665:1 Organization. – I. There shall be a ballot law commission consisting of 5 members. Two members shall be appointed by the speaker of the house of representatives, one from each of the 2 major political parties in the state based on votes cast for governor in the most recent state general election. Two […]
665:10 Rules. – The commission shall have power to adopt and publish rules to govern its proceedings and to regulate the mode and manner of all hearings or proceedings before it. Said rules shall be published and made available at the office of the secretary of state. All hearings shall be open to the […]
665:11 Evidence. – In any hearing, the commission shall not be bound by the technical rules of evidence; but its findings must be supported by reliable, probative, and substantial evidence. A stenographic transcript shall be made of all oral testimony submitted to the commission; and such transcript together with the exhibits, ballots, and papers […]
665:12 Subpoenas; Oaths. – The commission shall have power to subpoena witnesses and administer oaths in any proceeding before it and to compel by subpoena duces tecum the production of any checklist, tally sheet, or other document or thing of any kind whatever. Source. 2003, 151:8, eff. Jan. 1, 2004.
665:13 Repealed by 2019, 346:157, VII, eff. July 1, 2019. –
665:14 Testimonial Privilege. – No witness in any proceeding before the commission shall be excused from giving testimony or producing documentary evidence upon the ground that such testimony or documentary evidence could tend to incriminate the witness; but, if the witness claims immunity hereunder, no such testimony or documentary evidence shall be used against […]
665:15 Perjury. – No person testifying before the commission shall be exempt from prosecution or punishment for any perjury committed by him or her in his or her testimony. Source. 2003, 151:8, eff. Jan. 1, 2004.
665:16 Appeal From Decisions. – There may be an appeal to the supreme court from the decisions of the ballot law commission made under RSA 665:8, II as provided in this section and not otherwise. Such appeal shall be filed with the clerk of the supreme court within 5 days after the decision of […]
665:17 Enforcement of Orders of Ballot Law Commission. – The superior court shall have jurisdiction in equity to enforce any order of the ballot law commission issued hereunder. Source. 2003, 151:8, eff. Jan. 1, 2004.
665:2 Alternate Member. – There shall be 5 members present in person at all meetings. 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 qualifications as those of […]
665:3 Political Contributions Prohibited. – No ballot law commission member shall make a contribution, as defined in RSA 664:2, to any candidate for office or political committee. Source. 2003, 151:8, eff. Jan. 1, 2004.
665:4 Compensation. – The commissioners shall receive such compensation for their services as shall be approved by the governor and council. All bills for supplies required by the commission, necessary expenses of the commissioners, and fees of witnesses summoned by the commission shall be paid by the state upon the approval of the governor […]
665:5 Hearing Date. – I. If necessary, the ballot law commission shall meet on the third Thursday of September in each general election year and the third Friday following the presidential primary election in order to hear and decide: (a) Written objections filed pursuant to RSA 665:6, I and II; and (b) Written appeals […]
665:6 General Duties. – The ballot law commission shall have jurisdiction in the following cases: I. When the nominations at the primary, as declared pursuant to RSA 659:86-89, are in apparent conformity with law, they shall be valid unless changed upon recount as provided by law or unless written objection to their conformity with […]
665:7 Filing Disputes. – The ballot law commission shall hear and determine disputes arising over whether nomination papers or declarations of candidacy filed with the secretary of state conform with the law. The decision of the ballot law commission in such cases shall be final as to questions both of law and fact, and […]
665:8 Appeals From Recounts. – The ballot law commission shall hear and determine appeals from recounts in the following cases: I. In case of a primary recount as provided in RSA 660:7-9-a, any person voted for upon the ballot of any party who, by declaration of the secretary of state upon recount, was not […]
665:9 Name on Ballot Disputes. – The ballot law commission shall hear and determine all disputes arising over the form of his or her name which a candidate designates to be printed on the state primary and state general election ballot, as provided in RSA 655:14-b. The decision of the ballot law commission shall […]
665:9-a Administrative Complaint Resolution. – The ballot law commission shall hear and resolve complaints of federal voting law violations, pursuant to the Help America Vote Act of 2002, Public Law 107-252, as provided in RSA 666:14. Source. 2003, 266:11, eff. Jan. 1, 2004 at 12:01 a.m.
