40:1 Election. – Every 2 years commencing in 1978 or 1979, as applicable, a moderator shall be chosen by ballot, by plurality vote. The moderator so chosen shall assume office upon the adjournment of the regular town business meeting held in that year in accordance with RSA 39:1 or 39:2-a and upon qualification for […]
40:10 Optional Restriction on Reconsideration. – I. A town may, at any time during a meeting, and without notice in the warrant, vote to restrict reconsideration of any one or more votes previously taken at that meeting, or warrant articles previously considered at that meeting. No vote or article which has been restricted under […]
40:11 Consideration of Warrant Articles. – Every article included in a warrant for a town meeting shall be acted upon before final adjournment of the town meeting. Source. 1994, 197:2, eff. July 23, 1994. 2015, 129:1, eff. Aug. 11, 2015.
40:12 Definition. – In this subdivision "local political subdivision" means any local political subdivision of the state whose legislative body raises and appropriates funds through an annual meeting. Source. 1995, 164:1, eff. July 31, 1995.
40:13 Use of Official Ballot. – I. Notwithstanding RSA 39:3-d, RSA 40:4-e, or any other provision of law, any local political subdivision as defined in RSA 40:12 which has adopted this subdivision shall utilize the official ballot for voting on all issues before the voters. II. The warrant for any annual meeting shall prescribe […]
40:14 Method of Adopting Official Ballot Referendum Form of Meeting. – I. This subdivision may be adopted by any local political subdivision as defined in RSA 40:12. A 3/5 majority of those voting on the question shall be required to adopt this subdivision. Only votes in the affirmative or negative shall be included in […]
40:14-a Coordinating Certain Town and School District Elections. – To facilitate voting for future annual meetings, to reduce costs, and to best accommodate the voters of the town, the legislative body of a town, which has not adopted the official ballot referendum form of meeting, although the school district has adopted the official ballot […]
40:14-b Default Budget Determined by Budget Committee. – I. A local political subdivision which has adopted the official ballot referenda form of meeting pursuant to RSA 40:14 and has also adopted a municipal budget committee pursuant to RSA 32:14 may delegate the determination of the default budget to the budget committee instead of the […]
40:15 Additional Polling Place for Second Session Voting. – I. Any multi-town school district adopting the provisions of RSA 40:13 may vote to use additional polling places for the second session of the annual meeting. The additional polling places shall be the regular polling places for town or city elections in each member town […]
40:16 Legalization of Meetings. – When irregularities or procedural defects in the actions of a local political subdivision are discovered in a local political subdivision using the official ballot, the local political subdivision may, on the authority of the governing body, call a special meeting for the exclusive purpose of curing such defect according […]
40:2 Repealed by 1979, 410:2, II, eff. July 1, 1979. –
40:3 Pro Tem. – If the moderator is absent from any meeting or is unable to perform the duties of the office of moderator, a moderator pro tempore shall be appointed by the board of supervisors of the checklist of the town or ward, or by the selectmen of a town or ward where […]
40:3-a Assistant Moderator. – The moderator may appoint an assistant moderator, who shall take the oath of office in the same manner as the moderator and shall hold office at the pleasure of the moderator, and shall have all the powers and duties which the moderator has, subject to the control of the moderator. […]
40:4 Duties. – I. The moderator shall preside in the town meetings, regulate the business thereof, decide questions of order, and make a public declaration of every vote passed, and may prescribe rules of proceeding; but such rules may be altered by the town. II. (a) If the National Weather Service issues a weather […]
40:4-a Secret Ballot. – I. (a) At any meeting of a town with a population of more than 500, 5 voters who are present may make a request in writing prior to a vote by voice vote or division vote that the vote be taken by secret written ballot. Upon receiving such a request, […]
40:4-b Questioning a Vote. – When any vote, other than by ballot, declared by the moderator or other officer presiding shall, immediately and before any other business is begun, be questioned in writing or orally by 7 or more of the voters present, the moderator or other officer presiding shall retake the vote by […]
40:4-c Recount. – I. If any 10 voters of a town shall, before the expiration of 7 days from the date of an annual meeting or special meeting, apply in writing to the town clerk for a recount of the ballots given in at said meeting on any question, affecting said town only, legally […]
40:4-d Declaration of Results. – If, in the case of a recount of votes, it shall appear that the result of the vote on the question was other than as declared by the moderator, the board of recount shall declare the result found by it and shall, after 5 days from such declaration, if […]
40:4-e Use of Ballot for Town Meeting Articles. – No question submitted to voters at a town meeting or election pursuant to RSA 39:3-d shall be submitted by use of a question printed on the official ballot unless that form of submission is specifically authorized or required by law. Source. 1979, 445:2, eff. Aug. […]
40:4-f Checklist Update. – An updated checklist shall be used for all town meetings and elections as provided in RSA 669:5. Source. 1981, 571:3, eff. Sept. 4, 1981.
