Title LXIII, Elections

If the officers charged with the duty of processing absentee ballots are cognizant of the fact that the voter has died prior to the opening of the polls, they shall not open the envelope containing the absentee ballot.

I. Processing of previously received absentee ballots shall begin at 1:00 p.m. unless a different time, that is no earlier than 2 hours after the opening of the polls, is posted and announced in accordance with paragraph II. The processing of the absentee ballots shall not unnece…

The moderator or the moderator's designee may authorize the opening of absentee ballot outer envelopes on election day prior to the time established for processing absentee ballots in RSA 659:49, provided that the opening of the outer envelopes occurs in public with notice of the…

I. The moderator shall begin processing absentee ballots by clearly announcing that he or she is about to open the envelopes which were delivered to him or her. The moderator shall then remove the envelope containing the ballots of each absentee voter and, for those absentee ball…

I. All absentee ballots are subject to challenge after the moderator publicly announces the name of the absentee voter, except for voters provided for in RSA 7:46, but not after the ballot is removed from the envelope. No challenge to an absentee ballot may be asserted except in …

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 p…

I. Except as provided in paragraph II, if the moderator finds that the absentee voter is not entitled to vote, the moderator shall not open the envelope containing the ballot and shall mark across the face of the envelope the reason the ballot is rejected, such as "rejected as no…

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.

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.

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 t…

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 th…

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.

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 ballots for which he or she is a candidate for an o…

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 chapte…

Except as provided in RSA 659:3, in all state elections, the voters present at the polling place may vote to keep the polls open until a later hour but may not vote to close the polls at an earlier hour than that prescribed in the warrant.

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.

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 beg…

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 th…

The counting and tabulation 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. In this section, "tabulation…

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 wi…

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 or digitally displays an image of all write-in votes as part of the device's report of votes cast, a moderator may use the printed or digitally di…

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 …

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 sa…

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.

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.

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.

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.

I. The election return forms shall be submitted on paper and electronically immediately after the completion of the vote count in the manner prescribed by the secretary of state. The return of votes shall include, but not be limited to: (a) The name of each candidate printed on t…

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.

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 ot…

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.

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 retu…

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 sha…

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 cler…

The hours of polling at any additional polling place shall be the same as those at the central polling place as provided in RSA 658:16.

If a town or ward clerk shall knowingly make a false election return, he shall be guilty of a class B felony.

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 o…

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.

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.

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…

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 …

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 a…

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.

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 o…

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 …

It shall be the duty of the moderator to secure the observance of the provisions of the following sections relating to the conduct of voting.