CHAPTER Bal 100 DEFINITIONS, ORGANIZATION AND PUBLIC
INFORMATION
PART Bal 101 PURPOSE AND SCOPE
Bal 101.01 Purpose
and Scope. The rules of this title
implement the statutory responsibilities of the
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PART Bal 102 DEFINITIONS
Bal 102.01 Terms
Used. As used in these rules, the
following term shall have the meaning indicated:
(a) "Commission" means the
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PART Bal 103 ORGANIZATION AND OPERATIONS
Bal 103.01 Organization.
The commission shall be organized in
accordance with RSA 665:1.
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Bal 103.02 Duties
and Responsibilities. The commission
shall have the duties and responsibilities set forth in RSA 665.
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PART Bal 104 PUBLIC
INFORMATION
Bal 104.01 Record
of Board Actions. Minutes shall be
kept of commission meetings and of official actions taken by the commission.
These minutes shall record those members who participate in each vote and shall
separately record the position of members who choose to dissent, abstain or
concur. Minutes of commission actions and other records which are not
confidential under RSA 91-A:3, II or RSA 91-A:5 shall
be public records and shall be available for inspection during the commission=s
ordinary office hours within 144 hours from the close of the meeting or vote in
question unless the 72 hour availability requirement of RSA 91-A:3, III is
applicable.
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Bal 104.02 Custodian
of Records. The secretary of state shall be the custodian of the commission’s
records and shall respond to requests to examine those records which are
subject to public inspection.
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Bal 104.03 Copies
of Records. Persons desiring copies
of commission records shall submit a request in writing which identifies as
particularly as possible the information being sought and agrees to pay a
copying fee of $.25 per page. If records are requested which contain both public and confidential
information, the commission shall delete the confidential information and
provide the remaining information.
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PART Bal 105 MEETINGS,
DELIBERATIONS AND DECISIONS
Bal 105.01 Meetings.
The commission shall meet as required by
statute, and at such additional time as are called for by the chairman or by
vote of the commission. In case any member of the commission is absent from any
meeting or unable to perform his or her duties or disqualifies himself or
herself as commissioner, an alternate member who shall have the same
qualification as those of the commissioner whose place he is temporarily
filling shall perform the duties of commissioner. In an emergency or with the
consent of the consent of the parties involved 2 commissioners may act on
behalf of the commission.
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PART Bal 106 APPOINTMENT OF COMMITTEES – RESERVED
CHAPTER Bal 200 PRACTICE AND PROCEDURE
PART Bal 201 INTRODUCTION AND DEFINITIONS
Bal 201.01 Purpose.
The commission conducts various
proceedings for the purpose of acquiring sufficient information to make fair
and reasoned decisions on matters within its jurisdiction.
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Bal 201.02 Failure
to Comply with Rules.
(a) The secretary of state shall refuse to accept
any document for filing which fails to comply with these Rules. The party
attempting to file the document shall either bring the document into compliance
and refile it or request the commission to waive its
rules. The commission shall grant the request if it finds that the failure to comply
with the rules is not substantive and that by granting the request no prejudice
will result.
(b) Failure to comply with the rules of this
chapter shall result in a conditional denial of the relief requested and if the
violation is not or cannot be cured shall result in the issuing of an order
adverse to the noncompliant person.
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Bal 201.03 Waiver
or Suspension of Procedural Rules. If
requested the commission shall grant a waiver of any requirement imposed by
this chapter if the commission finds that good cause exists. In determining
whether good cause exists the commission shall consider the magnitude of the
waiver, the reason and necessity for the waiver and the prejudice to other
parties.
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PART Bal 202 REPRESENTATIVES
Bal 202.01 Representatives.
(a) A person appearing before the commission may
be represented by an attorney or other representative.
(b) If the representative is not an attorney, the
party and the proposed representative must sign a statement authorizing the
representative to act on behalf of the party.
(c) The commission shall, after notice and
opportunity for hearing, prohibit or restrict an individual from acting as a
representative upon a finding that the individual has engaged in willful
misconduct relating to representation before the commission which would be
sanctioned by a court if committed by an attorney appearing before the court.
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PART Bal 203 TIME PERIODS
Bal 203.01 Computation
of Time. Any time period specified
in this chapter shall begin with the day following the act, event, or default,
and shall include the last day of the period, unless it is Saturday, Sunday, or
state legal holiday, in which event the period shall run until the end of the
next day which is not a Saturday, Sunday, or state legal holiday. When the period
prescribed and allowed is less than 7 days, intermediate Saturdays, Sundays,
and state legal holidays shall be excluded from the computation.
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Bal 203.02 Change
in Allowed Times. Except where a
time period is fixed by statute, the commission shall, upon motion or upon its
own initiative, enlarge or shorten the time provided for the filing of any
document, or advance or postpone the time set for any oral hearing, prehearing
conference, or other activity if the commission finds that good cause exists. In determining whether good cause exists the
commission shall consider the magnitude of the waiver, the reason and the
necessity for the waiver and the prejudice to other parties.
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Bal 203.03 Limitations.
A motion to change time shall not be filed within 3 business days of the event
in question.
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PART Bal 204 FILING AND SERVICE OF DOCUMENTS
Bal 204.01 Filing
of Documents with the Board.
(a) A document shall be considered filed when it
is actually received at the secretary of state’s office and conforms to the
requirements of this chapter. A document tendered for filing which is patently
and facially in violation of the commission's rules shall be returned to the
sender and not accepted for filing.
(b) All correspondence to the commission shall be
addressed to the ballot law commission in
(c) All documents filed shall be filed with an original and 5 copies.
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Bal 204.02 Subscription
and Veracity of Documents.
(a) All complaints, petitions, motions, and
replies filed with the commission shall be signed by the proponent of the
document r, if the party appears by a representative, by the representative.
(b) The signature on a document filed with the
commission shall constitute a certification that:
(1) The signor has read the document;
(2) The signor is authorized to file it;
(3) To the best of the signor's knowledge,
information, and belief, there are good grounds to support it and the factual
allegations contained therein are truthful; and
(4)
The document has not been filed for purposes of delay or harassment.
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Bal 204.03 Service
of Documents.
(a) Complaints shall be filed with the commission
with copies of the complaint being served on persons reasonably believed to
have interests adverse thereto and on the moderator and clerk of the town, city
or voting district involved, if any.
(b) Applications, petitions for rulemaking and
petitions for declaratory rulings shall be filed with the commission without
service upon other persons.
(c) Copies of All motions, replies, exhibits,
memoranda, or other documents filed in an adjudicatory proceeding shall be
served by the proponent upon all parties to the proceeding.
(d) Service of documents shall be made as follows:
(1) A copy of the document shall be deposited in
the United States mails, first class postage prepaid, addressed to the last
address given to the commission by the party being served, no later than the
day the document is filed with the commission; or
(2) A copy of the document shall be delivered in
hand on or before the date it is filed with the commission; or
(3) Such other means as the commission shall
order.
(e) All notices, orders, decisions or other
documents issued by the commission in the course of an adjudicatory proceeding
shall be served by the commission upon all parties to the proceeding by either:
(1) Depositing a copy of the document, first class
postage prepaid, in the United States mails, addressed to the last address
given to the commission by the party being served; or
(2) Delivering a copy of the document in hand to
the party.
(f) When a party has appeared by a representative,
service shall be upon the representative unless otherwise ordered by the
commission. Provided, however, that timely service which is
actually received by a party shall be sufficient regardless of whether the
party's representative was also served.
(g) All documents filed with the commission, and
required to be served upon the parties to an adjudicatory proceeding, shall be
accompanied by a certificate of service, signed by the person making service,
attesting to the method and date of service, and the persons served.
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PART Bal 205 PLEADINGS, COMPLAINTS AND MOTIONS
Bal 205.01 Pleadings.
(a) All petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner's
representative, if any;
(3) A concise statement of the facts which warrant
the relief requested from the commission;
(4) The description of the action which the
petitioner wishes the commission to take; and
(5) A citation to any statutes, rules, orders, or
other authority which entitles the petitioner to have the commission act as
requested.
(b) All replies to complaints and petitions shall
contain:
(1) The name and address of the respondent;
(2) The name and address of the representative of
the respondent, if any;
(3) A statement admitting or denying each fact
alleged in the petition;
(4) A statement admitting or denying the authority
identified by the petitioner;
(5) A concise statement of any additional or
different facts which warrant the commission acting in the manner requested by
the respondent;
(6) A citation to any statutes, rules, orders or
other authority, not identified in the petition, having a bearing upon the
subject matter of the petition; and
(7) A description of the action which the
respondent wishes the commission to take.
(c) Replies shall be filed within 15 days from the
date of the petition unless otherwise ordered by the commission because of
statutory time constraints, emergency or agreement of the parties.
(d) Any fact contained in the petition which is
not denied in the reply shall be deemed admitted by the respondent. A statement
that the respondent lacks sufficient knowledge to admit or deny shall be
treated as a denial. The petitioner shall be presumed to deny all allegations
in the objection, and no response shall be required to the reply.
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Bal 205.02 Motions
and Objections Thereto.
(a) Unless presented during an oral session of a
proceeding, all motions and objections shall be in writing.
(b) All motions shall state clearly and concisely:
(1) The purpose of the motion;
(2) The relief sought by the motion;
(3) The statutes, rules, orders, or other
authority authorizing the relief sought by the motion; and
(4) The facts claimed to constitute grounds for
the relief requested by the motion.
(c) Objections to motions shall state clearly and
concisely:
(1) The reason for the objection;
(2) The action which the party filing the
objection wishes the commission to take on the motion;
(3) The statutes, rules, orders, or other
authority relief upon in defense of the motion; and
(4) Any facts which are additional to or different
from the facts stated in the motion.
(d) An objection to a motion shall specifically
admit or deny each fact contained in the motion. Failure to deny a fact
contained in a motion shall constitute the admission of that fact for the
purposes of the motion. In the event a party filing an objection to a motion
lacks sufficient information to either admit or deny a fact contained in the
motion, the party shall so state, specifically identifying such fact.
(e) Motions shall be decided upon the writings
submitted without a formal hearing unless a hearing is expressly requested by
one of the parties or the commission finds that oral arguments would assist the
commission in reaching a decision due to the complexity of legal or factual
issues. Repetitious motions shall not be submitted.
(f) Objections to motions shall be filed within 10
days after the filing of the motion. Failure to object to a motion within the
time allowed shall constitute a waiver of objection to the motion.
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PART Bal 206 ADJUDICATIVE PROCEEDINGS
Bal 206.01 Applicability.
This part shall govern all proceedings
conducted by the commission except rulemaking and declaratory judgment
proceedings.
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Bal 206.02 Commencement.
(a) The commission shall commence an adjudicative
proceeding by issuing a notice to the parties at least 15 days before the
hearing date.
(b) The notice commencing an adjudicative
proceeding shall:
(1) Identify the parties to the proceeding as of
the date of the order;
(2) Specify a deadline
for the submission of petitions to intervene or statements by complainants that
they intend to participate as a party;
(3) Give notice of the issues to be resolved;
(4) Specify the date, time, and location of the
hearing; and
(5) Contain such other information as the
circumstances of the case may warrant including, but not limited to orders
consolidating or severing issues in the proceeding with other proceedings, and
orders directing the production of documents.
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Bal 206.03 Docketing,
Service of Notice, Public Notice.
(a) The commission shall assign each adjudicatory
proceeding a docket number, and serve the hearing notice upon all parties to
the proceeding and the commission's legal counsel in the civil bureau,
department of justice. The hearing
notice shall be served upon the respondent, and the complainant, if any, by
means of regular mail.
(b) Service of all subsequent orders, decisions
and notices issued by the commission, including any amendments to the hearing
notice, shall be served upon the parties or their representatives, including
any intervenors, by regular mail.
(c) Orders, notices, and decisions of the
commission, and motions, memoranda, exhibits, and other documents and data
submitted to the commission in a docketed case shall be kept in a docket file
and made available for public inspection in the commission's office except to the
extent that confidentiality has been otherwise provided for by law.
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Bal 206.04 Intervention.
Petitions for intervention shall be considered in accordance with RSA 541-A:32.
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Bal 206.05 Right
to Counsel. Any party in an
adjudicative proceeding may be represented by counsel, but an attorney
appearing on behalf of a party shall first file a letter announcing the fact of
representation at the earliest date practical. Parties shall retain counsel at
their own expense and requests for appointment of counsel shall not be
entertained.
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Bal 206.06 Prehearing
and Other Informal Conferences.
(a) At any time following the commencement of an
adjudicative proceeding, the presiding officer shall direct all interested
parties to attend one or more prehearing conferences to narrow issues and to
aid in the disposition of the proceeding if the presiding officer determines
that the hearing will involve complex legal or factual issues.
(b) There may be considered at a prehearing
conference:
(1) Opportunities and procedures for settlement;
(2) Opportunities and procedures for
simplification of the issues;
(3) Possible amendments to the pleadings;
(4) Possible admissions of fact and of documents
to avoid unnecessary proof; and
(5) Possible limitations on the number of witnesses.
(6) Any other matters which aid in the disposition
of the proceeding.
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Bal 206.07 Subpoenas.
(a) Subpoenas for the attendance of witnesses at
or the production of evidence at hearings shall be issued upon the order of the
commission or by a justice of the peace in accordance with RSA 665:11. A party
requesting the commission to issue a subpoena shall attach a copy of the
proposed subpoena to its motion. The motion shall be granted if the commission
determines that issuing the subpoena will assist it in making its decision. If
the motion is granted, the requesting party shall be responsible for the
service of the subpoena and payment of any applicable witness fee and mileage
expenses.
(b) The person to whom the subpoena is directed
may, within 7 days after service of the subpoena, or before the date specified
in the subpoena for compliance therewith, whichever is later, file a motion to
quash or modify the subpoena. If the commission denies the motion to quash or
modify, in whole or in part, the person to whom the subpoena is directed shall
comply with the subpoena, or any modification thereof, within the balance of
time prescribed in the subpoena, not considering the elapsed time between the
filing of the motion to quash or modify and the service of the ruling thereon.
(c) A subpoena shall be served in the manner
authorized for service of subpoenas in the
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Bal 206.08 Evidence.
(a) Proceedings shall not be conducted under the
rules of evidence, but the evidentiary privileges recognized by the law of
(b) All data which will reasonably assist the
commission arrive at the truth shall be admissible, but data which is
irrelevant or immaterial unduly repetitious or cumulative shall be excluded.
(c) If the commission officially notices a fact,
it shall so state, and permit any party, upon timely request, the opportunity
to show the contrary.
(d) Witnesses appearing before the commission
shall testify under oath or affirmation.
(e) The commission shall cause a tape recording or
stenographic record to be made of hearings and prehearing conferences. This
record shall be transcribed upon the request a party who pays the estimated
cost of transcription in advance.
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Bal 206.09 Burden
of Proof.
(a) The party asserting the affirmative of a
proposition shall have the burden of proving the truth of that proposition by a
preponderance of the evidence.
(b) Without limiting the generality of paragraph
(a), above, all moving parties and all petitioners shall have the burden of
persuading the commission that their motion or petition should be granted.
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Bal 206.10 Methods
of Proceeding. The method of
proceeding under this part shall be determined as follows:
(a) Where facts material to the subject matter of
the proceeding are in dispute, the proceeding shall, consist of a trial-type
evidentiary hearing with the subsequent submission of memoranda;
(b) Where there are no disputes of facts material
to the subject matter of the proceeding, the proceeding shall be limited to the
submission of memoranda or oral argument;
(c) Oral argument, other than a brief opening and
closing statement, shall be permitted only when requested in a written motion
which demonstrates a substantial need for such a procedure; and
(d) An order scheduling a supplemental hearing may
be issued by the presiding officer or commission at any time prior to the
issuance of a final order in the proceeding.
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Bal 206.11 Inquiry
by Commissioners. The commissioners
may question witnesses and make such inquiry of witnesses, parties or counsel,
they believe appropriate.
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Bal 206.12 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party may submit proposed findings of fact
and conclusions of law, provided that each proposed finding states a fact or
conclusion of law that is essential to the issues to be decided by the
commission.
(b) The commission shall rule on each such
proposed finding.
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Bal 206.13 Ex
Parte Communications. Once a notice
of hearing has been issued in an adjudicatory proceeding, no party shall
communicate with any participating commission member, concerning the merits of
the case except upon notice to all parties and in accordance with the rules of
this chapter. Nor shall any party cause another person to make such
communications or otherwise engage in conduct prohibited by RSA 541-A: 36.
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PART Bal 207 PRESIDING OFFICERS – RESERVED
PART Bal 208 RECONSIDERATION AND STAY – RESERVED
PART Bal 209 CONSOLIDATION AND SEVERANCE – RESERVED
PART Bal 210 NONADJUDICATORY INVESTIGATIONS –
RESERVED
PART Bal 211 RULEMAKING
Bal 211.01 How
Adopted. A commission rule, or any
amendment or repeal thereof, shall be adopted after notice and opportunity for
a legislative-type hearing as provided by RSA 541-A:3 et seq.
Rules may be proposed by the commission acting on its own motion or the
commission may be requested to adopt, amend or repeal rules by motion.
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Bal 211.02 Petition
for Rulemaking. Any person may
request the commission to commence a proceeding for the purpose of adopting,
amending, or repealing a rule by filing a petition which contains:
(a)
The text of the proposed rule or a statement of the particular results intended
by the petitioner to flow from the implementation of the proposed rule;
(b) If the petitioner proposes to amend or repeal
an existing rule, an identification of the particular rule sought to be amended
or repealed; and
(c) Any data or argument the petitioner believes
would be useful to the commission in deciding whether to commence a rulemaking
proceeding.
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Bal 211.03 Disposition
of Petition. The commission shall
grant a petition to adopt, amend or repeal a rule if the proposal is consistent
with the election laws of the State of
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Bal 211.04 Commencement
of Rulemaking Proceeding. The
commission shall commence a rulemaking proceeding by following the procedures
set forth in RSA 541-A:3 et seq.
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PART Bal 212 WAIVER OF SUBSTANTIVE RULES – RESERVED
PART Bal 213 DECLARATORY RULINGS
Bal 213.01 Petitions.
(a) Any person may request a declaratory ruling
from the commission on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Bal
205.01(a).
(b) Such a petition shall also set forth the
following information:
(1) The exact ruling being requested;
(2) The statutory and factual basis for the
ruling, including any supporting affidavits or memoranda of law;
(3) A statement as to how and why the issuance of
a ruling on this subject would benefit the petitioner, other interested
persons, and the public at large; and
(4) The identity, including mailing addresses when
reasonably available, of specific persons whose interests would be affected by
the issuance or non-issuance of the ruling in question.
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Bal 213.02 Action
on Petitions.
(a) If examination of a petition for declaratory
ruling reveals that other persons would be substantially affected by the
proposed ruling, the commission shall require service of the petition on such
persons and advise them that they may file a reply pursuant to Bal 205.01(b).
(b) The petitioner and any persons served with
notice of the petition shall provide such further information or participate in
such evidentiary or other proceedings as the commission may direct after
reviewing the petition and any replies received.
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CHAPTER Bal 500 ETHICAL STANDARDS AND DISCIPLINARY
ACTIONS – RESERVED
CHAPTER Bal 600 RULES AND REGULATIONS FOR VOTING
MACHINES AND DEVICES, ETC.
PART Bal 601 SCOPE
Bal 601.01 Scope. The rules of this chapter govern the use of
voting machines approved by the ballot law commission for elections conducted
in the State of
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PART Bal 602 ELECTION OFFICIALS
Bal 602.01 Duties.
(a) The city or town clerk shall be the custodian
of the voting machines or devices in said city or town. The clerk shall have
custody of keys and/or one master key for clearing the machines. The clerk
shall instruct all election officials prior to an election as to their duties
relative to voting. The clerk shall have the voting machines or devices and all
necessary fixtures and appliances at the proper polling places before the time
fixed for opening the polls.
(b) The moderator of each ward or town shall
designate the duties of the election officials of said ward or town insofar as
the voting machines or devices are concerned.
(c) The selectmen of each town and the governing
body of each city shall designate and define the duties of election officials
with respect to preparation, programming, and sealing of voting machines or
devices prior to each election.
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Bal 602.02 Write-in
Votes. Write-in votes shall be
provided for in every election contest. Whenever more than one candidate is to
be elected in any contest and the casting of a write-in vote for a candidate
whose name is on the machine for that contest could enable a voter to vote more
than once for a candidate whose name is on the machine the write-in vote shall
not be counted.
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Bal 602.03 Number
of Machines Required. There shall be
furnished at least one machine for every 600 qualified voters or fraction
thereof in excess of 100 whose names are upon the checklist in said ward or
town at the closing of said list prior to the election.
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PART Bal 603 PREPARATION OF VOTING MATERIALS
Bal 603.01 Ballots.
(a) All ballots provided for voting machines and
devices shall be printed in black ink on clear, white material, of such size as
will fit the ballot label frame, and in as plain, clear type as the space will
reasonably permit. The face of the ballot and/or ballot label shall be
completely covered with a protective covering of smooth, hard, transparent
material so that it shall be impossible to alter the face of the ballot label
without removing or breaking such covering.
(b) At the state general election the ballots
and/or ballot labels shall have at the top of each column or on the left side
of the row, whichever is applicable, the name of the political party by which
the candidates in such column were nominated. Above the party designation shall
be placed an emblem or device designating the political party assigned to that
column. The ballot shall also be so designed that the voter may vote a straight
ticket.
(c) For a state or presidential primary election
the name of the political party shall appear but not the party emblem.
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Bal 603.02 Ballot
Diagrams - Sample Ballots. The
secretary of state shall prior to the election prepare sample ballots. Such
sample ballots shall be designed in the form of a diagram showing such part of
the face of the voting machine or device as shall be in use at the election and
containing suitable illustrated directions for the use of the machine. The
secretary of state shall examine said sample ballots and if he approves the
same he shall provide and furnish such ballot to the city or town clerk.
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Bal 603.03 Absentee
Ballots. Absentee ballots shall be
prepared in the same manner as paper ballots.
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PART Bal 604 PRE-ELECTION PROCEDURE
Bal 604.01 Exhibition
Machines. The designated election
officials shall specify suitable and adequate times and places where voting
machines or devices containing sample ballots shall be exhibited for the
purpose of giving instructions as to the use of voting machines or devices to
all voters who apply for same. No voting
machine or device which is to be used in an election shall be used for such
instructions after having been prepared and sealed for the election. During
public exhibition of any voting machine or device for instruction purposes, the
counting mechanism shall be concealed.
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Bal 604.02 Zeroing
and Sealing Machines.
(a) The designated election officials responsible
for the preparation, programming, and sealing of voting machine or devices
shall seal said voting machines and devices after resetting each registering
counter back to zero. The sealing and
resetting shall be done in the presence of representatives of political parties
defined under the terms of RSA 652:11 who wish to attend after having received
written notice of the time, place and date that said voting machines or devices
are to be sealed.
(b) When a voting machine or device has been
prepared for election, it shall be locked against voting and sealed and the
keys shall be retained by the designated election officials. After the voting
machine has been transferred to the polling place, it shall be the duty of the
designated election official to provide protection against molestation,
tampering or injury to the machines or devices.
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Bal 604.03 Arrangement
of
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PART 605 ELECTION DAY MORNING PROCEDURE
Bal 605.01 Sealing
Keys and Examining Machines.
(a) The keys to the voting machines shall be
delivered to the moderator at least one hour before the time set for opening
the polls. The keys shall be in a sealed envelope on which shall appear the
number and location of the machine, the number of the seal, and the number
registered on the protective counter or device as reported by the custodian.
(b) The envelope shall not be opened until at
least one inspector of election from each of the political parties is present
at the polling place and shall have examined the envelope to see that it has
not been opened. Prior to opening the envelope, all election officials present
shall examine the number on the seal on the machine and the number registered
on the protective counter to see if they are the same as the corresponding
numbers on the envelope.
(c) In the event that they are not the same, the
machine shall not be opened until the custodian shall be re-examined the
machine and certified that it is properly arranged.
(d) In the event that the numbers on the seal and
protective counters are found to correspond with the numbers on the envelope,
the election officials shall carefully examine every counter and see that it
registers zero.
(e) In the event that any counter is found not to
register zero, that machine shall be disqualified from use until the designated
election officials have determined and certified that the machine in question
has been fully tested and rendered operational and in compliance with all
election statutes guaranteeing the accuracy of the machines.
(f) The machine or device shall remain locked
against voting until the polls are formally opened and shall not thereafter be
operated except by voters in voting.
Source.
#6263, eff 6-7-96
Bal 605.02 Posting
Election Materials.
(a) Prior to the opening of the polls, all the
materials required to be posted in RSA 658 shall be posted as provided by law.
The sample ballots to be posted shall be a facsimile of the voting machine
layout which voters will face when voting at the voting machine.
(b) In addition to these materials, a copy of
these rules shall be posted prominently outside the guardrail in each and every
polling place in which voting machines are used.
(c) A list of the offices for which write-in
voting shall be restricted pursuant to Bal 602.02 shall be posted outside the
guardrail with the sample ballots and inside each voting booth along with the
instructions to voters.
(d) The instructions required by (c) above shall
clearly state as follows:
"TO
PREVENT DOUBLE-VOTING FOR A CANDIDATE, WRITE-IN VOTES FOR CANDIDATES WHOSE
NAMES APPEAR ON THE VOTING MACHINE FOR AN OFFICE WILL NOT BE COUNTED FOR THE
FOLLOWING OFFICES: (followed by a list of the offices for which the restriction
applies)"
Source.
#6263, eff 6-7-96
PART Bal 606 ELECTION DAY PROCEDURE
Bal 606.01 Conduct
of Voting.
(a) Voters offering to vote shall be checked in at
the incoming checklist and proceed to the voting booth as they would with paper
ballots.
(b) In primary elections, a voter, after having
been properly identified as to party affiliation by the election officials and
after his name has been checked as then on the checklist for that party, shall
be given an authority slip which shall be presented to the ward official who is
attending the voting machine or device. The
official shall then pull the primary control knob so that only the ballot for
the proper party may be voted.
(c) The authority slip shall be of different
colors for the different political parties. After voting, voters shall check
out in the same manner as in paper ballot communities.
Source.
#6263, eff 6-7-96
Bal 606.02 Inspection
of Machines. The election officer
attending the machine shall inspect the face of the machine after each voter
has cast his vote to see that the ballots on the face of the machine are in
proper places and that the machine has not been injured.
Source.
#6263, eff 6-7-96
Bal 606.03 Assistance
in Voting. The provisions of RSA
659:20 relative to assistance in voting to a voter who because of blindness or
other physical disability is unable to mark his ballot shall apply to voting by
voting machine.
Source.
#6263, eff 6-7-96
Bal 606.04 Damaged
Machines. In the event that any
voting machine or device used in any voting district during the time the polls
are open, become damaged or disabled so as to render it inoperative in whole or
in part, the election officials shall forthwith if possible, substitute a
perfect machine for the damaged one. At
the close of the polls, the votes shown on the counters of each machine shall
be added together in ascertaining the results of the election. In the event that no other machine can be
prepared forthwith for use at such election and the damaged one cannot be
repaired in time, the provisions of RSA 658:35 shall apply.
Source.
#6263, eff 6-7-96
Bal 606.05 Closing
Polls and Counting Votes.
(a) As soon as the polls are closed, the moderator
shall immediately lock and seal the voting machine or device against voting.
The moderator shall sign a certificate stating that the moderator has done so,
also stating the number of votes shown on the public counter, the number on the
seal, and the number registered on the protective counter.
(b) The moderator shall then read and announce in
audible tones the vote recorded for each candidate as well as the vote recorded
on each question. The keys of the machine, if applicable, shall be enclosed in
an envelope on which shall be written the number of the machine and the name of
the voting district and date it has been used. The envelope shall be securely sealed,
endorsed by the moderator and clerk, and delivered to the custody of the city
or town clerk. The number on the seal and the number on the protective counter
shall be written the envelope containing the keys.
(c) All keys for voting machines shall be kept
securely locked. The voting machines or devices after an election shall be in
the custody of the city or town clerk and shall be opened only by order of the
secretary of state or of the ballot law commission, or of a court of competent
jurisdiction, during the period when recounts may be requested and held.
(d) Absentee ballots cast shall be counted and the
totals for each candidate shall be added to the number of votes for the same
candidates as taken from the count on the voting machines. After the absentee
ballots have been counted, the moderator shall place the ballots together with
all envelopes, opened or unopened, as provided by RSA 659:50-659:55 in suitable
containers as provided by RSA 659:95.
Source.
#6263, eff 6-7-96
PART Bal 607 POST ELECTION PROCEDURE
Bal 607.01 Recount.
When a recount is requested which
involves the votes in a city or town using voting machines, the secretary of
state shall personally or by his deputy inspect the machines and check the
counts. The opposing candidates for the nomination in question shall have the
right to be present when such inspection of the voting machines is held and
shall be notified of such right at the time they are notified as to the
inspection and recount.
Source. #6263, eff 6-7-96
Bal 607.02 Clearing
Machines. After the period for
requesting and conducting recounts is passed, the town or city clerk may clear
the voting machines. In the event that another election is to take place within
the period the machines are impounded for recounts, the town or city clerk may,
upon notice to the secretary of state, clear the machine within 10 days prior
to said next election.
Source.
#6263, eff 6-7-96
PART Bal 608 APPROVAL OF VOTING DEVICE
Bal 608.01 Approval.
Any person desiring to have the ballot
law commission approve the use of a voting machine or other device not
previously approved may submit a written application for approval to the
commission. The request shall include the name of the manufacturer, model
number and other information to identify the device. The commission shall
approve the request following a public hearing if the commission finds that
adequate safeguards have been provided to ensure the integrity of election
results and the machine or device complies with these rules and the election
laws of the State of
Source.
#6263, eff 6-7-96