitted to the town. Ballot Delivery and Design N.H. Rev. Stat. 656:3 provides that [a]t least 6 days before any state general election is to be held, the official state general election ballot shall be sent by the secretary of state to the city and town clerks. N.H. Rev. Stat. 656:15 provides that [t]he state general election ballot shall be printed on plain white paper in weight not less than that of ordinary printing paper. A constitutional question submitted on a separate ballot shall be printed on colored paper. N.H. Rev. Stat. 656:18 provides that [t]he secretary of state shall cause to be printed for each town 10 sample ballots. Such ballots shall be printed on tinted paper without facsimile endorsement but shall otherwise be identical to the state general election ballot. The sample ballots shall be forwarded as soon as printed to each town or ward clerk who shall post one copy in two public places in the town or ward within one day of their receipt and save the remainder to be posted on the day of the election as provided in RSA 658:26. N.H. Rev. Stat. 656:20 provides that I. The secretary of state shall send the state general election ballots in a sealed package to the town and city clerks so they shall receive them no later than Tuesday immediately preceding the day of the state general election. The package shall be marked on the outside to clearly designate the town or city for which it is intended and the number of ballots enclosed. The secretary of state shall keep a record of the time when and the manner in which the packages were sent to the clerks and a record of the number of ballots so forwarded. A town or city clerk shall sign a receipt for the ballots received. II. Each town or city clerk, prior to election day, shall open the package in which the ballots are enclosed, in the presence of at least one other legal voter, to verify that the ballots in the package are all the proper ballots for that town or city. The clerk and one other legal voter shall then reseal the package with the sealing label provided by the secretary of state. N.H. Rev. Stat. 656:4 provides that [e]very state general election ballot shall contain the name of each candidate who has been nominated in accordance with the election laws, except as hereinafter provided, and shall contain no other name except party appellations. The names and addresses of the presidential electors shall not be printed on the ballot, but, in lieu thereof, the names of a party's

55 candidates for president and vice-president shall be printed thereon under the designation for "President and Vice-President of the United States". N.H. Rev. Stat. 656:5 provides that [t]he names of all candidates nominated in accordance with the election laws shall be arranged upon the state general election ballot in successive party columns. Each separate column shall contain the names of the candidates of one party; except that, if only a part of a full list of candidates is nominated by a political party, two or more such lists may be arranged whenever practicable in the same column. The party columns that list the names of candidates for offices that elect more than one person shall stagger the names of the candidates so that they do not line up evenly in a horizontal direction. The left-most column shall begin one line below the column to its right. The secretary of state shall determine the location of any additional columns that may appear on the ballot. N.H. Rev. Stat. 656:9 provides that [a]bove each party column shall be printed in large, plain letters the name of the political party by which the candidates in such column were nominated. N.H. Rev. Stat. 656:6 provides that [i]mmediately to the left of the set of party columns shall be an offices column which shall list the offices, each preceded by the word "For," for which the candidates whose names are listed in the party columns have been nominated, as in "For Governor." Below each such phrase shall be printed in small but easily legible letters "Vote for not more than (here insert a number designating how many persons are to be voted for)." N.H. Rev. Stat. 656:8 provides that [d]irectly at the right of the name of each candidate there shall be a square, box, oval, or other appropriate symbol for directing voters where to make the appropriate mark; except that, in the case of president and vice-president of the United States, one square, box, oval, or other appropriate symbol shall suffice which shall be placed opposite the designation "President and Vice-President of the United States". N.H. Rev. Stat. 656:12 provides that [a]t the end of the list of candidates for each office, there shall be left as many blank lines as there are offices to be filled which a voter may use to write in the name of any person for whom the voter desires to vote. N.H. Rev. Stat. 656:13 provides that [e]xcept for constitutional amendments, whenever a question is submitted to voters at a state general election as provided in RSA 663, the question shall be printed on the state general election ballot following the offices columns. Printed after the question there shall be two squares, one with the word "yes" beside it and another with the word "no" beside it. N.H. Rev. Stat. 656:14 provides that [t]he question of whether to approve a proposed constitutional amendment may be submitted to the vote of the people at a state general election but may be on a special and separate ballot as provided in RSA 663:2. Voting Machines N.H. Rev. Stat. 656:40 provides that [t]he mayor and aldermen of any city or the selectmen of any town, subject to the approval of the ballot law commission, may authorize the use of one or more voting machines or devices for computerized casting and counting of ballots in such city or town on a trial basis for any regular or special election and pay the expense of such trial from any available funds. The use of such machines or devices so authorized shall be valid for all purposes. Any town, or the mayor and aldermen of any city, may vote to lease or purchase voting machines or devices for the elections held in said town or city. Any town, or the mayor and aldermen of any city, so acting shall notify the secretary of state of the action taken in regard to voting machines or devices; and, after said

56 action, voting machines or devices shall be used in said town or city in accordance with said vote or authorization. Notwithstanding any vote of adoption of voting machines, the mayor and aldermen of any city or the selectmen of any town may petition the ballot law commission to allow the use of paper ballots in any one or more elections. N.H. Rev. Stat. 656:41 provides that [t]he ballot law commission shall act as a board to examine voting machines and devices for computerized casting and counting of ballots. The commission shall, whenever requested, examine any voting machine or device which may be capable of meeting the requirements for elections held in this state. The commission shall approve such voting machine or device in its discretion, and no voting machine or device shall be used in any election in this state unless it reads the voter's choice on a paper ballot and is of a type so approved by the ballot law commission. Any voting machine or device that is altered must be re-approved before it is used in any election in this state. For the purposes of this section, a machine shall be considered altered if any mechanical or electronic part, hardware, software, or programming has been altered. N.H. Rev. Stat. 656:42 provides that: I. The ballot law commission shall make such rules as may be necessary to ensure the accuracy of voting machines or devices, including rules for the testing of voting machines or devices prior to each election and the submission of testing records to the secretary of state. The ballot law commission shall make such rules as may be necessary in order that voting machines or devices for computerized casting and counting of ballots may be used in this state in such a manner that the election laws may be complied with as far as possible. Said commission shall have the power and authority in making rules to declare certain laws relative to distribution and marking of ballots and other requirements inconsistent with the use of voting machines or devices ineffective in towns and cities adopting such a method of voting. The presiding officer at each polling place shall enforce the rules of the ballot law commission made under the authority of this section. II. Consistent with the rules of the ballot law commission the secretary of state shall include protocols for the testing of voting machines in the election manual authorized by RSA 652:22. Each machine shall be tested after installation and prior to each election. III. Any company, partnership, proprietorship, or other person, wherever located, which supplies, maintains, or programs voting machines which are used in elections in New Hampshire is subject to regulation by this state. IV. Each person described in paragraph III shall designate, in writing, an agent for service of all process, including, but not limited to summonses, writs, orders, petitions, and subpoenas, and shall agree in writing that the attorney general, in conjunction with any election investigation, may inspect its records, machines or other devices, and premises. V. Any such person described in paragraph III who fails to properly program and test voting machines shall be liable to reimburse the state for the cost of any recount which is necessitated by such failure. VI. Any person who knowingly violates the testing procedures established under this section or the rules of the ballot law commission shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Information Made Available to the Public Prior to Election Day N.H. Rev. Stat. 656:11 provides that [a]t least 100 days before the time of holding any primary, the secretary of state shall prepare and distribute to each town and city clerk in the state a notice in writing designating the offices for which candidates are to be nominated and that delegates to the state convention are to be elected.

57 N.H. Rev. Stat. 656:12 provides that [e]ach city clerk shall distribute such notices to the ward clerks in his city. Each town and ward clerk shall, within 10 days after the receipt of such notice, cause notice of such primary to be posted in two public places in his town or ward. Such notice shall prescribe the hour the polls are to open and the hour before which they may not close as provided in RSA 659. It shall state the offices for which candidates are to be nominated, the delegates to be elected, and any questions to be voted on, as well as the location of the central polling place and of any additional polling places. It shall also state the date before which declarations of candidacy must be filed to place names upon the ballots to be used at such primary, the officers with whom they must be filed, the fees to be paid at the time of filing such papers and the number of primary petitions which may be submitted in lieu of the filing fees. N.H. Rev. Stat. 654:26 provides that [t]he supervisors shall make and post copies of the current checklist at the office of the town or city clerk or at the town hall not later than the fourth Tuesday before the day of any state election. N.H. Rev. Stat. 658:1 provides that [a]t least 14 days before any state general election, the selectmen shall post a warrant at all the polling places and at the office of the town or city clerk or at the town hall. Said warrant shall prescribe the hour the polls are to open and the hour before which they may not close as provided in RSA 659:4 and RSA 659:4-a. It shall also state all offices and questions which are to be voted on and the location of the central polling place and of any additional polling places. If the selectmen neglect to issue a warrant for the state general election, or if they neglect to cause copies of such warrant to be posted agreeably to any vote of the town, they shall for each offense be guilty of a violation and any fines collected shall be remitted to the town. N.H. Rev. Stat. 669:2 provides that [t]he selectmen shall include as part of the warrant for the annual town meeting a warrant for each annual town election which shall prescribe the place, day and hour of the election, the officers to be elected, and the questions to be submitted to the voters. In a town which has adopted an official ballot system for the election of town officers, the warrant shall specify the time the polls are open and the hour before which the polls may not close. The warrant shall clearly specify which items shall be voted on by ballot at the town election and which items shall be considered at the town business meeting. In a town which has not adopted an official ballot system, it shall be sufficient for a town meeting warrant to list items to be taken up at the town business meeting, including the election of town officers. Materials Available at Polling Places N.H. Rev. Stat. 658:26 provides that [t]he town or city clerk shall cause the sample ballots provided for in RSA 656:18 and 656:28 to be posted outside the guardrail in the polling place. For the general election, he shall cause two sample ballots to be posted. For the state and presidential primaries, he shall cause two sample ballots of each party to be posted. At least one sample ballot for the general election and one sample ballot of each party for each of the primaries shall be posted no higher than 48" so as to be convenient for those voters in wheelchairs. N.H. Rev. Stat. 658:28 provides that [t]he secretary of state shall also prepare full instructions for the guidance of voters at such elections as to obtaining ballots, the manner of marking them, the method of gaining assistance and obtaining new ballots in place of those accidentally spoiled. He shall cause the same to be printed on separate cards to be called voter instruction cards and shall furnish a suitable number of the same to each town and ward clerk. Each town and ward clerk shall cause one voter instruction card to be posted in each voting booth and not less than 3 such cards to be posted immediately outside the guardrail in the polling place.

58 N.H. Rev. Stat. 658:29 provides that [t]he secretary of state shall prepare and distribute copies of the following RSA sections which the selectmen shall post or cause to be posted outside the guardrail in the polling place at all elections: RSA 654:7-a, RSA 654:7- b; RSA 659:27, RSA 659:30, RSA 659:31, RSA 659:32, RSA 659:34, RSA 659:35, RSA 659:37, RSA 659:38, RSA 659:40, RSA 659:41, RSA 659:103; RSA 666:4, RSA 666:5, RSA 666:8. In addition, the secretary of state shall include any other statutes or regulations that are required to be posted by state or federal law. The secretary of state may also include statutes or regulations that, in the secretary of state's judgment, would aid a voter in casting a vote or in contacting the appropriate official if the voter believes that his or her voting rights are being violated. N.H. Rev. Stat. 658:9(I) provides that [t]he selectmen of each town and ward shall provide for a suitable place in which to hold state elections and shall see that the same is warmed, lighted and furnished with proper supplies and conveniences. Such supplies and conveniences shall include a ballot box and a sufficient number of soft black lead pencils and booths with shelves to enable the voter to mark his ballot screened from all observation as to the manner in which he does so. Poll workers and Human Resources Inspectors of Election. N.H. Rev. Stat. 658:2 provides that [e]ach town and ward political committee of the two political parties which cast the largest number of votes for governor in the state at the last previous general election is authorized to appoint between September 15 and October 15 of each general election year two inspectors of election to act at each polling place. If the number of voters qualified to vote at a polling place shall exceed 2,000, said political committees may each appoint for such polling place one additional inspector for each 1,500 qualified voters or fraction thereof in excess of 2,000. The town and ward political committees may also appoint such additional inspectors, equally divided between said two political parties, as the moderator considers necessary for the efficient conduct of the election. On or before October 15, the chairmen of said political committees shall notify the appointees and the town or ward clerk and city clerk concerned as to appointments made under this authority. If any such appointments are not made by said political committees and proper notification thereof given on or before October 15, then the appointments shall be made by the selectmen of the town or ward in equal numbers from said two political parties. N.H. Rev. Stat. 658:3 provides that [t]he inspectors of election shall be registered to vote at the polling place where they serve. N.H. Rev. Stat. 658:4 provides that [e]ach inspector of election shall be sworn to the faithful performance of his duties and shall hold office for two years from November 1 in the year in which he is appointed or until a successor is appointed and qualified. N.H. Rev. Stat. 658:5 provides that [i]n making appointments of inspectors of elections as provided in RSA 658:2, town and ward political committees or town and ward selectmen may designate a list of alternates, who shall meet the same qualifications as inspectors of elections, to be called in

59 numerical order to serve in case one or more of the principal appointees fails to accept the appointment or is otherwise unavailable to perform his duties. N.H. Rev. Stat. 658:6 provides that [i]n case any appointment shall not be made as provided in RSA 658:2 or 658:5 or vacancies are not filled as provided in RSA 658:22, then, on application of 6 qualified voters of the town or ward, a justice of the municipal or district court shall appoint the inspectors. Ballot Clerks. N.H. Rev. Stat. 658:25 provides that [t]wo of the inspectors, one from each of the two political parties, shall be designated by the moderator at the opening of the polls to act as ballot clerks. They shall have charge of the ballots and shall furnish them to the voters. They shall be given a duplicate copy of the checklist by the town or ward clerk. The other inspectors shall be assigned such duties in the polling place as the moderator may determine including, but not limited to, the relief of the ballot clerks and the assistance of the illiterate and physically disabled in voting their ballots as provided in RSA 659:20. II. POLLING PLACE PROCEDURES DURING VOTING I. Hours of Operation and Protocols for Opening and Closing the Polling Place N.H. Rev. Stat. 659:4 provides that [a]t all state elections in towns and cities the polls shall open not later than 11 o'clock in the morning and shall close not earlier than 7 o'clock in the evening. In cities, the city council shall determine the polling hours no later than 30 days prior to a state election. N.H. Rev. Stat. 659:4-a(I) provides that [a]t any annual town meeting, any town may vote to place a question on the state election ballot to change the hours at which polls shall open, provided that the polls shall not open later than 11 o'clock in the morning and shall not close earlier than 7 o'clock in the evening. Such vote shall be under an article inserted into the warrant pursuant to RSA 39:3. The wording of the question shall be as follows: "Polling hours in the town of (name of town) are now (hour at which polls now open) to (hour at which polls now close). Shall we place a question on the state election ballot to change polling hours so that polls shall open at (proposed hour at which polls would open) and close at (proposed hour at which polls would close) for all regular state elections beginning (next state election)?" N.H. Rev. Stat. 658:30 provides that [t]he city or town clerk shall deliver to the election officers before the opening of the polls on the day of the election the sealed packages of ballots in their possession together with filament tape or other similar tape with which to seal the ballots. Any city or town clerk who shall fail to deliver such material to the election officers as herein provided shall be guilty of a violation. N.H. Rev. Stat. 658:31 provides that [a]t or prior to the opening of the polls in each town or ward, the seal of the packages shall be publicly broken by the town or ward clerk; and the ballots shall be given to the ballot clerks and the ballots shall be examined and counted by the election officers in the presence of the clerk, the moderator, and at least one other legal voter. If the ballots are counted prior

60 to the opening of the polls, the clerk shall post, in an appropriate place and prior to election day, notice of the time and place of the counting. N.H. Rev. Stat. 658:36 provides that [a]t the opening of the polls, the ballot box shall be publicly opened and shown to be empty; and the election officers shall ascertain that fact by a personal examination of the box. N.H. Rev. Stat. 659:3 provides that [n]otwithstanding any provision of law to the contrary, the voters present at the polling place may vote to close the polls at any time that the number of those who have voted plus the number of absentee ballots received at the polls equals the number of names on the checklist. N.H. Rev. Stat. 659:3-a provides that [t]he polls may not be closed pursuant to RSA 659:3 in Dixville or Hart's Location until every person domiciled in the town who is not on the checklist has been contacted by the town clerk to see if they wish to register to vote prior to the closing of the polls. J. Polling Place Requirements Preparation of Polling Place N.H. Rev. Stat. 658:9 see Authorities regarding State and Local Election Officials - Chief Election Officers and their Responsibilities Town and City Level Officials Selectmen above. Accessibility N.H. Rev. Stat. 658:9-a provides that [e]very polling place in which state elections are held shall be easily accessible to all persons, including persons with disabilities and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. In order for a polling place to be considered accessible to elderly persons and to persons with physical disabilities, the following conditions shall be met; provided, however, that the provisions of paragraph I may be adopted by each municipality on an optional basis: I. Where parking is provided for the polling place, there shall be at least one van-accessible parking space that is in compliance with the New Hampshire building code, RSA 155-A, and with standards implementing the Americans with Disabilities Act of 1990, 28 C.F.R. part 36 and designated with the international symbol of accessibility. The van-accessible parking space shall be at least 8 feet wide with an adjacent and parallel access aisle that is at least 8 feet wide and located on a level surface as close as possible to the accessible entrance. There shall be a clear path of travel without curbs or steps to the accessible entrance of the polling place from the van accessible parking. II. The paths of travel to and from the polling place shall comply with the accessible route requirements of the New Hampshire building code, RSA 155-A, and with standards implementing the Americans with Disabilities Act of 1990, 28 C.F.R. part 36. III. If there is a curb in a path of travel to the accessible entrance to the polling place, there shall be a curb ramp that complies with the New Hampshire building code, RSA 155-A, and with standards implementing the Americans with Disabilities Act of 1990, 28 C.F.R. part 36. IV. Where a ramp is provided, the ramp shall comply with the New Hampshire building code, RSA 155- A, and with standards implementing the Americans with Disabilities Act of 1990, 28 C.F.R. part 36.

61 V. Entrances, doors, and doorways shall comply with the New Hampshire building code, RSA 155-A, with standards implementing the Americans with Disabilities Act of 1990, 28 C.F.R. part 36, and with the following requirements: (a) There shall be at least one primary entrance to the polling place accessible to elderly persons and persons with disabilities and clearly marked with the international symbol of accessibility. (b) If there are entrances that are not accessible, they shall have signs posted directing voters to the accessible entrance. VI. The path of travel in the interior of the polling place shall comply with the accessible route requirements of the New Hampshire building code, RSA 155-A, and with standards implementing the Americans with Disabilities Act of 1990, 28 C.F.R. part 36. III. WHO MAY BE PRESENT AT THE POLLING PLACE K. Persons Who May Be Inside the Polling Location Other Than Voters: N.H. Rev. Stat. 659:21 provides that [n]o person other than the election officers, the voters admitted or those admitted to aid a voter pursuant to RSA 659:20 shall be permitted within the guardrail except by the authority of the election officers and, then, only for the purpose of keeping order and enforcing the law. N.H. Rev. Stat. 659:20 provides that [a]ny voter who declares to the moderator under oath that said voter cannot read or that, because of disability, is unable to mark his or her ballot shall, upon the voter's choice and request, receive the assistance of one or both of the inspectors of election detailed for that purpose by the moderator or of a person of the voter's choice provided that the person is not the voter's employer or union official. Such person so assisting shall be sworn, shall mark the ballot as directed by said voter, and shall thereafter give no information regarding the same. Such person so assisting shall leave the space within the guardrail with the voter. IV. POLLING PLACES: CONDUCT, RULES AND PROHIBITIONS ON INTIMIDATION AND DECEPTION OF VOTERS L. Conduct At or Around the Polling Place N.H. Rev. Stat. 659:37 provides that [n]o person shall interfere or attempt to interfere with any voter when such voter is in the space within the guardrail or endeavor to induce any voter before voting to show how he marks or has marked his ballot. Whoever knowingly violates this section shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. N.H. Rev. Stat. 659:38 provides that [n]o person shall forge or falsely make the official endorsement on any official ballot, or furnish to any voter a ballot with the intent that such voter shall use the same in voting instead of the ballot given him by the ballot clerk, or take or remove any ballot outside the guardrail before the close of the polls, or knowingly delay the delivery of any ballots. Whoever knowingly violates this provision shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. N.H. Rev. Stat. 659:39 provides that [a]ny person who shall directly or indirectly give intoxicating liquor to a voter at any time with a view to influencing any election shall be guilty as provided in RSA 640:2. N.H. Rev. Stat. 659:40 provides that

62 I. No person shall directly or indirectly bribe any person not to register to vote or any voter not to vote or to vote for or against any question submitted to voters or to vote for or against any ticket or candidate for office at any election. II. No person shall use or threaten force, violence, or any tactic of coercion or intimidation to knowingly induce or compel any other person to vote or refrain from voting, vote or refrain from voting for any particular candidate or ballot measure, or refrain from registering to vote. III. No person shall engage in voter suppression by knowingly attempting to prevent or deter another person from voting or registering to vote based on fraudulent, deceptive, misleading, or spurious grounds or information. Prohibited acts of voter suppression include: (a) Challenging another person's right to register to vote or to vote based on information that he or she knows to be false or misleading. (b) Attempting to induce another person to refrain from registering to vote or from voting by providing that person with information that he or she knows to be false or misleading. (c) Attempting to induce another person to refrain from registering to vote or from voting at the proper place or time by providing information that he or she knows to be false or misleading about the date, time, place, or manner of the election. IV. Whoever violates the provisions of this section or whoever conspires to violate the provisions of this section shall be guilty of a class B felony. V. This section is not intended to preclude prosecution or sentencing under any section of RSA 640. N.H. Rev. Stat. 659:43 provides that I. No person who is a candidate for office or who is representing or working for a candidate shall distribute or post at a polling place any campaign material in the form of a poster, card, handbill, placard, picture, or circular which is intended to influence the action of the voter within the building where the election is being held. II. No person who is a candidate for office or who is representing or working for a candidate shall distribute any campaign materials or perform any electioneering activities or any activity which affects the safety, welfare and rights of voters within a corridor 10 feet wide and extending a distance from the entrance door of the building as determined by the moderator where the election is being held. III. Whoever violates any of the provisions of this section shall be guilty of a violation. IV. (a) Whoever violates any of the provisions of this section shall be subject to a civil penalty not to exceed $1,000. (b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 659:43 a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the election fund established pursuant to RSA 5:6-d. (c) The attorney general shall have authority to notify suspected violators of this section of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the election fund established pursuant to RSA 5:6-d. AUTHORITIES REGARDING ABSENTEE VOTING I. VOTING BY ABSENTEE BALLOT N.H. Rev. Stat. 657:1 provides that [a]ny person who is absent on the day of any state election from the city, town, or unincorporated place in which he or she is registered to vote or who cannot appear in public on any election day because of his or her observance of a religious commitment or who is unable to vote there in person by reason of physical disability may vote at such elections as provided

63 in this chapter. A person who is unable to appear at any time during polling hours at his or her polling place because an employment obligation requires the person to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close shall be considered absent for purposes of this chapter. N.H. Rev. Stat. 657:2 provides that [a]ny person who is registered as an overseas voter in any city or town as provided in RSA 654:20, 654:21, and 654:23 may vote in federal elections as provided in this chapter. N.H. Rev. Stat. 657:3 provides that [r]egardless of whether he is previously registered, any person qualified as an armed services voter as provided in RSA 654:4 may vote absentee at any state election in the New Hampshire city or town which was last his home as provided in this chapter. II. REQUESTING AN ABSENTEE BALLOT M. Requesting an Absentee Ballot N.H. Rev. Stat. 657:6 provides that [a]n application form for an absentee ballot shall be mailed or delivered to any person who applies therefor to the secretary of state or to any town or city clerk. It shall be filled out by the applicant and sent to the clerk of the town or city in which he desires to vote. Alternatively, a person may apply for an official absentee ballot by sending to said clerk a written statement containing the information required by the appropriate paragraph of RSA 657:4, or by the federal post card application. Information necessary to obtain an absentee ballot N.H. Rev. Stat. 657:4 provides that [p]rior to any state election, the secretary of state shall prepare the appropriate application forms for absentee ballots worded in substantially the following form. The secretary of state shall insert the names of all parties qualified as set forth in RSA 652:11 in the list of parties on the application form. The secretary of state shall prepare the application forms in such quantity as he or she deems necessary: I. Absence (Excluding Absence Due to Residence Outside the Continental United States), Religious Observance, and Disability: New Hampshire law requires that you vote in person at the polling place for your town or ward unless you: a. Plan to be absent on the day of the election from the city, town, or unincorporated place in which you are registered to vote. b. Cannot appear in public on election day because of observance of a religious commitment. c. Are unable to vote in person due to a disability. d. Cannot appear at any time during polling hours at your polling place because an employment obligation requires you to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close. RSA 657:1. Any person who votes or attempts to vote using an absentee ballot who is not entitled to vote by absentee ballot shall be guilty of a misdemeanor. RSA 657:24.

64 I am requesting an absentee ballot for the following election: State Primary. I am member of the: Republican Party Democratic Party or I am now declaring my affiliation with that party and am requesting a ballot for that party's primary. General Election Applicant's Name (Last) (First) (Middle) (DOB) Applicant's Voting Domicile (home address): (Street) (City/Town) (zip) Mail the ballot to me at this address: I hereby declare that: I am a duly qualified voter who is currently registered to vote in this town/ward. I am absent from the town/city where I am domiciled and will be until after the next election, or I am unable to register in person due to a disability, and request that the forms necessary for absentee voter registration be sent to me with the absentee ballot. I will be entitled to vote by absentee ballot at the election designated above because: I plan to be absent on the day of the election from the city, town, or unincorporated place where I am domiciled. I am requesting a ballot for the presidential primary election and I may be absent on the day of the election from the city, town, or unincorporated place where I am domiciled, but the date of the election has not been announced. I understand that I may only make such a request 14 days after the filing period for candidates has closed, and that if I will not be absent on the date of the election I am not eligible to vote by absentee ballot. I cannot appear in public on election day because of observance of a religious commitment. I am unable to vote in person due to a disability. I cannot appear at any time during polling hours at my polling place because an employment obligation requires me to remain physically at work or to be in transit to or from work from the time the polls open until after the time the polls close. This application form must be signed by the applicant. The absentee ballot forms you receive will require you to sign an affidavit confirming that you are entitled to vote by absentee ballot due to one of the reasons stated above. The moderator is required to compare the signature on the affidavit to your signature on this form. The absentee ballot will not be counted if the affidavit and this form do not appear to have been signed by the same person. RSA 659:50. Signature of the Applicant II. Any person that publishes, mails, or distributes in any manner any written communication that contains a form or postcard which a reasonable person would consider as intended to be used by the recipient of the communication to submit a request for an absentee ballot shall attach a copy of the form prepared by the secretary of state pursuant to paragraph I of this section to the communication or include in the communication a complete facsimile of the form prepared by the secretary of state pursuant to paragraph I of this section. Any person that violates this paragraph shall be subject to a civil penalty not to exceed $1,000, to be imposed in the manner set forth in RSA 659:34, III-V. III. (a) Absence Due to Residence Outside the Continental United States:

65 To the city or town clerk of I,, hereby apply for an official absentee ballot. I am a duly qualified voter and entitled to vote in ward, city or town of. Mail absentee ballot to. Signature Street and Number City or Town, State and Country (b) Overseas Voting: To the city or town clerk of I,, hereby apply for an official overseas citizens federal election absentee ballot. I am a duly qualified overseas voter and entitled to vote in federal elections held in the city or town of. Mail overseas citizens federal election absentee ballot to Signature Street and Number City or Town, Province, Country (c) Armed Services Voting: To the town or city clerk of I,, hereby apply for an official armed services absentee ballot. I am: a. A member of the armed forces of the United States. Service ( ) Organization b. A member of the merchant marine of the United States. ( ) c. A civilian employee of the United States government serving outside ( ) the United States. d. A member of a religious group or welfare agency assisting members ( ) of the armed forces. Organization e. A spouse or dependent of a person listed in a, b, c, or d above. ( ) My complete service address is:

66 My (non-military) domicile in New Hampshire immediately prior to such service was: street and number city or town Signature of Applicant. N.H. Rev. Stat. 657:12 provides that [u]pon receipt of a properly executed application for an official absentee ballot, whether the form supplied by the secretary of state, the federal post card application form, or a written statement containing the information required by the appropriate paragraph of RSA 657:4, a town or city clerk shall forthwith ascertain if the applicant is on the checklist of the town or city. If the applicant is on the checklist, the clerk shall send the materials provided for in RSA 657:15; if not, the clerk shall refuse to certify as provided in RSA 657:16. An application may be transmitted by facsimile to a town or city clerk. N.H. Rev. Stat. 657:16 provides that [i]f he or she refuses to certify the application, the town or city clerk shall notify the applicant in writing within 7 days to that effect. The town or city clerk shall provide the applicant with an absentee ballot and a notice that the ballot will not be counted unless the applicant submits the documents necessary to complete an absentee registration. The applicant shall be advised in writing what documents, if any, have been received in proper form and which the applicant must submit in the return envelope that contains the absentee ballot affidavit envelope. The town or city clerk shall mark the exterior of the absentee ballot affidavit envelope with the words "Not Registered." If the applicant returns the required documents in proper form with the absentee ballot and if the applicant is found to be qualified, he or she shall be registered and his or her absentee ballot shall be processed in the same manner as the absentee ballot of a previously registered voter. If the ballot is returned without the required documents in proper form, the ballot shall be marked and preserved in the manner set for forth by law for successfully challenged absentee ballots. The clerk shall preserve the application of any applicant who is not registered as a voter until the time set by law for the destruction of the ballots after the election at which time the application shall be destroyed. Any justice of the superior court has jurisdiction in equity upon such notice as he or she may order to require that the name of the person making application for an absentee ballot be placed upon the checklist or registered as a member of any party and be sent an absentee ballot. N. Delivery of Absentee Ballots to Voters Who Have Requested to Vote Absentee N.H. Rev. Stat. 657:15 provides that [w]hen the verification required by RSA 657:12 or 657:13 has been made, the clerk shall retain the application and, without delay, personally deliver or mail to the applicant the appropriate ballot and materials as described in RSA 657:7 through 657:9 or designate an assistant to deliver such materials to the applicant. The clerk may not designate as an assistant any person who is a candidate for nomination or office or who is working for such a candidate. Any ballots sent pursuant to the provisions of this section shall be mailed or delivered only by officials from the city or town clerk's office and delivered only to the applicant. If the address to which the absent voter's ballot is sent is outside the United States or Canada, such papers shall be sent by air mail. Said clerks shall keep lists of the names and addresses, arranged by voting places, of all applicants to whom official absent voting ballots have been sent, and shall identify those official absent voting ballots which have been returned to the clerk. Candidates whose names appear on the ballot and persons bearing notarized requests or copies of notarized requests from candidates whose names appear on the ballot may obtain copies of such lists; the lists shall not be available for public inspection at any time without a

67 court order. III. RETURNING AND CASTING AN ABSENTEE BALLOT O. Deadlines for Returning a Completed Absentee Ballot N.H. Rev. Stat. 652:20 provides that [w]henever the election laws require a filing with or an action by an official, such filing or action shall be performed before 5 o'clock in the afternoon of the stipulated day. During the afternoon of the stipulated day, the school district clerk or his designee, or the town clerk or his designee, shall arrange his time so as to be available between the hours of 3 o'clock and 5 o'clock. N.H. Rev. Stat. 657:22 provides that [i]n any state election, a town or city clerk shall not accept any completed absentee ballots delivered to the clerk after 5:00 p.m. on election day. Ballots received after such time shall be retained by the clerk unopened until the time set for the destruction of other state election ballots as provided in RSA 659:100 at which time the envelopes shall likewise be destroyed, unopened and unexamined. P. Casting the Absentee Ballot N.H. Rev. Stat. 659:48 provides that [i]f the officers charged with the duty of processing absentee ballots are cognizant of the fact that the voter has died prior to the opening of the polls, they shall not open the envelope containing the absentee ballot. IV. SPECIAL ASSISTANCE TO EMERGENCY SERVICES WORKERS N.H. Rev. Stat. 657:21-a provides that I. If an emergency services worker receives notice after noon on the Friday before any state election that he or she is being called into service under circumstances that will prevent that person from obtaining an absentee ballot before leaving and from voting in person at the polls on election day, upon notification that such a call-out has occurred, the secretary of state with assistance from the attorney general and the department of safety shall make every reasonable effort to cause absentee ballot request forms, absentee ballots, absentee affidavits, and any other materials necessary to vote to be transported to the emergency services workers and to be returned to the town or city clerk of each voter's town or ward. II. For the purposes of this section, "emergency services worker" shall include law enforcement, emergency medical services personnel, firefighters, members of the New Hampshire national guard, utility workers, employees or volunteers for the American Red Cross, and any other emergency worker declared such by the bureau of emergency management in the division of emergency services, communications, and management, department of safety. III. For the purposes of this section "every reasonable effort" includes, but is not limited to: (a) Employing local, county, or state law enforcement to transport ballots, affidavits, and other necessary materials to and from the site in New Hampshire where emergency services are temporarily housed, staged, or deployed for an in-state emergency. (b) Causing ballots, affidavits, and other necessary materials to be transported by the United States mail or commercial overnight courier to and from an out-of-state site where emergency services workers are temporarily housed, staged, or deployed for an out-of-state emergency.

68 IV. For the purposes of this section "circumstances that will prevent that person from voting in person at the polls on election day" shall include deployment to any disaster that has been declared by the President of the United States or the governor of New Hampshire. V. Notwithstanding any provision of the law to the contrary, any ballot returned to a polling place pursuant to this section which arrives before the polls are closed shall be processed according to law and if found otherwise in conformance with law shall be counted. VI. If, in the judgment of the secretary of state, time does not permit obtaining and transporting the local ballot for each emergency services worker, the secretary of state may prepare and issue a statewideoffices-only absentee ballot for the purposes of this section. VII. The secretary of state, in cooperation with the department of safety and the attorney general, shall develop procedures for implementing this section. The procedures shall include publication of an emergency telephone number available 24 hours daily during the period covered by this section, to allow after-hours and weekend notification to the secretary of state that this section is being invoked. Suitable information on the availability of this section shall be made available to persons covered by this section. VIII. The public agency or employer of emergency services workers responsible for making call-outs subject to the provisions of this section shall provide the secretary of state with the name and domicile address of each person called out and an address where an absentee ballot may be delivered on the Saturday, Sunday, or Monday prior to the election at the site of the emergency. IX. If the costs of executing this section at any election exceed $500, the secretary of state shall certify the same to the state treasurer, and prepare a manifest to authorize the state treasurer to make payments from funds not otherwise appropriated. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated. V. CASTING A BALLOT ON ELECTION DAY AFTER HAVING PREVIOUSLY REQUESTED AN ABSENTEE BALLOT N.H. Rev. Stat. 659:52 provides that [i]f the absentee ballot is not challenged, the moderator shall, after announcing the name of the voter, open the affidavit envelope containing the ballot so the affidavit on the envelope is not destroyed. He shall then take the ballot out of the envelope without unfolding the ballot or without permitting the ballot to be examined, and he shall preserve the affidavit envelope with the ballots cast at the election as provided in RSA 659:101. The moderator shall then have a checkmark placed beside the name of the absentee voter on the checklist and write therewith the letters "A.V." in red ink and shall then deposit the ballot in the ballot box. N.H. Rev. Stat. 659:53 provides that [i]f the moderator finds that the absentee voter is not entitled to vote, he shall not open the envelope and shall mark across the face of the envelope the reason the ballot is rejected, such as "rejected as not a voter", "voted in person", "affidavit improperly executed", "not signed by proper person", or whatever the reason is. The moderator shall save all the unopened envelopes and shall preserve the envelopes with the ballots cast at the election as provided in RSA 659:101. N.H. Rev. Stat. 659:55 provides that [n]otwithstanding any other provision of law, if a red ink "A.V." is properly placed against the name of a voter who has voted by absentee ballot, that voter against whose name the red ink "A.V." has been properly placed and who has voted by absentee ballot shall not be permitted to vote in person.

69 VI. ASSISTANCE WITH ABSENTEE VOTING N.H. Rev. Stat. 657:17 provides that [a]fter marking the ballot, the voter or the person assisting a blind voter shall enclose and seal the same in the affidavit envelope. The voter shall execute the affidavit on it. The voter or the person assisting the blind voter shall enclose and seal said envelope in the return envelope. The voter shall then endorse thereon his name, address and voting place and shall mail the envelope, affixing postage, or personally deliver it to the city or town clerk from whom it was sent. N.H. Rev. Stat. 657:20 provides that [a]fter marking his ballot, an armed services voter or a federal overseas citizen voter shall seal the same in the affidavit envelope. If he is a registered voter, he shall execute the appropriate affidavit and return the ballot as hereinafter provided. If the voter is not registered in the town in which he desires to vote, he shall execute the appropriate affidavit. If the armed services voter or federal overseas citizen voter, because of blindness or other physical disability, is unable to mark his ballot, an official empowered to administer oaths may assist him to mark his ballot as directed by the voter. The official shall then certify on the outside thereof that it was marked with his assistance and shall thereafter give no information regarding the same. Having executed the affidavit, the voter shall enclose and seal said envelope in the return envelope. He shall then endorse thereon his name, address and voting place and shall mail the envelope or personally deliver it to the city or town clerk from whom it was sent. VII. ABSENTEE VOTING FOR OVERSEAS AND MILITARY VOTERS Q. Single Federal Postcard Application N.H. Rev. Stat. 657:19-a provides that [a]n armed services voter or federal overseas citizen voter who is domiciled outside the United States qualified to vote in New Hampshire may request an absentee ballot by completing a federal post card application form provided by the United States government, and sending it to the town or city clerk of his or her last domicile. The applicant may request an absentee ballot for all elections in which he or she is qualified to cast a ballot during the calendar year. 42 U.S.C. 1973ff-1(4) provides that (a) In general. Each State shall-- (1) permit absent uniformed services voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; (2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an absent uniformed services voter or overseas voter, if the application is received by the appropriate State election official not less than 30 days before the election; (3) permit absent uniformed services voters and overseas voters to use Federal write-in absentee ballots (in accordance with section 103 [42 USCS 1973ff-2]) in general elections for Federal office; (4) use the official post card form (prescribed under section 101 [42 USCS 1973ff]) for simultaneous voter registration application and absentee ballot application; and (5) if the State requires an oath or affirmation to accompany any document under this title, use the standard oath prescribed by the Presidential designee under section 101(b)(7) [42 USCS 1973ff(b)(7)]. 42 U.S.C. 1973ff-3 provides that (a) In general. If a State accepts and processes an official post card form (prescribed under section 101 [42 USCS 1973ff]) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4) [102(4)] [42 USCS 1973ff-1(4)]) and the voter requests that the application be considered an

70 application for an absentee ballot for each subsequent election for Federal office held in the State through the next 2 regularly scheduled general elections for Federal office (including any runoff elections which may occur as a result of the outcome of such general elections), the State shall provide an absentee ballot to the voter for each such subsequent election. (b) Exception for voters changing registration. Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State. (c) Revision of official post card form. The Presidential designee shall revise the official post card form (prescribed under section 101 [42 USCS 1973ff]) to enable a voter using the form to-- (1) request an absentee ballot for each election for Federal office held in a State during a year; or (2) request an absentee ballot for only the next scheduled election for Federal office held in a State. (d) No effect on voter removal programs. Nothing in this section may be construed to prevent a State from removing any voter from the rolls of registered voters in the State under any program or method permitted under section 8 of the National Voter Registration Act of 1993 [42 USCS 1973gg-6]. (e) Prohibition of refusal of applications on grounds of early submission. A State may not refuse to accept or process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101 [42 USCS 1973ff]) submitted by an absent uniformed services voter during a year on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that year submitted by absentee voters who are not members of the uniformed services. R. Armed Services Absent Voter s Ballot N.H. Rev. Stat. 654:4 provides that [n]otwithstanding any other provision of law to the contrary, an armed services voter, as hereinafter defined, being a citizen of the United States and being at least 18 years of age as provided in Article 11 of Part First of the Constitution of New Hampshire shall have the right to vote absentee in any state election in the town or city in New Hampshire in which he had his domicile immediately prior to such service, even though he no longer maintains domicile in said town or city and even though his intent to return thereto is uncertain, provided: (a) He complies with all other applicable requirements and qualifications of the state of New Hampshire; (b) He is not registered to vote in any other state or election district of a state or in any territory or possession of the United States. As used in this section, the term "armed services voter" means: (a) Members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Ocean Survey, and Public Health Service, and all regular and reserve components thereof, while in active service; (b) Members of the Merchant Marine of the United States in active service, including persons (other than members of the armed forces) employed as officers or members of crews of vessels documented under the laws of the United States, or of vessels owned by the United States, or of vessels of foreign-flag registry under charter to or control of the United States, and persons (other than members of the armed forces) enrolled with the United States for employment, or for training for employment, or maintained by the United States for emergency relief service, as officers or members of crews of any such vessels; but does not include persons so employed or enrolled for such employment or for training for such employment, or maintained for such emergency relief service, on the Great Lakes or the inland waterways; (c) Civilian employees of the United States government, including the Peace Corps, serving outside the territorial limits of the several states of the United States and the District of Columbia, whether or not the employee is subject to civil service laws and the Classification Act of 1949, and whether or not paid from funds appropriated by the Congress; (d) Members of religious groups or welfare agencies assisting members of the armed forces, who are officially attached to and serving with

71 the armed forces; (e) The spouses or dependents of any person described in subparagraph (a), (b), (c), or (d) when residing with or accompanying them. N.H. Rev. Stat. 657:3 provides that [r]egardless of whether he is previously registered, any person qualified as an armed services voter as provided in RSA 654:4 may vote absentee at any state election in the New Hampshire city or town which was last his home as provided in this chapter. N.H. Rev. Stat. 657:19 provides that [u]pon receipt of a properly executed application for an official armed services absentee ballot or an overseas citizens federal election absentee ballot, whether the form supplied by the secretary of state, the federal post card application, or a written statement containing the information required by RSA 657:4, a town or city clerk shall send the materials provided for in RSA 657:8 or 657:9, as applicable, regardless of whether the applicant appears on the checklist, and if the applicant requests that the application be considered an application for an absentee ballot for each subsequent election for federal office through the next two regularly scheduled general elections, including primaries, for federal office, the town or city clerk shall provide an absentee ballot to the applicant for each such subsequent election. Whenever an armed services voter or overseas citizen federal voter requests a state general election ballot prior to October 1 to be mailed to an address outside of the United States, he or she shall be sent the same ballot as provided in RSA 656:34. No town or city clerk shall refuse to accept or process an otherwise valid voter registration application or absentee ballot application submitted by an absent armed services voter or federal overseas citizen voter on the grounds that the application was submitted before the first date on which the state otherwise accepts or processes such applications for that election submitted by absentee voters. A town or city clerk who does not certify a voter registration application or absentee ballot application shall provide the absent armed services voter or federal overseas citizen voter the reason for not certifying a voter registration application or an absentee ballot application. N.H. Rev. Stat. 657:4 see Requesting an Absentee Ballot - Requesting an Absentee Ballot - Information necessary to obtain an absentee ballot above. AUTHORITIES REGARDING VOTING AND ELECTION DAY INFORMATION I. GENERAL INFORMATION S. Voters in Line When the Polls Close N.H. Rev. Stat. 654:7-a-III provides that [a]ny person who is waiting to register to vote at the polling place on election day at the time scheduled for the closing of the polls shall be allowed to vote if determined to be qualified to register. T. Casting a Ballot N.H. Rev. Stat. 659:13 provides that [a] person desiring to vote shall, before being admitted to the enclosed space within the guardrail, announce his or her name to one of the ballot clerks who shall thereupon repeat the name; and, if the name is found on the checklist by the ballot clerk, the ballot clerk shall put a checkmark beside it and again repeat the name. The ballot clerk shall state the address listed on the checklist for the voter, and ask if the address is correct; if the address on the checklist is not correct, the ballot clerk shall correct the address in red on the paper checklist and the supervisors of the checklist shall cause the centralized voter registration database to reflect the correction. The voter, if still qualified to vote in the town or ward and unless challenged as provided for in RSA 659:27-33, shall then be allowed to enter the space enclosed by the guardrail. After the voter enters the enclosed space,

72 the ballot clerk shall give the voter one of each ballot to be voted on in that election which shall be folded as it was upon receipt from the secretary of state. N.H. Rev. Stat. 659:14 see Authorities Regarding Voter Registration Eligibility Overseas Citizens and Armed Services Voters above. N.H. Rev. Stat. 659:15 provides that [o]n receipt of his ballot, the voter shall forthwith without leaving the space enclosed by the guardrail proceed to one of the voting booths and shall mark his ballot. N.H. Rev. Stat. 659:17 provides that [t]he secretary of state shall provide on the top of the general election ballot the following voting instructions. The secretary of state is authorized to replace the phrase "Make the appropriate mark'' with an appropriate description and example of the mark to be made for the type of ballot in use, such as "Make a cross (X) in the box,'' "Completely fill in the oval,'' or "Complete the arrow'': 1) To Vote: Make the appropriate mark to the right of your choice. For each office vote for not more than the number of candidates stated in the sentence: "Vote for not more than.'' If you vote for more than the stated number of candidates, your vote for that office will not be counted. 2) To Vote by Write-In: To vote for a person whose name is not printed on the ballot, write in the name of the person in the "write-in'' space. Make the appropriate mark to the right of your choice. N.H. Rev. Stat. 659:17-a provides that [f]or the purposes of this chapter, the term "appropriate mark'' shall mean the mark to be used in the proper manner of marking the ballot as stipulated in the instructions to voters. N.H. Rev. Stat. 659:19 provides that [a] voter shall vote on questions submitted to voters by making a cross (X) in the square next to the answer he desires to give. N.H. Rev. Stat. 659:22 provides that [i]f any voter spoils a ballot, he may receive others, one at a time, not exceeding 3 in all, upon returning each spoiled one. The ballots thus returned shall be immediately marked "cancelled'' by the moderator over his signature and, at the close of the polls, shall be preserved as provided in 659:95. N.H. Rev. Stat. 659:23 provides that: I. Before leaving the voting booth, the voter shall fold his ballot in the same way it was folded when received by him and shall keep it folded so that the marks on it cannot be seen. He shall then proceed to the checkout table and shall announce his name to the town clerk who shall repeat the name and place a mark beside it on his checklist. The voter shall then present his ballot with the official endorsement uppermost to the moderator who shall then deposit the ballot in the ballot box. II. The provisions of paragraph I shall not apply in cities and towns which use one or more voting machines or devices for computerized casting and counting of ballots, as provided in RSA 656:40. N.H. Rev. Stat. 659:24 provides that [i]f the supply of ballots shall become exhausted before the closing of the polls, it shall be the duty of the town or city clerk to cause unofficial ballots to be prepared as provided in RSA 658:35. Except as provided in this section and in RSA 658:35, no ballot without the official endorsement shall be allowed to be deposited in the ballot box. N.H. Rev. Stat. 659:25 provides that [t]he voter shall mark and deliver the ballot without undue delay and shall leave the enclosed space within the guardrail as soon as he or she has delivered the ballot to the moderator. No voter shall be allowed to occupy a voting booth already occupied by another

73 voter nor be allowed to remain within the enclosed space more than the time determined by the moderator. U. After Casting a Ballot: Time At the Polling Place N.H. Rev. Stat. 659:25 provides that [t]he voter shall mark and deliver the ballot without undue delay and shall leave the enclosed space within the guardrail as soon as he or she has delivered the ballot to the moderator. No voter shall be allowed to occupy a voting booth already occupied by another voter nor be allowed to remain within the enclosed space more than the time determined by the moderator. N.H. Rev. Stat. 659:26 provides that [n]o voter, other than an election officer, whose name has been checked on the list by ballot clerks shall be allowed to reenter the enclosed space within the guardrail during the hours of polling except as provided in RSA 659:20. V. Identification Required at the Polling Place N.H. Rev. Stat. 659:12 provides that [a]ll persons whose names are entered upon the corrected checklist brought by the town or ward clerk to the polling place shall be entitled to vote unless successfully challenged. No person whose name is not upon the checklist shall be allowed to vote, unless, in the opinion of the supervisors of the checklist, it clearly appears that the name of a qualified voter has been omitted from the checklist by clerical error or mistake or that the person is a serviceman on leave who is qualified to vote and who by reason of such service was not in the town or city of his legal domicile at the time of the last session of the supervisors of the checklist. W. Voting Procedure if the Voter Does Not have Proper Identification N.H. Rev. Stat. 659:27 provides that [a]ny voter at any state election may challenge any other voter offering to vote at such election, and the moderator shall not receive the vote of the person so challenged until he shall sign and give to the moderator an affidavit in the following form: I,, do solemnly swear (or affirm) that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward) and have a legal domicile therein. II. ASSISTANCE TO VOTERS AT THE POLLING PLACE X. Assistance in the Voting Booth Generally N.H. Rev. Stat. 659:26 provides that [n]o voter, other than an election officer, whose name has been checked on the list by ballot clerks shall be allowed to reenter the enclosed space within the guardrail during the hours of polling except as provided in RSA 659:20. N.H. Rev. Stat. 659:20 provides that [a]ny voter who declares to the moderator under oath that said voter cannot read or that, because of disability, is unable to mark his or her ballot shall, upon the voter's choice and request, receive the assistance of one or both of the inspectors of election detailed for that purpose by the moderator or of a person of the voter's choice provided that the person is not the voter's employer or union official. Such person so assisting shall be sworn, shall mark the ballot as directed by said voter, and shall thereafter give no information regarding the same. Such person so assisting shall leave the space within the guardrail with the voter. Y. Accessibility to Voters with Disabilities

74 N.H. Rev. Stat. 658:9-a see Polling Place Procedures During Voting Polling Place Requirements Preparation of Polling Place Accessibility above. III. INFORMATION REGARDING VOTERS WHO HAVE MOVED Z. Moving Within the Same Precinct N.H. Rev. Stat. 654:13 provides that: I. If the supervisors decide to add the name of the applicant to the checklist, then they shall retain the original of the registration form for their own file, forward one copy to the supervisors of the checklist of the city or town of the applicant's last voting address if said address is in the state of New Hampshire, Vermont, Maine, Massachusetts, Connecticut, or Rhode Island, and send another copy to the clerk of their town or city. II. If the supervisors decide not to add the name of the applicant to the checklist, they shall send notification in writing to the applicant within 7 days stating the reason for the denial. They shall write the word "REJECTED'' and the date of rejection across the registration form. They shall retain the original in a separate file for proof that such an application was made. AA. Moving Between Precincts Within the Same County N.H. Rev. Stat. 654:12(IV) provides that [a]ny person who is applying for registration as a voter and who is currently registered to vote in a different town or ward in New Hampshire shall complete the voter registration form provided for in RSA 654:7. If the election official receiving the application confirms through the centralized voter registration database required by RSA 654:45 that the applicant is currently registered to vote in New Hampshire, the applicant shall prove identity and domicile, but shall not be required to prove his or her age or citizenship. N.H. Rev. Stat. 654:36-a provides that: I. A supervisor of the checklist, the town or city clerk, or any other person, may submit a request for correction of the checklist to the supervisors of the checklist or to the town or city clerk based upon evidence that a person listed on the checklist is not qualified as a voter in the town or ward. The clerk shall forward requests for correction of the checklist to the supervisors of the checklist. At the next session of the supervisors, they shall examine the requests and determine whether or not it is more likely than not that the person's qualifications are in doubt. II. If the supervisors of the checklist determine that it is more likely than not that the person's qualifications are in doubt, they shall send a notice to the person and afford the person at least 30 days to provide proof of his or her qualifications. If the person fails to respond to the 30-day notice or responds but fails to provide proof that establishes that it is more likely than not that the person is qualified to vote in the town or ward, the person's name shall be removed from the checklist. N.H. Rev. Stat. 654:36-b provides that [i]f the supervisors of the checklist receive a report from the United States Postal Service or the department of safety directly or as communicated by the secretary of state through the centralized voter registration database that a voter has permanently changed his or her address to another town, city, or state, they shall strike that name from the checklist at the next session for the correction of the checklist. As an alternative, the supervisors of the checklist may first send a 30-day notice letter and then shall remove the name from the checklist if the voter does not respond to that notice.

75 IV. CHALLENGES BB. Grounds for Challenging a Voter s Right to Vote On or Before Election Day N.H. Rev. Stat. 659:27 provides that [a]ny voter at any state election may challenge any other voter offering to vote at such election, and the moderator shall not receive the vote of the person so challenged until he shall sign and give to the moderator an affidavit in the following form: I,, do solemnly swear (or affirm) that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward) and have a legal domicile therein. N.H. Rev. Stat. 666:4 provides that [t]he state committee of a political party may appoint a person to act as challenger of voters at any polling place in the state at a state election. A city or town committee of such a party may appoint a person to act as such challenger at any polling place in such city or town at a town election, business meeting, or city election. A statement signed by the chairman of the committee appointing him shall be sufficient evidence of the authority of any such challenger. He may be reasonably compensated for his services by the political party whose committee appointed him. He shall be assigned by the moderator or other election officer presiding at the polling place to such position within the polling place as will enable him to see and hear each voter as he offers to vote. Nothing herein contained shall deprive any other person of the right to challenge a voter as provided by law. N.H. Rev. Stat. 666:5 provides that [t]he attorney general may appoint a person to act as challenger of voters at any polling place in the state at a state election. A statement signed by the attorney general appointing him shall be sufficient evidence of the authority of any such challenger. He shall be assigned by the moderator or other election officer presiding at the polling place to such position or positions within the polling place as will enable him to see and hear each voter as he offers to vote. Nothing herein contained shall deprive any other person of the right to challenge a voter as provided by law. New Hampshire Election Procedure Manual, published by the New Hampshire Department of State - CC. Procedures for Challenging a Person s Right to Vote Before Election Day N.H. Rev. Stat. 666:4; 666:5 see -Grounds for challenging a voter s right to vote on or before election day above. N.H. Rev. Stat. 659:27 provides that [a]ny voter at any state election may challenge any other voter offering to vote at such election, and the moderator shall not receive the vote of the person so challenged until he shall sign and give to the moderator an affidavit in the following form: I,, do solemnly swear (or affirm) that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward) and have a legal domicile therein. N.H. Rev. Stat. 659:28 provides that [t]he secretary of state shall prepare and distribute to the town and ward clerks before every state election printed blanks for the affidavits required by RSA 659:27. N.H. Rev. Stat. 659:29 provides that [a]ny voter at any state or presidential primary election may challenge any other voter offering to declare himself as a member of a party or to vote the ballot of a

76 party. Such challenged voter shall not be allowed to so declare or so vote until he makes an oath or affirmation that he affiliates with and generally supports the candidates of the party. N.H. Rev. Stat. 659:30 provides that [t]he affidavit of a challenged voter, a voter citizenship affidavit, a voter domicile affidavit, or any other affidavit required by the election statutes may be sworn before any person authorized by law to administer oaths or before any election officer. N.H. Rev. Stat. 659:31 provides that [a] moderator shall not receive the vote of any voter who is challenged and who refuses to make an affidavit as required by RSA 659:27 or 659:29. A moderator who does receive the vote of such voter shall be guilty of a violation. N.H. Rev. Stat. 659:32 provides that [t]he town clerk shall record the name and domicile of all voters making such affidavits, the name of the person challenging and the reason for the challenge. N.H. Rev. Stat. 659:33 provides that [t]he town clerk shall preserve all affidavits of challenged voters as provided in RSA 659:103. N.H. Rev. Stat. 659:103 provides that [t]he affidavits made by challenged voters as provided in 659:27 shall be preserved by the town clerk for at least one year following the date of a state election. In contested elections, all affidavits shall be retained by the town clerk until the contest is settled and all appeals periods have expired or for at least one year, whichever is longer. Challenging Absentee Ballots N.H. Rev. Stat. 659:51 provides that [a]ll absentee ballots are subject to challenge after the moderator publicly announces the name of the absentee voter but not after the ballot is removed from the envelope. A person who makes a challenge shall state the reason for the challenge. If the ballot is challenged, the moderator shall write on the affidavit envelope containing the ballot the word "challenged'' and the name and address of the person who makes the challenge and the basis of the challenge. The moderator shall also number each challenged envelope consecutively by marking, for example, the first challenged ballot "Challenged Ballot No. 1''. The moderator shall then determine if the challenge to the ballot is well grounded. If the moderator decides the challenge is well grounded, he shall not open the envelope but shall preserve it with the other ballots cast at the election as provided in RSA 659:101. If the moderator decides that the challenge is not well grounded, he shall open the affidavit envelope so the affidavit thereon is not destroyed and proceed first to mark on the reverse of the folded ballot the corresponding challenge number as previously marked on the envelope. He shall then proceed to deposit the ballot as provided in RSA 659:52.

77 AUTHORITIES REGARDING POST-ELECTION PROCEDURES I. CLOSING THE POLLS DD. The protocol for closing polling places N.H. Rev. Stat. 654:7-a Registering at the Polling Place; Election Day Registration provides that: I. The provisions of this section and those of RSA 654:7-b shall be used as an additional procedure for voter registration. For the purposes of this section and RSA 654:7-b, the term "election day'' shall refer to state primary and to state general elections, to all town, city, school district, and village district elections, and to all official ballot meetings where persons may vote by absentee ballot. A person who registers to vote on election day according to the provisions of this section shall also be required to complete the voter registration form provided for in RSA 654:7. The provisions of this section and those of RSA 654:7-b shall apply notwithstanding any provision of RSA 654 to the contrary. II. Any person whose name is not on the checklist but who is otherwise a qualified voter shall be entitled to vote by requesting to be registered to vote at the polling place on election day. The voter may then vote at that election. The applicant shall be required to produce appropriate proof of qualifications as provided in RSA 654:12. III. Any person who is waiting to register to vote at the polling place on election day at the time scheduled for the closing of the polls shall be allowed to vote if determined to be qualified to register. N.H. Rev. Stat. 659:3 Early Closing of Polls provides that [n]otwithstanding any provision of law to the contrary, the voters present at the polling place may vote to close the polls at any time that the number of those who have voted plus the number of absentee ballots received at the polls equals the number of names on the checklist. N.H. Rev. Stat. 659:3-a Early Closing of Polls in Dixville and Hart s Location provides that the polls may not be closed pursuant to RSA 659:3 in Dixville or Hart's Location until every person domiciled in the town who is not on the checklist has been contacted by the town clerk to see if they wish to register to vote prior to the closing of the polls. N.H. Rev. Stat. 659:4 Hours of Polling in Municipalities provides that at all state elections in towns and cities the polls shall open not later than 11 o'clock in the morning and shall close not earlier than 7 o'clock in the evening. In cities, the city council shall determine the polling hours no later than 30 days prior to a state election. N.H. Rev. Stat. 659:4-a Change of Polling Hours in Towns provides that I. At any annual town meeting, any town may vote to place a question on the state election ballot to change the hours at which polls shall open, provided that the polls shall not open later than 11 o'clock in the morning and shall not close earlier than 7 o'clock in the evening. Such vote shall be under an article inserted into the warrant pursuant to RSA 39:3. The wording of the question shall be as follows: Polling hours in the town of (name of town) are now (hour at which polls now open) to (hour at which polls now close). Shall we place a question on the state election ballot to change polling hours so that polls shall open 77 March 28, 2012

78 at (proposed hour at which polls would open) and close at (proposed hour at which polls would close) for all regular state elections beginning (next state election)?' II. Upon an affirmative vote on the question in paragraph I, the governing body of the town shall notify the secretary of state, by the filing deadline established in RSA 655:14, of the approved times for the question to be printed on the next state general election ballot. The secretary of state shall place the following question on the next state general election ballot in the form prescribed by RSA 656:13: Polling hours in the town of (name of town) are now (hour at which polls now open) to (hour at which polls now close). Shall we change polling hours so that polls shall open at (proposed hour at which polls would open) and close at (proposed hour at which polls would close) for all regular state elections beginning (next state election)?' III. In a town with a town council as the legislative body, the town council may vote to place a question on the state election ballot to change the hours at which polls shall open, provided that the polls shall not open later than 11 o'clock in the morning and shall not close earlier than 7 o'clock in the evening. The governing body shall notify the secretary of state of the question to be placed on the ballot in accordance with the requirements of paragraph II. IV. As an alternative to the procedures established in paragraphs I-III, the governing body of a town may extend the hours of polling in the town, provided that no extension of the hours of polling adopted under this paragraph shall take effect sooner than 60 days after its adoption. Any reduction of the hours of polling adopted under this paragraph shall conform to the provisions of paragraphs I-III. N.H. Rev. Stat. 659:26-a Hours of Polling Extended by Order provides that [i]n any federal election where hours of polling are extended by a federal or state court order or other order, the moderator or his or her designee shall mark all ballots cast during the extended hours of polling "EH.'' These extended hours ballots shall be counted in the usual manner, but shall be separated and held apart from other ballots when stored. N.H. Rev. Stat. 659:49 Processing Absentee Ballots provides that I. Processing of previously received absentee ballots shall begin at 1:00 p.m. The processing of the absentee ballots which are received after 1:00 p.m. and prior to 5:00 p.m. shall be processed as soon after receipt as possible. Under no circumstances shall absentee ballots be counted prior to the closing of the polls. II. Notwithstanding the provisions of paragraph I, upon the written challenges of 10 or more voters who are present at the polls no later than 1:00 p.m., the moderator shall postpone the processing of all absentee ballots until after the polls close and prior to the counting of all ballots case in the election. 78 March 28, 2012

79 N.H. Rev. Stat. 659:59 Optional counting of Votes at Additional Polling Places provides that [t]he moderator may order the assistant moderator in writing to process absentee ballots and to count the votes cast at the additional polling place in the presence of and with the assistance of the assistant town clerk and election officials in the manner prescribed by this chapter. After the processing of absentee ballots and the counting are complete, the assistant moderator shall place the counted ballots in the ballot box and shall seal it, and the assistant town clerk shall certify the same. The assistant moderator shall also seal in a package the duplicate checklists used at the additional polling place together with the absentee envelopes and the spoiled and unused ballots; and he, together with the assistant town clerk, shall immediately deliver the ballot box, checklists, absentee envelopes, unused and spoiled ballots, and a written report of his count signed by him and the assistant town clerk to the moderator of the town at the central polling place. If the moderator does not order the counting as provided herein, the assistant moderator shall comply with the provisions of RSA 659:62. N.H. Rev. Stat. 659:60 Duties of Moderator provides that [t]he moderator, or the moderator pro tempore if the moderator is disqualified under RSA 658:24, shall oversee the counting of votes by other election officers, including the selectmen and the town clerk, and may discharge any other duties relating to the counting of votes. N.H. Rev. Stat. 659:62 Return of Materials from Additional Polling Place provides that [e]xcept as provided in RSA 659:59, upon the closing of the polls at each additional polling place, the ballot box at such polling place shall be sealed by the assistant moderator. Such sealing shall be done in the presence of the inspectors of election and shall be certified by the assistant clerk at such polling place. The assistant moderator shall also seal in a package the duplicate checklists used at the additional polling place together with the unused and spoiled ballots. The ballot box and the package shall be delivered to the moderator at the central polling place without unnecessary delay and with the seals unbroken by 2 election officials designated by the assistant moderator. Such 2 election officials shall be of different political parties. New Hampshire Election Procedure Manual, published by the New Hampshire Department of State - II. COUNTING THE BALLOTS - GENERALLY EE. Procedures for Counting Ballots. Generally N.H. Rev. Stat. 659:58 Disqualification of Officials provides that [a]ny election official, other than the moderator, who is also a candidate for office shall not be allowed to remain within the guardrail during the counting of votes for an office for which he is a candidate. Such official shall disqualify himself from election duties relating to the tabulation of votes; and the moderator shall appoint an assistant who shall take the same oath as, serve in the same capacity as, and have all the powers of the election official who is disqualified until such official may properly return. N.H. Rev. Stat. 659:60 Duties of Moderator provides that [t]he moderator, or the moderator pro tempore if the moderator is disqualified under RSA 658:24, shall oversee the counting of votes by other election officers, including the selectmen and the town clerk, and may discharge any other duties relating to the counting of votes. 79 March 28, 2012

80 N.H. Rev. Stat. 659:61 Votes Counted After Processing of Asentee Ballots provides that [a]fter all absentee ballots have been processed, or processed and counted, as provided in RSA 659:49-55 and after the polls have closed, the election officials, except those disqualified in accordance with RSA 659:58, shall, under the supervision of the moderator, immediately begin counting the votes cast at the election. N.H. Rev. Stat. 659:63 Counting to be Public provides that [t]he counting of votes shall be public and conducted within the guardrail and shall not be adjourned nor postponed until it shall have been completed. No ballot shall be placed within 4 feet of the guardrail during the counting of votes. Guidelines N.H. Rev. Stat. 659:64 Determining Intention of Voter provides that [i]f a ballot is marked for any office in a way which does not readily admit of counting or if a disagreement over how to count the ballot for any office occurs among the election officers present and counting votes, then the ballot shall be counted for that office in accordance with the majority vote of the election officials present and counting votes; provided that, if no alternative count receives a majority vote, the ballot shall be regarded as defective for that office as provided in RSA 659:65. N.H. Rev. Stat. 659:65 Defective Ballots provides that [a] ballot shall be regarded as defective in whole or in part and shall not be counted in whole or in part as follows: I. A ballot shall be regarded as defective in whole and shall not be counted in whole if either or both of the following conditions exist: (a) The ballot does not have printed upon it the official endorsement in accordance with RSA 656:17, unless it has been prepared in accordance with RSA 658:35. (b) No count of the ballot for any office received a majority vote of the election officials as provided in RSA 659:64. II. A ballot shall be regarded as defective in part and that part shall not be tabulated if either or both of the following conditions exist: (a) No count of the ballot for one or more (but less than all) offices received a majority vote of the election officials as provided in RSA 659:64, but the count of the ballot for the other offices results in no disagreement or can be agreed on by majority vote as provided in RSA 659:64. (b) The ballot has attached to it an adhesive slip, sticker, or paster not prepared in accordance with RSA 656:21 in the space for any office, but the rest of the ballot admits to counting as provided in subparagraph II(a). N.H. Rev. Stat. 659:67 Write-in Votes provides that [i]n the case of a write-in vote for a candidate whose name appears on the ballot as the nominee of a party for the same office, said write-in vote shall be counted as an additional vote for said candidate; but the said individual ballot shall be counted as only one vote for the same person for the same office. 80 March 28, 2012

81 N.H. Rev. Stat. 659:69 Counting Votes on Different party Ballots provides that [v]otes cast for the same person for the same office on the ballots of different parties at any primary election shall not be added together but shall be credited to the party on whose ballot his name appears and the vote is cast. FF. Disagreements over Ballot Counting Procedures N.H. Rev. Stat. 659:64 provides that [i]f a ballot is marked for any office in a way which does not readily admit of counting or if a disagreement over how to count the ballot for any office occurs among the election officers present and counting votes, then the ballot shall be counted for that office in accordance with the majority vote of the election officials present and counting votes; provided that, if no alternative count receives a majority vote, the ballot shall be regarded as defective for that office as provided in RSA 659:65. III. COUNTING ABSENTEE BALLOTS GG. Procedures for Counting Absentee Ballots N.H. Rev. Stat. 659:50 Announcement by Moderator provides that [t]he moderator shall begin processing absentee ballots by clearly announcing that he [or she] is about to open the envelopes which were delivered to him [or her]. The moderator shall then remove the affidavit envelope containing the ballots of each absentee voter and shall compare the signature on the affidavit envelope with the signature on the application for the ballot. If: I. The name of the voter is on the checklist; and II. The affidavit on the envelope appears to be properly executed; and III. The signature on the affidavit appears to be executed by the same person who signed the application; and IV. The signatures appear to be the signatures of a duly qualified voter who has not voted in person at the election; then then the moderator shall publicly announce the name of the absentee voter. If these conditions are not met, the moderator shall follow the procedure provided in RSA 659:53. N.H. Rev. Stat. 659:52 Opening Envelop; Depositing Ballot provides that [i]f the absentee ballot is not challenged, the moderator shall, after announcing the name of the voter, open the affidavit envelope containing the ballot so the affidavit on the envelope is not destroyed. He shall then take the ballot out of the envelope without unfolding the ballot or without permitting the ballot to be examined, and he shall preserve the affidavit envelope with the ballots cast at the election as provided in RSA 659:101. The moderator shall then have a checkmark placed beside the name of the absentee voter on the checklist and write therewith the letters "A.V.'' in red ink and shall then deposit the ballot in the ballot box. N.H. Rev. Stat. 659:53 Forms Not in Order provides that [i]f the moderator finds that the absentee voter is not entitled to vote, he shall not open the envelope and shall mark across the face of the envelope the reason the ballot is rejected, such as "rejected as not a voter'', "voted in person'', "affidavit improperly executed'', "not signed by proper person'', or whatever the reason is. The moderator shall save all the unopened envelopes and shall preserve the envelopes with the ballots cast at the election as provided in RSA 659: March 28, 2012

82 N.H. Rev. Stat. 659:54 Immaterial Defects provides that [n]o absentee ballot shall be rejected by the moderator for any immaterial addition, omission, or irregularity in the preparation or execution of any writing or affidavit required herein. IV. RECOUNT PROCEDURES N.H. Rev. Stat. 660:1 Application provides that [a]ny candidate for whom a vote was cast for any office at a state general election may apply for a recount. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday following the election. Each candidate requesting a recount shall pay the secretary of state fees as provided in RSA 660:2. N.H. Rev. Stat. 660:2 Fees provides that I. If the difference between the vote cast for the applying candidate and a candidate declared elected shall be less than one percent of the total votes cast in the towns which comprise the office to be recounted, the following fees shall apply: (a) Candidate for president, United States senator or governor, $500. (b) Candidate for United States representative, $250. (c) Candidate for executive councilor, $100. (d) Candidate for state senator or county officer, $50. (e) Candidate for state representative, $10. II. If the difference between the vote cast for the applying candidate and a candidate declared elected shall be between one percent and 2 percent of the total votes cast in the towns which comprise the office to be recounted, the following fees shall apply: (a) Candidate for president, United States senator or governor, $1,000. (b) Candidate for United States representative, $500. (c) Candidate for executive councilor, $200. (d) Candidate for state senator or county officer, $100. (e) Candidate for state representative, $20. III. If the difference between the vote cast for the applying candidate and a candidate declared elected shall be between 2 percent and 3 percent of the total votes cast in the towns which comprise the office to be recounted, the following fees shall apply: (a) Candidate for president, United States senator or governor, $2,000. (b) Candidate for United States representative, $1,000. (c) Candidate for executive councilor, $400. (d) Candidate for state senator or county officer, $200. (e) Candidate for state representative, $40. IV. If the difference between the vote cast for the applying candidate and a candidate declared elected shall be greater than 3 percent of the total votes cast in the towns which comprise the office to be recounted, the candidate shall pay the fees as provided in RSA 660:2, III and shall agree in writing with the secretary of state to pay any additional costs of the recount. N.H. Rev. Stat. 660:3 Number of Recounts provides that Any candidate for whom a vote was cast for any office at a state general election shall be entitled to apply for only one recount under this chapter, and the declaration made by the secretary of state under RSA 660:6 shall be final, subject to a change in the result following an appeal to the ballot law commission, as provided in RSA 665:8, II. If more than one candidate for the same office in the same district applies for a recount under this chapter, and a recount is completed, such applications shall not result in a second recount. N.H. Rev. Stat. 660:4 Time and Notice provides that Upon satisfactory application for a recount as provided in RSA 660:1, the secretary of state shall begin the process of recounting the ballots on the 82 March 28, 2012

83 Wednesday following the deadline for requesting a recount. A recount shall take place at any suitable state facility in the city of Concord as may be designated by the secretary of state. The secretary of state shall give a reasonable notice thereof to the applicant and to each of the opposing candidates. The secretary of state shall also prepare and distribute to the applicant and to each of the opposing candidates the rules and procedures governing the recount at the same time notice of the time and place for holding the recount is given to the applicant and to each opposing candidate. N.H. Rev. Stat. 660:5 Conduct of Recount provides that If directed by the secretary of state, the state police shall collect all ballots requested from the town or city clerks having custody of them and shall deliver them to the public facility designated by the secretary of state. At the time and place so appointed, the ballots cast for such office shall be counted by the secretary of state and such assistants as the secretary of state may require. When counting the ballots, the secretary of state or his or her assistants shall visually inspect each ballot. No mechanical, optical, or electronic device shall be used for the counting of ballots. The candidates, their counsel, and assistants shall have the right to inspect the ballots and participate in the recount under such suitable rules as the secretary of state may adopt. If the candidate requesting the recount cannot attend the recount, the candidate shall designate, in writing, to the secretary of state the name of an individual who will attend the recount and who will be authorized to make decisions on the candidate's behalf. Each candidate or his or her counsel or designee shall have the right to protest the counting of or failure to count any ballot. The secretary of state shall thereupon rule on said ballot and shall attach thereto a memorandum stating such ruling and the name of the candidate making the protest. If, at any time during the counting of the ballots, a discrepancy appears in any ballot for any reason, the secretary of state shall suspend the recount until the discrepancy is resolved, at which time the secretary of state shall continue the recount. In no event shall a discrepancy result in a second recount for the same candidate, as provided in RSA 660:3. N.H. Rev. Stat. 660:6 Declaration; Certificate provides that I. If the recount shall show that some candidate other than the one declared elected upon the original canvass of votes has the greatest number of votes cast for the office, the secretary of state shall declare said candidate to be elected; and, unless the result is changed upon an appeal taken to the ballot law commission, as provided in RSA 665:8, II, such candidate shall be entitled to a certificate of election. II. If any person who has applied for a recount is declared elected by reason of said recount, the secretary of state shall return to the person within 10 days of the recount all fees paid at the time of applying. III. If any person who has applied for a recount loses the recount by a margin of less than one percent of the total votes cast in the towns which comprise the district for the office recounted, the secretary of state shall return to the person within 10 days of the recount any fees that were paid in excess of those required by RSA 660:2, I. N.H. Rev. Stat. 660:7 Application provides that [a]ny person for whom a vote was cast for any nomination of any party at a state or presidential primary may apply for a recount. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday after the primary for a recount of all ballots cast for such nomination. Each candidate requesting a recount shall pay the secretary of state fees as provided in RSA 660:2. N.H. Rev. Stat. 669:10 Term of Office provides that I. Except as otherwise provided, the term of office of any officer elected under this chapter shall begin upon his election and qualification for office and shall end upon the election and qualification of his successor. II. No person shall assume a town office until after the time period for requesting a recount is 83 March 28, 2012

84 over. If a recount is requested for a town office, no person shall assume that office until after the recount is completed. N.H. Rev. Stat. 669:30 Recounts; Application provides that [a]ny person for whom a vote was cast and recorded for any office at a town election may, no later than the Friday following the election, apply in writing to the town clerk for a recount of the ballots cast for such office, the clerk shall appoint a time for the recount not earlier than 5 days nor later than 10 days after the receipt of said application. N.H. Rev. Stat. 669:31 Notice; Fee provides that I. The clerk shall notify each of the candidates for the office for which there is to be a recount at least 3 days prior to the day appointed for the recount of ballots. No other notice shall be required. II. The applicant shall pay to the town clerk, for the use of the town, the following fee: (a) If the difference between the vote cast for the applying candidate and a candidate declared elected is less than one percent of the total votes cast, the fee shall be $10. (b) If the difference between the vote cast for the applying candidate and a candidate declared elected is between one percent and 2 percent of the total votes cast, the fee shall be $20. (c) If the difference between the vote cast for the applying candidate and a candidate declared elected is between 2 percent and 3 percent of the total votes cast, the fee shall be $40. (d) If the difference between the vote cast for the applying candidate and a candidate declared elected is greater than 3 percent of the total votes cast, the candidate shall pay the fee as provided in RSA 669:31, II(c) and shall agree in writing with the town clerk to pay any additional costs of the recount. III. If any person who has applied for a recount is declared elected by reason of the recount, the town clerk shall return to the person within 10 days of the recount all fees paid at the time of applying. IV. If any person who has applied for a recount loses the recount by a margin of less than one percent of the total votes cast, the town clerk shall return to the person within 10 days of the recount any fees that were paid in excess of those required by subparagraph II(a). N.H. Rev. Stat. 669:32 Board of Recount provides that [a]t the time and place so appointed and notified, the clerk shall publicly break the seal of and open the package in which the ballots of said election are kept; and, thereupon, said ballots shall be recounted by the clerk, the moderator, and the selectmen of said town who shall constitute the board of recount. When counting the ballots, the board of recount or their assistants shall visually inspect each ballot. No mechanical, optical, or electronic device shall be used for the counting of ballots. Any member of the board of recount who is one of the candidates for the office being recounted shall disqualify himself or herself from the board of recount for all official duties of said board. The moderator shall appoint an assistant who shall take the same oath as, serve in the same capacity as, and have all the powers of the recount official whom he or she has replaced. N.H. Rev. Stat. 669:33 Preservation of Ballots After Recount provides that I. Upon the conclusion of the recount, the clerk shall place the ballots and all envelopes or wrappers which had previously contained them in a suitable container showing the contents and the date when and the reason why it was opened; and said clerk shall retain said ballots until the expiration of 60 days from the date of the recount unless some action is pending which makes their further preservation necessary or unless enjoined by action brought before the superior court. II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged absentee ballots still contained in their envelopes, prepared or preserved in accordance with the election laws shall be exempt from the provisions of RSA 91-A. This exemption shall apply to any ballots or absentee 84 March 28, 2012

85 voter affidavit envelopes prepared for or used in any election conducted by the state or any political subdivision, including federal elections. 85 March 28, 2012