reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:52 - Opening Envelope; Depositing Ballot.

659:52 Opening Envelope;  Depositing Ballot. –
If the absentee ballot is not challenged, the moderator shall, after announcing the name of the voter, open the envelope containing the ballot so the affidavit is not destroyed. The moderator shall then take the ballot out of the envelope without unfolding the ballot or without permitting the ballot to be examined, and he or she shall preserve the affidavit 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.
Source.
1979, 436:1. 2010, 182:13, eff. June 21, 2010; 317:77, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:53 - Forms Not in Order.

659:53 Forms Not in Order. –
If the moderator finds that the absentee voter is not entitled to vote, the moderator 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 and shall record next to the name of the absentee voter on the clerk's list of absentee voter applicants prepared pursuant to RSA 657:15 the word "rejected" and the reason for the rejection. The clerk shall record this information in the statewide centralized voter registration database. 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.
Source.
1979, 436:1. 2010, 182:14, eff. June 21, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:54 - Immaterial Defects.

659:54 Immaterial Defects. –
No 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.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:54-a - Immaterial Defects; Electronically Transmitted Absentee Ballots.

659:54-a Immaterial Defects;  Electronically Transmitted Absentee Ballots. –
No electronically transmitted absentee ballot shall be rejected by the moderator for any ballot, envelope, or affidavit weight, size, or color, or any ink font size, alignment, or color.
Source.
2010, 317:44, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:55 - Absentee Voter Not to Vote in Person.

659:55 Absentee Voter Not to Vote in Person. –
Notwithstanding 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. The ballot clerk shall notify the moderator if a voter appears at the polling place on election day to vote and that voter's name has been marked as voting absentee on the checklist.
Source.
1979, 436:1. 2014, 116:1, eff. Aug. 10, 2014.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:56 - Certification of Checklist.

659:56 Certification of Checklist. –
After the closing of the polls at a state election, the moderator and the town or ward clerk shall certify on the checklist used by them that such checklist is in fact the one used by them at said election and that it contains a correct and complete list of the legal voters in their town or ward.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:57 - Transfer of Checklist.

659:57 Transfer of Checklist. –
The certified checklist shall be used to prepare the election return as provided in RSA 659:74 and shall then be delivered to the supervisors by the town or ward clerk.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:58 - Disqualification of Officials.

659:58 Disqualification of Officials. –
Any election official who is also a candidate for office, other than a position of an election official, shall not be allowed to remain in the area designated for the counting of votes 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. The moderator may assign any election official disqualified pursuant to this section to other duties not related to the tabulation of votes.
Source.
1979, 436:1, eff. July 1, 1979. 2022, 212:2, eff. Aug. 16, 2022.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:59 - Optional Counting of Votes at Additional Polling Places.

659:59 Optional Counting of Votes at Additional Polling Places. –
The 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.
Source.
1979, 436:1. 1981, 454:7, eff. Aug. 22, 1981.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:60 - Duties of Moderator.

659:60 Duties of Moderator. –
The 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.
Source.
1979, 436:1. 1999, 31:1, eff. July 10, 1999.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:61 - Votes Counted After Processing of Absentee Ballots.

659:61 Votes Counted After Processing of Absentee Ballots. –
After 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. The moderator may use the assistance of a person appointed by the secretary of state or the attorney general to assist in the completion of the election return forms.
Source.
1979, 436:1. 1981, 454:8. 1987, 371:2. 2010, 317:45, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:62 - Return of Materials From Additional Polling Place.

659:62 Return of Materials From Additional Polling Place. –
Except 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.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:63 - Counting to be Public.

659:63 Counting to be Public. –
The 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.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:64 - Determining Intention of Voter.

659:64 Determining Intention of Voter. –
If 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.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:64-a - Counting Write-In Votes.

659:64-a Counting Write-In Votes. –
I. In a town or city that uses a ballot counting device approved by the ballot law commission pursuant to RSA 656:40 and which prints an image of all write-in votes as part of the device's report of votes cast, a moderator may use the printed images to count write-in votes in place of examining each ballot to obtain the name of the person who received a write-in vote.
II. The moderator shall cause all write-in votes, whether viewed on the ballot or on the print out, to be examined for write-in votes that are for a person whose name is printed on the ballot as a candidate. Provided the voter did not overvote for that office, a write-in vote for a person whose name is on the ballot, shall be counted as a vote for that candidate. The moderator shall include that vote in the total of the number of votes cast for that candidate, adding votes by write-in to votes by a marked oval.
III. A ballot where the voter marked the oval beside the name of a candidate whose name is printed on the ballot and also wrote that same candidates name in as a write-in shall be counted as one vote for that candidate. The moderator shall include that one vote in the total number of votes cast for that candidate. The write-in shall not be counted separately as a write-in vote.
IV. If the moderator shall not use the device report of printed images of write-in votes to fulfill the requirement for publicly announcing all persons receiving votes and the number of votes that person received, the printed images shall be stored for future reference and kept in the possession of the town or city clerk. If write in votes are tallied using the device report, the report shall be marked "name on ballot" or "NOB" beside each write-in vote that was counted as a vote for a candidate whose name was printed on the ballot.
V. If the device report is used to tally write-in votes, a copy of the report shall be preserved with the ballots used at the election. The printed report showing the write-in votes in the voter's handwriting shall be a non-public record, and shall be exempt from RSA 91-A. The moderator shall also provide the clerk with a copy of the printed images of all write-in votes to be available as a non-public record to assist with post-election reporting.
VI. For all state elections, if used in the ballot counting process, the moderator and the clerk shall retain a copy of the printed images of all write-in votes to be available for reference if needed to resolve questions regarding the return of votes. The copy shall be a non-public document and shall be stored and used in a manner that limits the risk of exposing, through recognition of handwriting, the candidate written in by any voter.
Source.
2020, 23:8, eff. July 17, 2020.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:65 - Defective Ballots.

659:65 Defective Ballots. –
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).
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:67 - Write-In Votes.

659:67 Write-In Votes. –
In 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.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:69 - Counting Votes on Different Party Ballots.

659:69 Counting Votes on Different Party Ballots. –
Votes 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.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:70 - Final Counting; Result.

659:70 Final Counting;  Result. –
The final count of all votes on all ballots cast at the central and additional polling places, if any, shall be combined and the moderator shall announce the final count for each office and question.
Source.
1979, 436:1, eff. July 1, 1979. 2020, 35:6, eff. Sept. 26, 2020.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:71 - When to Prepare Return.

659:71 When to Prepare Return. –
After the tabulation of votes has been completed and the result has been announced by the moderator as provided in RSA 659:70, the town or ward clerk shall prepare the election return in the presence of the other election officials.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:72 - Secretary of State to Prepare Return Blanks.

659:72 Secretary of State to Prepare Return Blanks. –
Prior to any state election, the secretary of state shall prepare and distribute to each town, city, or ward clerk election return forms together with such instructions as the secretary of state shall deem necessary.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:74 - Preparing Return.

659:74 Preparing Return. –
The town or ward clerk shall prepare the election return in duplicate on the forms supplied by the secretary of state and shall sign and shall certify such returns.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:75 - Forwarding; Retaining Copies of Return.

659:75 Forwarding;  Retaining Copies of Return. –
I. One copy of the election return shall be forwarded by the town or ward clerk to the secretary of state in both paper and electronic form no later than 8:00 a.m. on the day following a state election unless the secretary of state orders them at a different time and date. The other shall be kept by the town or city clerk in accordance with RSA 33-A:3-a and shall be open to public inspection at reasonable times. If an official state election return is sealed along with the ballots, the clerk having custody of the sealed ballots shall, at the request of the secretary of state, and in the presence of a state election official, unseal the ballots and retrieve the election return. The ballots shall be immediately resealed and the election return shall be delivered to the secretary of state by the election official.
II. For a city or town that uses an AccuVote electronic ballot counting device in a state election, the town or ward clerk shall print and forward a paper copy of the long report tape to the secretary of state with the return of votes form and shall keep a paper copy of the long report tape with the paper return of votes form that is retained by the town or city clerk in accordance with paragraph I.
Source.
1979, 436:1. 1994, 4:17. 2007, 75:1. 2010, 317:80. 2011, 185:3, eff. Jan. 1, 2012. 2022, 78:1, eff. July 19, 2022.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:76 - Return From Unincorporated Place.

659:76 Return From Unincorporated Place. –
As provided in RSA 668:7, the town clerk shall prepare and forward a return of the votes cast in his town by voters of unincorporated places, if any, in the same manner as provided in RSA 659:71-75.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:77 - General Neglect by Town or Ward Moderator and Clerk.

659:77 General Neglect by Town or Ward Moderator and Clerk. –
I. If any moderator shall intentionally neglect to cause an accurate count to be made of the votes cast as required by law, for which no other penalty is provided, he or she shall be guilty of a violation.
II. If any town or ward clerk shall intentionally neglect to make any return of votes required by law, for which neglect no other penalty is provided, he or she shall be guilty of a violation.
III. If a return of votes is not timely submitted or is submitted with significant defects, if a recount discloses that the election night vote count was significantly inaccurate, or if other significant deficiencies in the conduct of an election are documented the secretary of state shall report the same to the attorney general. Upon a finding by the attorney general that the late submission, miscount, or other significant deficiency was due to lack of training, lack of established procedures, negligence, or misconduct, the secretary of state in consultation with the attorney general shall appoint an election monitor who shall be an individual trained in the conduct of elections and who shall attend portions of the ballot casting and all of the ballot counting to monitor the next election conducted in that town or ward. The finding of the attorney general may be appealed to the ballot law commission.
IV. An election monitor appointed under paragraph III shall have full access to the polling place, including authority to directly observe the registration of voters on election day, the checking in of voters by inspectors of elections, assistance to voters with disabilities, the use of the accessible voting system, the receipt of ballots, the processing of absentee ballots, and the counting of ballots, and may handle marked ballots for the purposes of instruction during the counting and tabulating process.
V. An election monitor appointed under paragraph III may provide training and guidance to the moderator and clerk who conducts the election. The election monitor shall issue a public written report within 30 days following the election to the voters of the town or ward, the secretary of state, and the attorney general, which shall be posted on the secretary of state's website, documenting the extent to which the town or ward complies with state law and utilizes the best practices set forth in the election procedures manual and the on-line training available on the secretary of state's website in conducting the monitored election.
Source.
1979, 436:1. 2010, 317:48. 2011, 185:4, eff. Jan. 1, 2012.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:78 - Late Return.

659:78 Late Return. –
Whenever the election return of any town or ward has not been received by the secretary of state by 8:00 a.m. on the day after a state election, the secretary of state shall so notify the attorney general and the moderator, the selectmen, and the clerk of the town or ward who shall forward such return forthwith.
Source.
1979, 436:1. 2010, 317:49, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:79 - Incorrect or Incomplete Return; Amendment.

659:79 Incorrect or Incomplete Return;  Amendment. –
If a town or ward clerk shall make an incorrect or incomplete election return, the moderator may require that clerk, at his or her own expense, to appear and amend the return according to the facts within 4 hours of receipt of notification from the secretary of state. If the clerk shall refuse to appear and amend the return, he or she shall be guilty of a violation.
Source.
1979, 436:1. 2010, 317:50, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:81 - Canvass and Declaration Generally.

659:81 Canvass and Declaration Generally. –
Except as provided in RSA 659:82, when the secretary of state has received the returns for an office from all towns or wards comprising the elective district for that office, he shall examine, record and total such returns and shall declare elected to the office the same number of persons as the number of officers to which the district is entitled; provided that those persons declared officers-elect shall be those persons who received the highest number of votes cast for said office.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:82 - Declaration of State Representatives-Elect From Representative District Containing Only One Town or Ward.

659:82 Declaration of State Representatives-Elect From Representative District Containing Only One Town or Ward. –
In a state representative district containing only one town or ward, the moderator of such town or ward shall declare state representatives-elect from such district.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:83 - Certificate of Election Blanks.

659:83 Certificate of Election Blanks. –
The secretary of state shall prepare certificate of election blanks before any state general election and shall retain the appropriate blanks for his own use.
Source.
1979, 436:1. 1994, 366:2, eff. Aug. 8, 1994.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:84 - Certificates of Election.

659:84 Certificates of Election. –
When the time for any recount or appeal to the ballot law commission or superior court has expired or when all candidates for an office whose names were placed on the official state general election ballot have waived in writing a recount and an appeal, whichever is first:
I. The governor shall issue certificates of election to the following officers-elect:
(a) Electors of the president and vice-president of the United States;
(b) United States senator;
(c) United States representatives.
II. The secretary of state shall issue certificates of election to the following officers-elect:
(a) State senators;
(b) State representatives;
(c) County officers.
III. [Repealed.]
Source.
1979, 436:1. 1991, 254:10, 12, eff. Aug. 9, 1991.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:85 - Election to Incompatible Offices.

659:85 Election to Incompatible Offices. –
If, upon the conclusion of the canvass of votes in any state general election, any person shall have received the largest number of votes for 2 or more incompatible offices, the secretary of state shall notify the candidate of that fact. Thereupon, the candidate shall, within 10 days, notify the secretary of state of which office he intends to accept. The secretary of state shall then declare that person elected to that office and declare vacant the other offices for which the person received a sufficient number of votes to win. Such a vacancy shall be filled as provided by RSA 661.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:86 - Canvass and Declaration Generally.

659:86 Canvass and Declaration Generally. –
Except as provided in RSA 659:87, when, for each political party having an official state primary election ballot, the secretary of state has received the returns for a nomination from all towns or wards comprising the elective district for that office, he shall examine, record and total such returns and, for each political party, shall declare nominated for the office the same number of persons as the number of officers to which the district is entitled; provided that those persons declared nominated for the office shall be those persons who, on each party ballot, received the highest number of votes cast for the office, except as provided in RSA 659:91.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:87 - Declaration of Nominees for Office of State Representative From District Containing Only One Town or Ward.

659:87 Declaration of Nominees for Office of State Representative From District Containing Only One Town or Ward. –
In a state representative district containing only one town or ward, the moderator of such town or ward shall, for each political party having an official state primary election ballot, declare nominees for the office of state representative from such district.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:88 - Write-In Votes and Nomination.

659:88 Write-In Votes and Nomination. –
I. (a) A person whose name was not printed on the official state primary election ballot of a political party shall not be entitled to the nomination of that party for any office unless the person received at least 35 write-in votes or write-in votes equaling 10 percent or more of the total votes cast for that party on the state primary election ballot, whichever is smaller.
(b) A person whose name was not printed anywhere on the official state primary election ballot, and who receives the nomination of a party by write-in vote in a primary election and wishes to accept the nomination, shall file a declaration of candidacy with the secretary of state no later than the first Monday after the primary. The declaration of candidacy shall be filed with the understanding that, where the form says "primary election," it shall be construed to mean "general election." Such person shall not, however, be required to pay the administrative assessment under RSA 655:19-c.
II. If a person is disqualified from a nomination in accordance with the provisions of paragraph I, then the nomination shall be awarded to the qualified person who received the highest number of votes, provided that person received at least 35 votes or votes equaling 10 percent or more of the total votes cast for that party on the state primary election ballot, whichever is smaller.
Source.
1979, 436:1. 1981, 240:1. 1993, 187:1. 1994, 218:4. 2008, 142:1. 2010, 317:51. 2011, 150:6. 2012, 113:7, eff. May 31, 2012. 2020, 35:7, 8, eff. Sept. 26, 2020.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:89 - Notice of Result.

659:89 Notice of Result. –
After the declarations required by RSA 659:86 and 659:87 have been made, the secretary of state shall:
I. Send a certified list of all elected state convention delegates to each state party committee;
II. Notify in writing of his nomination each person nominated by write-in vote at the primary.
Source.
1979, 436:1. 1981, 240:2. 1983, 426:17, eff. Aug. 23, 1983.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:90 - Rejection of Nomination by Write-In Vote.

659:90 Rejection of Nomination by Write-In Vote. –
Persons nominated by write-in vote who wish to reject the nomination shall reject their nominations as follows. A person notified in writing of his or her nomination by the secretary of state as required by RSA 659:89 shall advise the secretary of state in writing if he or she wishes to reject the nomination. If such rejection of nomination is not received by the secretary of state by the first Tuesday following the date of the primary, the person shall be deemed to have accepted the nomination, and his or her name shall appear on the official ballot as a candidate for the office. If for any reason the person cannot be contacted by the deadline for the printing of the ballots, the candidate's name shall be printed on the official state general election ballot.
Source.
1979, 436:1. 1981, 240:3. 1983, 426:18. 1994, 4:18. 2010, 317:52. 2012, 113:8, eff. May 31, 2012.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:91 - Nominations for Incompatible Offices.

659:91 Nominations for Incompatible Offices. –
Any person who is nominated by the same political party for incompatible offices shall notify the secretary of state in person, in writing, by facsimile transmission, or by e-mailing a signed statement as an attachment no later than the Friday following the date of the primary of which nomination he or she will accept. Thereupon the secretary of state shall declare a vacancy to exist in the nomination which such person declined. The vacancy shall be filled as provided in RSA 655:37 except that all the necessary declarations of candidacy and affidavits shall be filed no later than 5:00 p.m. on the first Tuesday following the date of the primary.
Source.
1979, 436:1. 1981, 240:4. 1983, 426:19. 1994, 4:19. 2010, 317:53. 2012, 113:9, eff. May 31, 2012.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:91-a - Candidate of One Party.

659:91-a Candidate of One Party. –
I. Any person who runs as a candidate on any party's state primary election ballot and who is not chosen as the candidate for that party for the elective office for which the person was a candidate shall not under any circumstances run as the nominee of a different party in the state general election.
II. Notwithstanding the provisions of RSA 655:37, if any candidate is disqualified from accepting the nomination of another party by means of write-in votes because the candidate is disqualified under the provisions of paragraph I, then the nomination shall be given to the candidate who received the highest number of write-in votes and who was not disqualified under the provisions of paragraph I, so long as he or she receives 35 write-in votes, or write-in votes equaling 10 percent or more of the total votes cast for that party on the state primary election ballot, whichever is the smaller.
Source.
1983, 221:1; 429:2. 1986, 61:1. 1996, 36:10. 1999, 202:2. 2001, 231:10, eff. July 13, 2001. 2020, 35:9, eff. Sept. 26, 2020.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:92 - Canvass; Publication.

659:92 Canvass;  Publication. –
When, for each political party having an official presidential primary election ballot, the secretary of state has received the returns for the office of president from all towns and wards in the state, he shall examine, record and total such returns, which shall be a matter of public record.
Source.
1979, 436:1. 1983, 426:10, eff. Aug. 23, 1983.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:93 - Apportionment of Delegates; Notice.

659:93 Apportionment of Delegates;  Notice. –
I. The secretary of state shall apportion delegates to the national party conventions among the candidates voted for at the presidential primary by determining the proportion of the number of votes cast for each presidential candidate to the total votes cast for all presidential candidates of the same political party, rounded to the nearest whole number.
II. A presidential candidate must receive at least 10 percent, before any rounding to the nearest whole number, of the total vote cast for all presidential candidates of his political party to be eligible for a share of the apportioned delegates.
III. In the event the apportionment of delegates according to paragraphs I and II leaves one or more delegates unassigned by the process of mathematical distribution, said delegates shall be apportioned to the presidential candidate of that party with the highest number of votes.
IV. Only one alternate for each delegate shall be authorized.
V. After determining the apportionment of delegates according to this section, the secretary of state shall send by mail notice to each candidate the number of delegates to which he is entitled pursuant to this section. The candidate shall within 10 days after notice is sent to him notify the secretary of state of which delegates and alternates on the list filed pursuant to RSA 655:50 that he chooses to be his delegation at the national convention. The secretary of state shall then notify by mail each delegate and alternate chosen by the candidate to support his candidacy at the national convention.
VI. If a presidential candidate has received a share of the delegates as a result of the presidential primary but withdraws as a presidential candidate at any time prior to the convention, his pledged delegates shall be released by the candidate and each delegate is free to support any candidate of his political party who may be his choice as a candidate for president.
Source.
1979, 367:2; 436:1. 1981, 96:1, eff. June 19, 1981.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:94 - Write-In Vote.

659:94 Write-In Vote. –
If a presidential candidate receives as write-in votes 10 percent or more, before any rounding to the nearest whole number, of the total votes cast for all such candidates of a political party, the secretary of state shall so notify in writing the person; and the person shall then select the number of delegates and alternates to which he is entitled according to RSA 659:93 and such delegates and alternates shall file the certification provided for in RSA 655:51.
Source.
1979, 436:1. 1981, 96:2, eff. June 19, 1981.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:95 - Sealing and Certifying Ballots.

659:95 Sealing and Certifying Ballots. –
I. Immediately after the ballots cast at a state election have been tabulated and the result has been announced and the return has been made, the moderator or the moderator's designee, in the presence of the selectmen or their designee, shall place the cast, cancelled, and uncast ballots, including such ballots from any additional polling places, and further including the successfully challenged and rejected absentee ballots still contained in their envelopes, in the containers provided by the secretary of state as required by RSA 659:97 and shall seal such container with the sealer provided by the secretary of state as required by RSA 659:97. The moderator or the moderator's designee shall then enter in the appropriate blanks on such sealer on each container the number of cast, cancelled, and uncast ballots in such container and shall endorse in the appropriate place on such sealer a certificate in substance as follows: Enclosed are the ballots from the state election in the town of _________ (or in ward _______________ in the city of _________________ ) held on __________ , 20 ___ , Box _____ of _____ , to be preserved in accordance with RSA 33-A:3-a. The moderator and the selectmen or their designee shall sign their names in the appropriate blanks on the sealer.
II. Ballots, including cast, cancelled, and uncast ballots and successfully challenged and rejected 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 voter affidavits prepared for or used in any election conducted by the state or any political subdivision, including federal elections.
Source.
1979, 436:1. 1985, 292:1. 2003, 289:60. 2010, 317:81, eff. Aug. 16, 2010 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:96 - Ballots for Constitutional Amendments.

659:96 Ballots for Constitutional Amendments. –
If a question to voters is submitted to the vote of the people on a special and separate ballot as provided in RSA 663:2, then those ballots shall be sealed and certified in a separate container as provided in RSA 659:95 except as provided in RSA 659:97.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:97 - Secretary of State to Prepare Containers, Sealers.

659:97 Secretary of State to Prepare Containers, Sealers. –
The secretary of state shall, before any state election, prepare and distribute to each town and ward clerk containers to be used for preserving ballots and sealers to seal each such container. He shall prepare special containers and sealers to be used for preserving any special and separate ballots for questions to voters. The secretary of state shall prescribe the size and form of such containers and sealers and shall prescribe the form of any endorsement blank printed upon the sealers, provided that the blank is in substance consistent with the provisions of RSA 659:95.
Source.
1979, 436:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:98 - Delivery of Ballots to Town Clerk.

659:98 Delivery of Ballots to Town Clerk. –
The moderator, or the moderator's designee, and the selectmen, or their designee, after they have sealed and certified the state election ballots as provided in RSA 659:95 and RSA 659:96, shall deliver the sealed containers to the town or city clerk, or to the clerk's designee, who shall in their presence enter in the appropriate place on each sealer the time of day and shall sign his or her name in the appropriate blank on the sealer. The clerk or the clerk's designee shall, without breaking the seals or otherwise changing the condition of the containers, deposit the containers in the town or city hall. Containers containing ballots and absentee balloting materials that have been sealed after an election according to instructions provided by the secretary of state shall be stored in a location under the direction of the clerk. A log shall be maintained by the clerk specifying the location and the containers at the location. Once stored, the containers shall be accessible only to individuals working under the direction of the town clerk, as required for recounts, or as necessary for the secretary of state to verify the container storage. When the containers are removed to allow for destruction of ballots in accordance with RSA 33-A:3-a, the destruction of the ballots and absentee balloting materials shall be the final entry in the log.
Source.
1979, 436:1. 1985, 292:2. 2010, 317:82, eff. Aug. 16, 2010 at 12:01 a.m. 2018, 100:2, eff. July 24, 2018. 2022, 73:1, eff. July 19, 2022.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:99 - Forwarding Ballots to the Secretary of State.

659:99 Forwarding Ballots to the Secretary of State. –
If any person shall make a request for a recount as provided in RSA 660, or if the secretary of state shall request the ballots of the recent election, the clerk having the custody of such ballots shall, at the request of the secretary of state, forward the ballots forthwith to the secretary of state.
Source.
1979, 436:1. 2010, 317:56, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:100 - Destruction of Ballots.

659:100 Destruction of Ballots. –
All state election ballots remaining in the possession of the town or city clerk may be destroyed in accordance with RSA 33-A:3-a.
Source.
1979, 436:1. 1987, 208:1. 2010, 172:21, eff. Aug. 16, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:101 - Preservation of Absentee Voting Materials and Election Day Affidavits.

659:101 Preservation of Absentee Voting Materials and Election Day Affidavits. –
The absentee ballot affidavits and application forms processed by the moderator as provided in RSA 659:50, the absentee ballots challenged and rejected as provided in RSA 659:51 and RSA 659:53, and the qualified voter affidavits as provided in RSA 654:12 and any other documentary proof of qualifications retained by the town or city clerk, the supervisors of the checklist, or other election official shall be preserved in accordance with RSA 33-A:3-a. Qualified voter and voter registration affidavits shall be retained for the period set forth in RSA 33-A:3-a, and other materials may be destroyed after the election is settled and all appeals have expired or one year after the election, whichever is longer.
Source.
1979, 436:1. 2003, 289:59. 2006, 94:3. 2009, 278:6. 2010, 317:83, eff. Aug. 16, 2010 at 12:01 a.m. 2017, 205:14, eff. Sept. 8, 2017.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:102 - Preservation of Checklists.

659:102 Preservation of Checklists. –
Within 90 days of the closing of the polls for 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, if directed by the secretary of state, 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 or her custody for a public record for a period set forth in RSA 33-A:3-a.
Source.
1979, 436:1. 1981, 510:5. 1983, 426:11. 1994, 4:20. 2010, 172:23. 2011, 185:5. 2013, 106:1, eff. Aug. 23, 2013.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:103 - Preservation of Challenge Affidavits.

659:103 Preservation of Challenge Affidavits. –
The forms completed by challengers and affidavits made by challenged voters as provided in RSA 659:27 and RSA 659:27-a shall be preserved in accordance with RSA 33-A:3-a.
Source.
1979, 436:1. 2010, 172:24. 2011, 185:6, eff. Jan. 1, 2012.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 659 - Election Procedure › Section 659:104 - Penalties.

659:104 Penalties. –
I. Where no other penalty is provided, whoever violates any provision of this chapter shall be subject to a civil penalty not less than $250 nor more than $1,000.
II. The attorney general shall notify persons subject to this section of the state's intention to seek a civil penalty, and of the ability to negotiate with and to settle with such suspected violators without court action, provided that any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund.
Source.
2022, 234:2, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 660 - Post-Election Procedure › Section 660:1 - Application.

660:1 Application. –
Any candidate for whom a vote was cast for any office at a state general election may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate declared elected is less than 20 percent of the total votes cast in the towns which comprise the office to be recounted. 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.
Source.
1979, 436:1. 1981, 510:1. 1983, 175:2. 1994, 4:21. 1995, 69:1. 2008, 377:2, eff. Sept. 9, 2008.