reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:7 - Incompatibility of Offices.

669:7 Incompatibility of Offices. –
I. No person shall at the same time hold any 2 of the following offices: selectman, treasurer, moderator, trustee of trust funds, collector of taxes, auditor and highway agent. No person shall at the same time hold any 2 of the following offices: town treasurer, moderator, trustee of trust funds, selectman and head of the town's police department on full-time duty. No person shall at the same time hold the offices of town treasurer and town clerk. No full-time town employee shall at the same time hold the office of selectman. No official handling funds of a town shall at the same time hold the office of auditor. No selectman, moderator, town clerk or inspector of elections shall at the same time serve as a supervisor of the checklist. No selectman, town manager, school board member except a cooperative school board member, full-time town, village district, school district except a cooperative school district, or other associated agency employee or village district commissioner shall at the same time serve as a budget committee member-at-large under RSA 32.
I-a. No person shall at the same time file a declaration of candidacy for any 2 or more elected offices that are incompatible under paragraph I.
II. The provisions of paragraph I refer to the actual holding of office, and are not to be construed to prevent the transfer between offices of information obtained in the regular conduct of business nor to prevent the personnel in any office from furnishing clerical assistance to any other office.
Source.
1979, 410:1. 1981, 282:3. 1983, 132:1. 1993, 123:1. 2000, 308:3. 2014, 99:1, eff. Aug. 10, 2014.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:8 - Incompatibility of Offices; Town Manager.

669:8 Incompatibility of Offices;  Town Manager. –
The town manager, during the time that he or she holds such appointment, may be manager of a district or precinct located wholly or mainly within the same town and may be elected or appointed to any municipal office in such town or included district or precinct that would be subject to his or her supervision if occupied by another incumbent; but he or she shall hold no other elected or appointed public office of the town except justice of the peace or notary public except as provided in RSA 37:9 and RSA 37:16.
Source.
1979, 410:1. 2004, 55:2, eff. July 2, 2004.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:9 - Oaths of Town Officers.

669:9 Oaths of Town Officers. –
All town officers elected as provided in this chapter shall take an oath of office as provided in RSA 42 before qualifying for office.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:10 - Term of Office.

669:10 Term of Office. –
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 over. If a recount is requested for a town office, no person shall assume that office until after the recount is completed.
Source.
1979, 410:1. 1989, 116:1, eff. July 7, 1989.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:11 - Unofficial Ballot System.

669:11 Unofficial Ballot System. –
If a town has not voted at a previous town meeting to adopt an official ballot system as provided in RSA 669:12 or 669:13 or if a town has voted to rescind such adoption, such town shall elect its officers by means of the unofficial ballot system as provided in RSA 669:54-669:60. A majority vote shall be required to elect using unofficial ballots.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:12 - Partisan Official Ballot System.

669:12 Partisan Official Ballot System. –
Any town may vote to adopt the partisan official ballot system for election of town officers under an article in the warrant for any town meeting, and may rescind such action in like manner. The partisan ballot system shall not be in effect until the town election first following the town meeting at which such system is adopted. A plurality shall elect in towns using the partisan ballot system.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:13 - Non-Partisan Official Ballot System.

669:13 Non-Partisan Official Ballot System. –
A town may vote to adopt the non-partisan official ballot system for election of town officers under an article in the warrant for any town meeting, and may rescind such action in like manner. In any town in which the partisan ballot system is in effect, and which has a population, according to most recent federal census, of 4,500 or more, adoption of the non-partisan ballot system shall be by ballot. Whenever in such town there shall appear in the warrant for any town meeting an article relating to the adoption of the non-partisan ballot system, the town clerk shall cause to be printed on the official ballot, if any, otherwise upon a ballot specially prepared for the purpose, the question, "Shall the non-partisan ballot system for the election of town officers be adopted by this town?", which question shall be followed by boxes in which the voter may indicate "Yes" or "No". If the majority of the qualified voters present and voting at such meeting shall answer said question in the affirmative, the non-partisan ballot system shall be deemed to have been adopted by said town. In all towns, the non-partisan ballot system shall not be in effect until the town election first following the meeting at which such system is adopted. A plurality shall elect in towns using the non-partisan ballot system.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:14 - Use of Ballot.

669:14 Use of Ballot. –
Town officers who are to be elected by ballot as provided in RSA 669:15 and all other officers that a town has voted at some previous meeting to elect by ballot shall be elected by means of the partisan or non-partisan official ballot systems if such an official ballot system shall be in effect in a town. In towns where no such official ballot system is in effect, town officers who are to be elected by ballot as provided in RSA 669:15 and such other officers as the town votes to elect by ballot shall be elected by unofficial ballot at the town business meeting pursuant to RSA 669:54-669:60.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:15 - Officers Who Shall be Elected; Election by Ballot.

669:15 Officers Who Shall be Elected;  Election by Ballot. –
The town officers specified in this section shall be elected at a town election by the voters of the town, and the election of such officers shall be by ballot as specified by the RSA section indicated:
I. Selectmen (RSA 41:8 through 8-e).
II. Moderator (RSA 40:1).
III. Supervisors of the checklist (RSA 41:46-a).
IV. Town clerk (RSA 41:16 through 16-b).
V. Town treasurer (RSA 41:26 through 26-b), unless provision has been made for appointment pursuant to RSA 41:26-e.
VI. Highway agents, unless provision has been made for their appointment (RSA 231:62 through 62-b).
Source.
1979, 410:1. 1983, 164:3. 2007, 35:7, eff. July 13, 2007.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:16 - Optional Officers to be Elected by Ballot: Interim Officers.

669:16 Optional Officers to be Elected by Ballot:  Interim Officers. –
The town offices specified in this section shall, if established by a town, be filled by an election by ballot. Such an officer may not be elected by official ballot until the annual town election first following the establishment of the office. However, whenever a town votes to establish such an optional office, the town may also then vote to elect by unofficial ballot at the same meeting an officer to serve until the next annual town election. If a town then fails to elect such an officer by unofficial ballot, the office shall be deemed vacant and shall be filled as provided in RSA 669:61-669:75. This section applies to the following offices:
I. Town clerk-tax collector (RSA 41:45-a).
II. Constables or police officers for full-time duty (RSA 41:47).
III. Trustees of trust fund (RSA 31:19-23).
IV. Sewer commissioners (RSA 149-I:19).
V. Tax collector for a 3-year term (RSA 41:2-b).
VI. Town auditors (RSA 41:32-a).
VI-a. [Repealed.]
VII. Library trustees (RSA 202-A:6).
Source.
1979, 410:1. 1991, 269:13. 2011, 4:2, eff. Apr. 25, 2011.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:17 - Officers Who May be Elected; Election by Ballot or Other Means.

669:17 Officers Who May be Elected;  Election by Ballot or Other Means. –
The town officers specified in this section may be elected by ballot or by other means at annual town elections or meetings by the voters of the town as determined by said voters. Such an officer may not be elected by official ballot until the annual town election first following the establishment of the office. When a town votes to establish such an optional office, the town may also then vote to elect by any means at the same meeting an officer to serve until the next annual town election or meeting or may vote to authorize the officer with the power to fill a vacancy in the office as provided in RSA 669:61-669:75 to appoint someone until the next annual town election or meeting. This section applies to the following offices:
I. Town assessors (RSA 41:2-c through 2-i).
II. [Repealed.]
III. Overseers of public welfare (RSA 41:2).
IV. Constables or police officers, other than those elected under RSA 41:47 (RSA 41:2).
V. Elected planning board members (RSA 673:2).
V-a. Elected zoning board of adjustment members (RSA 673:3).
VI. Elected budget committee members (RSA 32:15).
VII. Tax collector for a 1-year term (RSA 41:2).
VIII. Fire chief or firewards for a term of one or more years, as determined by the local legislative body under RSA 154:1 through RSA 154:1-c.
IX. Any other officers the town may judge necessary for managing its affairs under RSA 41:2.
Source.
1979, 410:1. 1983, 164:4. 1990, 71:2. 1993, 28:9, eff. Jan. 1, 1994; 332:5, eff. Aug. 28, 1993.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:17-a - Filing Candidacy.

669:17-a Filing Candidacy. –
No person shall file as a candidate for a town officer under the provisions of RSA 669:19 or RSA 669:42 for more than one seat on the same town or school district board, commission, committee, or council.
Source.
1992, 96:5. 2008, 148:1, eff. Aug. 5, 2008.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:17-b - Discontinuing Optional Elected Office.

669:17-b Discontinuing Optional Elected Office. –
When a town votes to discontinue any optional elected office, whether or not such office is to be succeeded by an appointed office, the person holding the elected office at the time of the vote to discontinue it shall continue to hold office until the annual town election first following the discontinuance of the office, at which time the elected office shall terminate irrespective of the length of that officer's term. This section shall apply to the elective offices of tax collector, highway agent, constable or police officer, overseer of public welfare, auditor, and any other optional town elected office not governed by another statute.
Source.
1994, 112:1, eff. July 10, 1994.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:17-c - Candidate Notification to Selectmen.

669:17-c Candidate Notification to Selectmen. –
Any person who has been removed from any position in the state which requires bonding and who subsequently becomes a candidate for any elected office that requires bonding under RSA 41:6, shall inform the governing body in that town of all facts relevant to the removal from office no later than the last day of the filing period for candidates. The board of selectmen shall then inform the town's bonding agent who shall determine the candidate's ability to be bonded under RSA 41:6.
Source.
2004, 184:3, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:17-d - Discontinuing Office of Elected Treasurer.

669:17-d Discontinuing Office of Elected Treasurer. –
When a town votes to discontinue an elected treasurer office, the person holding the elected office of treasurer at the time of the vote to discontinue it shall continue to hold office until the annual town election first following the discontinuance of the office, at which time the elected office of treasurer shall terminate irrespective of the length of that officer's term.
Source.
2007, 35:8, eff. July 13, 2007.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:18 - Nominations; Partisan Ballot System.

669:18 Nominations;  Partisan Ballot System. –
In a town which has adopted the partisan ballot system as provided in RSA 669:12, nominations shall be made by caucus as provided in RSA 669:37-669:53.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:19 - Nominations; Nonpartisan Ballot System.

669:19 Nominations;  Nonpartisan Ballot System. –
In a town which has adopted the nonpartisan ballot system as provided in RSA 669:13, all candidates shall file a declaration of candidacy with the town clerk during the filing period for town candidates. All candidates who file on the last day of the filing period shall do so in person before the town clerk. The filing period shall begin on the seventh Wednesday and end on the Friday of the following week before the town election. Such declaration of candidacy shall be prepared by the town clerk in substantially the following form: I, ____________________ , declare that I am domiciled in the town of _______________ , and that I am a registered voter therein; that I am a candidate for the office of _______________ and hereby request that my name be printed on the official nonpartisan ballot of the town of _______________ .
Source.
1979, 410:1. 1983, 154:1. 1987, 299:4. 1988, 126:2. 1994, 4:31. 2008, 148:2. 2011, 40:1, eff. July 8, 2011.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:22 - Withdrawal.

669:22 Withdrawal. –
Where a candidate had duly filed according to RSA 669:19 for a non-partisan town election or where a party nominee has been certified to the clerk as provided in RSA 669:50 for a partisan town election, no withdrawal or declination of a candidate shall be accepted by the town clerk subsequent to the last dates for filing except if the candidate dies or shall make oath that he does not qualify for the public office for which he or she is filed because of age, domicile, or incapacitating physical disability acquired subsequent to his or her filing. If a candidate dies or withdraws as provided in this section, the town clerk shall not print the name of that candidate on the ballot. If the ballots have been printed, the clerk shall remove that name using pasters.
Source.
1979, 410:1. 1987, 276:6. 2008, 148:3, eff. Aug. 5, 2008.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:23 - Preparation of Voting Materials.

669:23 Preparation of Voting Materials. –
The town clerk shall prepare the official ballots for the town and shall arrange the names of candidates upon said ballots in parallel columns. Immediately above the names of each block of candidates shall be printed the title of the office for which they are candidates, such as "For Selectman." Below the title of each office shall be printed in small but easily legible type the words "Vote for not more than (here insert a number designating how many persons are to be voted for)." Directly to the right of the name of each candidate there shall be a square. Whenever there are 2 or more candidates for the same office the names shall be printed upon the ballot in the alphabetical order of their surnames according to the alphabetization procedure established in RSA 656:5-a. Following the names printed on the ballot under the title of each office, there shall be as many blank lines as there are persons to be elected to that office.
Source.
1979, 410:1. 2001, 80:1. 2010, 330:6, eff. July 20, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:24 - Paper, Uniformity, Endorsement.

669:24 Paper, Uniformity, Endorsement. –
The ballots shall be printed on plain white paper, in weight not less than that of ordinary printing paper; provided, however, that if more than one ballot is used during any town election, each ballot shall be of a different color than any other ballot used at the election. There shall be no impression or mark to distinguish one ballot from another. The names of all candidates shall be printed in uniform type and the ballots shall be folded so that their width and length when folded shall be uniform. On the back, or at the top of the face, of each ballot shall be printed the words "Official Ballot for the Town of __________ ," the date of the election, and a facsimile of the signature of the town clerk who prepared the ballot. For ballots transmitted electronically, the words "Official Ballot for the Town of __________ " shall be located at the top of the face of the ballot.
Source.
1979, 410:1. 1991, 370:2. 2010, 317:62, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:25 - Conduct.

669:25 Conduct. –
In towns which have adopted an official ballot system, the town election shall be conducted in the same manner as a state general election as provided in RSA 658 and 659, except that RSA 659:77, III-V and 659:78 shall not apply, and except that all duties required to be performed by the secretary of state under those chapters shall be performed by the town clerk, and except that no copy of marked or unmarked checklists need be forwarded to the state archives or federal district court as provided in RSA 659:102. Polling hours for a town meeting or election shall be set by the selectmen or by a vote of the town.
Source.
1979, 410:1. 1981, 454:10. 2010, 317:63, eff. July 18, 2010. 2018, 100:3, eff. July 24, 2018.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:26 - Absentee Voting.

669:26 Absentee Voting. –
I. Every town which has adopted an official ballot system for town elections as provided in RSA 669:12 or 669:13 shall provide for absentee voting. Any eligible voter who is absent from such a town on the day of a town election, or who cannot appear in public on election day because of his or her observance of a religious commitment, or who, by reason of physical disability, is unable to vote in person may vote at a town election in accordance with the provisions of this section and RSA 669:27-669:29. A person who is unable to appear at any time during polling hours at his or her polling place because of an employment obligation shall be considered absent for purposes of this section and RSA 669:27-669:29. For the purposes of this section, the term "employment" shall include the care of children and infirm adults, with or without compensation.
II. When the National Weather Service has issued a winter storm warning, blizzard warning, or ice storm warning for election day applicable to the town:
(a) A person who is elderly or infirm or who has a physical disability, who otherwise would have voted in person but has concerns for his or her safety traveling in the storm, shall be considered absent for purposes of this section and RSA 669:27-669:29 and may vote absentee on the Monday immediately prior to the election.
(b) A person who cares for children or infirm adults who reasonably anticipates that school, child care, or adult care will be canceled, who otherwise would have voted in person but will be deterred from voting by the need to care for children or infirm adults, shall be considered absent for purposes of this section and RSA 669:27-669:29 and may vote absentee on the Monday immediately prior to the election.
(c) As required by RSA 652:20, the clerk's office shall be open to receive applications for absentee ballots, to provide voters the opportunity to complete absentee ballots, and to receive returned ballots on the Monday immediately prior to an election at a minimum from 3:00 p.m. to 5:00 p.m. The clerk may designate a deputy clerk or assistant to provide this service, provided the individual has taken the oath of office and has been trained in the requirements for using an absentee ballot and the procedures for issuing and receiving absentee ballots.
Source.
1979, 308:7; 410:1. 1981, 454:11. 2006, 136:3. 2010, 317:64, eff. July 18, 2010. 2016, 130:4, eff. May 27, 2016. 2018, 329:6, eff. Jan. 1, 2019.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:27 - Forms.

669:27 Forms. –
Prior to each such election, the clerk shall prepare in such quantities as he may deem necessary the following forms:
I. Official absentee voting ballots, with the words "absentee ballot" printed on them, similar in form to the official ballot to be used at said election, and similarly endorsed and printed on paper of the same color as that used for official ballots;
II. Blank forms of application for absentee ballots worded similar in form to those required by RSA 657:4.
III. Envelopes of sufficient size to contain the ballots specified in paragraph I, on which shall be printed an affidavit similar in form to that required by RSA 657:7 or 657:8, as applicable.
Source.
1979, 308:8; 410:1. 1981, 392:4. 1987, 276:7. 2003, 289:47. 2006, 136:4. 2010, 317:65, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:28 - Instructions; Information.

669:28 Instructions;  Information. –
The secretary of state shall prepare for the use of the clerks such printed information and instructions, subject to the approval of the attorney general, as he shall deem appropriate to carry into effect the purposes hereof. The secretary of state shall furnish such material to the clerks of all towns, cities, village districts and school districts.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:29 - Application of Statutes.

669:29 Application of Statutes. –
The procedure for absentee voting in town elections shall be the same as in state elections as provided in RSA 657:2, 657:6, 657:7, 657:8, 657:12, and 657:14 through 657:24. With respect to the provisions of RSA 657:19, absentee ballots shall not be required to be sent to absent uniformed services voters or absent voters temporarily residing outside the United States at least 45 days prior to town elections, but shall be sent by the clerk as long before election day as is practical.
Source.
1979, 410:1. 1981, 169:2; 454:12. 2010, 317:66, eff. July 18, 2010.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:30 - Recounts; Application.

669:30 Recounts;  Application. –
Any 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.
Source.
1979, 410:1. 1981, 454:13. 1994, 4:32, eff. May 27, 1994.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:31 - Notice; Fee.

669:31 Notice;  Fee. –
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).
Source.
1979, 410:1. 1981, 454:14. 2003, 34:1, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:32 - Board of Recount.

669:32 Board of Recount. –
At 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.
Source.
1979, 410:1. 1981, 454:15. 2006, 41:5, eff. June 17, 2006.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:33 - Preservation of Ballots After Recount.

669:33 Preservation of Ballots After Recount. –
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 voter affidavit envelopes prepared for or used in any election conducted by the state or any political subdivision, including federal elections.
Source.
1979, 410:1. 1981, 454:16. 2003, 289:62, eff. Sept. 1, 2003.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:34 - Declaration of Results.

669:34 Declaration of Results. –
I. Upon completion of the recount, the board of recount shall publicly declare the results and certify such declaration to the town clerk.
II. The town clerk shall record the certificate received under paragraph I; and the person so declared to have been elected shall, unless the result is changed upon appeal to the superior court, be the duly elected officer of such town.
III. A person declared elected at the election whose election is affirmed by the recount may take the oath of office and assume office at any time following declaration of the results of the recount, provided the oath is taken by the deadline established by RSA 42:6.
IV. When a different person is declared elected following the recount, if no appeal is taken that person may take the oath of office and assume office on the sixth day following the date of the recount, provided that the oath is taken by the deadline established by RSA 42:6.
V. If a different person is declared elected following the recount, and an appeal is taken, that person may not assume office until the superior court has issued a final ruling on the appeal. The person holding the office prior to the election shall continue to hold the office until a successor is declared elected by the superior court and the person declared elected by the court takes the oath of office.
VI. When an appeal involves a multi-seat office, every declared candidate for that office and any write-in candidate who received 5 percent or more of the votes cast shall be entitled to notice of the appeal and may choose to become a party to the appeal. When ruling on an appeal involving an election where voters elected more than one person to a multi-seat office, the court may remove from office any person who was declared elected at the election and at the recount who has already taken the oath of office and assumed office if the court determines that it is more likely than not that a different person was elected to that seat. The validity of any actions taken by a person who assumes office pursuant to this section and is later removed as a result of an appeal may not be challenged on the basis that the person was subsequently removed as a result of the appeal.
Source.
1979, 410:1. 2008, 280:2, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:35 - Appeal From Recount.

669:35 Appeal From Recount. –
Any person aggrieved by a ruling of the board of recount with respect to any ballot may, within 5 days thereafter, appeal to the superior court for the county in which such town is located; and such court shall have jurisdiction in equity to hear and determine the question presented. The person shall also file a copy of the appeal with the town clerk by 5:00 p.m. on the fifth day following the date of the recount.
Source.
1979, 410:1. 2008, 280:3, eff. Aug. 26, 2008.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:36 - Tie Vote.

669:36 Tie Vote. –
In case of a tie vote at any town election, except as provided for unofficial ballots in RSA 669:60, the winner shall be determined by lot by the town clerk in the presence of the candidates who are tied if, upon notice from him, they elect to be present.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:37 - Nomination by Caucus.

669:37 Nomination by Caucus. –
In a town which has adopted the partisan ballot system under RSA 669:12, nominations may be made by any caucus of legal voters representing a political party which at the state election next preceding polled at least 3 percent of the entire vote cast in the state for the office of governor.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:38 - Party Regulations.

669:38 Party Regulations. –
Any party qualified to hold a caucus may, in convention or by its recognized political committee, make regulations concerning the manner of holding the caucus consistent with the provisions of this subdivision.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:39 - When Held.

669:39 When Held. –
Any caucus held for the nomination of candidates for town officers shall be held not later than the sixth Friday before the town election at which such officers are to be elected.
Source.
1979, 410:1. 1987, 299:5, eff. July 24, 1987.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:40 - Notice.

669:40 Notice. –
All town caucuses shall be called by a notice posted in 4 conspicuous places in the town and published in some newspaper, if there be any published in the town, 10 days or more before the day of the caucus. Such notice shall specify the place, day and hour of meeting, and the time during which the polls shall be open for the reception of ballots.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:41 - Checklists.

669:41 Checklists. –
The checklist for use at any caucus shall be prepared by the local executive committee of the party holding the caucus. Notice of the times when, and places where, the executive committee shall meet for the purpose of receiving evidence and suggestions as to the make-up of the checklist shall be included in the notice of the caucus.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:42 - Filing.

669:42 Filing. –
A candidate for nomination for office shall file his name, and a declaration of the office for which he is filing, with the clerk of the political party holding the caucus at least 5 days before the date of the caucus. The clerk shall prepare the ballots to be used for said caucus and no other ballots shall be used at said caucus.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:43 - Ballots.

669:43 Ballots. –
Voting at the caucus shall be by ballot. The committee shall have full power to regulate the form, size and character of the ballots to be used.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:44 - Additional Polling Place.

669:44 Additional Polling Place. –
Any caucus held under the provisions of this subdivision in a town which has voted to adopt the provisions for an additional polling place may be held at the central polling place in said town and also at said additional polling place. The local executive committee of the party holding the caucus shall prepare a checklist for each polling place. The polls at the additional polling place shall close one hour prior to the closing of polls at the central polling place and the ballot boxes from the additional polling place shall be taken to the central polling place where they shall be opened and counted.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:45 - Hours of Polling.

669:45 Hours of Polling. –
The time the polls shall be open at caucuses shall be fixed by the executive committee of the party in the town holding the caucus. In towns and wards having not more than 2,000 inhabitants, according to the last preceding national census, the polls shall be open not less than 2 hours, and, in those having more than 2,000 inhabitants according to such census, not less than 3 hours.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:46 - Additions.

669:46 Additions. –
No name shall be placed on the checklist after the hour for opening the caucus has arrived except the name of a person whose right to vote in the caucus is well known to the executive committee.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:47 - Challenge.

669:47 Challenge. –
When the right of any person to vote in a caucus is challenged, he shall subscribe to the following oath or affirmation before his vote shall be received: I, __________ , do solemnly swear (or affirm) that I am a legal voter in __________ , and that I intend to vote the ticket of the party holding this caucus at the next election.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:48 - Prohibited Acts.

669:48 Prohibited Acts. –
No person shall vote in any caucus unless his name is on the checklist used by said caucus except as provided in RSA 669:46. No person shall vote using the name of any other person; and no person shall vote in the caucus of more than one political party, or, having voted in the caucus of a political party, sign the nomination papers of any other political party for that election. No person shall vote in any caucus unless he intends to support the ticket of the party holding the caucus at the next election.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:49 - Plurality; Certificates of Nomination.

669:49 Plurality;  Certificates of Nomination. –
A plurality of votes shall be sufficient to nominate a candidate for town office by caucus. After the caucus, certificates of nomination shall be made and shall indicate the name and domicile of each candidate, the office for which he is nominated and the political principles or party he represents, and shall be signed by the chairman and clerk of the caucus or convention; and, when practicable, such certificates of nomination shall be signed by each candidate; but the absence of the signature of the candidate shall not invalidate a certificate of nomination.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:50 - Filing Nominations; Certificate of Regularity.

669:50 Filing Nominations;  Certificate of Regularity. –
In filing nominations with the town clerk, the presiding officer of the caucus shall certify that the caucus was called and conducted according to the provisions of this subdivision. If nominations are not accompanied by such certificate, they shall not be placed upon the official ballot.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:51 - Filing Checklists.

669:51 Filing Checklists. –
Within 48 hours after the close of any caucus, the presiding officer shall file with the town clerk the checklist used in the caucus; and the clerk shall keep the same for 60 days thereafter, in his office, open to the inspection of every citizen of such town, and shall not make nor permit to be made upon such checklist any mark whatever.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:52 - Nomination by Nomination Papers.

669:52 Nomination by Nomination Papers. –
As an alternative to nomination by party caucus, a candidate may have his name placed on a partisan town election ballot by submitting nomination papers. All the provisions of RSA 655:40-45 shall apply except that the duties performed by the secretary of state shall be performed by the town clerk. Fifty nomination papers shall be required for each town office for which a person files.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:53 - Penalty for Violations.

669:53 Penalty for Violations. –
Any person who shall violate any of the provisions of this subdivision shall be guilty of a misdemeanor. Any person who shall swear falsely in making oath under the provisions of this subdivision shall be guilty of perjury and punished accordingly.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:55 - Ballots.

669:55 Ballots. –
In the election of officers by unofficial ballot, the town clerk shall prepare and provide to the moderator pieces of white paper of uniform size and weight to be used as ballots; provided, however, that if more than one ballot is used during any town election, each ballot shall be of a different color than any other ballot used at the election. The ballots may, at the discretion of the clerk, have printed on them the names of the offices to be elected, such as "For Selectman," or "For Town Treasurer." However, no names of candidates shall be printed on the unofficial ballots.
Source.
1979, 410:1. 1991, 370:3, eff. Aug. 31, 1991.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:56 - Ballot Boxes.

669:56 Ballot Boxes. –
A suitable box shall be provided by the selectmen, at the expense of the town, in which to receive the ballots of the voters.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:57 - Conduct.

669:57 Conduct. –
Upon receipt of his ballot from the moderator, each voter shall write thereon the name of every person for whom he desires to vote. Each voter shall deliver his ballot to the moderator in open meeting; and the moderator, on receiving the ballot, shall direct the town clerk to check the name of the voter on the checklist, and shall, without inspecting the name of any person voted for, examine the ballot so far only as to determine whether the same contains more than one ballot; if it does not, he shall place the ballot in the ballot box; but if it does, he shall make it manifest to the meeting and reject the same unless the voter shall correct his ballot.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:58 - Counting.

669:58 Counting. –
When all votes have been cast, the moderator shall, in the open meeting, sort and count the votes. The selectmen and town clerk shall assist in sorting and counting the votes; but no other person shall in any manner interfere therewith. After the counting, the moderator shall make a public declaration of the number of ballots cast, with the name of every person voted for and the number of votes for each; and the town clerk shall make a fair record thereof in the books of the town. No ballot shall be received and counted after the votes have been declared.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:59 - Blank Votes.

669:59 Blank Votes. –
If several offices are to be voted for upon the ballot, no person shall be required to vote for all. Any ballot which does not contain at least one voter for each office shall be regarded as a blank for the office omitted. Blank pieces of paper shall not be counted as ballots.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:60 - Majority to Elect; Tie Vote.

669:60 Majority to Elect;  Tie Vote. –
In determining the results of any election by unofficial ballot, the whole number of persons voting for any office shall first be ascertained and then the vote for each candidate seeking said office. In order to win an office by unofficial ballot, a candidate must receive a majority of the votes cast for a certain office. In the case that more than one candidate receives a majority, the candidates with the largest majority of votes for the positions available shall be declared elected. In the event that 2 candidates receive an equal number of votes such that a winner cannot be determined, another balloting shall be taken.
Source.
1979, 410:1, eff. July 1, 1979.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:61 - Vacancies in Town Offices.

669:61 Vacancies in Town Offices. –
I. Whenever a vacancy as defined in RSA 652:12 occurs in any elective town office or whenever a town neglects or refuses to fill an elective town office, said vacancy shall be filled by the action of that body or person authorized by law to appoint or elect such officer for a term ending upon the election and qualification of his successor, unless otherwise provided. Unless otherwise provided, at said next annual town election, the voters of the town shall then elect an officer for the full term provided by law or the balance of an unexpired term provided by law, as the case may be. If a town then refuses or neglects to fill said office, a vacancy shall be deemed again to exist.
II. Nothing in this section shall be deemed to empower a town to find that a vacancy exists, in the case of a contested election or recount, until the rendering of a final judgment by a court of competent jurisdiction or by the ballot law commission as to such contested election in accordance with RSA 652:12, V, or until the recount has been concluded.
III. For the purposes of paragraph I, and with respect to those offices elected by official, non-partisan ballot, the term "next annual town election" shall mean the next annual town election for which the nomination filing period, as set forth in RSA 669:19, begins subsequent to the occurrence of the vacancy. Any vacancy which occurs between the beginning of the filing period and the town election shall not be filled by official ballot until the annual town election the following year.
IV. The legislative body of a town may adopt or rescind the optional procedure in this paragraph for filling vacancies in elective town offices. If the authorized person or body does not make an appointment to fill the vacancy pursuant to paragraph I within 45 days after at least one legally-qualified person has applied in writing for such appointment, then upon the filing of a petition with the selectmen signed by the number of voters required under RSA 39:3 for the warning of a special town meeting, presented not less than 90 days before the next annual town meeting, the selectmen shall call a special election to fill the vacancy. The special election shall be subject to the provisions of RSA 39:3 and other applicable provisions governing town elections. The person elected at the special election shall serve for a term ending upon the election and qualification of his or her successor. Unless otherwise provided, at the next annual town election, the voters of the town shall elect an officer for the full term provided by law or the balance of an unexpired term provided by law, as the case may be. If the town then refuses or neglects to fill the office, a vacancy shall be deemed again to exist.
Source.
1979, 410:1. 1981, 520:4. 1994, 112:2. 2008, 267:1, eff. Aug. 25, 2008.
2023 New Hampshire Revised Statutes › Title LXIII - Elections › Chapter 669 - Town Elections › Section 669:62 - Moderator.

669:62 Moderator. –
Vacancies in the office of town moderator shall be filled by appointment made by the supervisors of the checklist of said town, or by the town selectmen, where no board of supervisors exists.
Source.
1979, 410:1, eff. July 1, 1979.