Canvass and Declaration: State Primary Election
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.