Recount laws in New Hampshire

From Ballotpedia
Jump to: navigation, search



Election Policy Logo.png
Election Information
Voting in 2023
Voter registration
Early voting
Absentee/mail-in voting
All-mail voting
Voter ID laws
State poll opening and closing times
Ballotpedia's Election Administration Legislation Tracker
Select a state from the menu below to learn more about its election administration.

An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in New Hampshire. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in New Hampshire.[1]

  • Does state law require automatic recounts?
    • No.
  • When must an automatic recount be completed?
    • There are no automatic recounts in this state.
  • Can a recount be requested?
    • Yes. The requirements, guidelines, and deadlines for requested recounts vary by requester, office, and election type, as described below.
  • Who pays for a requested recount?
    • The state, for recounts of statewide constitutional amendments. The requester, for all other recounts.
  • Is a refund available for requested recount costs?
    • Varies. For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome. Additional opportunities exist for recounts of specific offices, as described below.
  • Can a partial recount be requested?
    • No.

New Hampshire recount procedures

Automatic recount procedures

New Hampshire does not require automatic recounts.

Requested recount procedures

The requirements and guidelines for requested recounts vary by requester, office, and election type:

Candidate-requested recounts:

  • General elections:
“ Any candidate for whom a vote was cast for any office at a state general election may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate declared elected is less than 20 percent of the total votes cast in the towns which comprise the office to be recounted. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday following the election.[2] ”
—NH Rev Stat § 660:1 (2019)
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in favor of the requester, in which case any costs paid are refunded. If the recount does not change the election outcome, the requester may receive a refund if he or she lost by less than 1% of the total votes cast.[3]
  • State primary elections:
“ Any person for whom a vote was cast for any nomination of any party at a state primary may apply for a recount, provided that the difference between the votes cast for the applying candidate and a candidate of that party declared nominated is less than 10 votes or less than 1.5 percent of the total ballots cast in the primary for that party in the towns which comprise the office to be recounted. The application shall be made in writing to the secretary of state and shall be submitted no later than 5:00 p.m. on the Friday after the primary election.[2] ”
—NH Rev Stat § 660:7 (2019)
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in favor of the requester, in which case any costs paid are refunded.[4]
  • Presidential primary elections:
“ Any person receiving at least 9 percent of the votes cast in any party's presidential primary may apply for a recount. The application shall be made in writing to the secretary of state and shall be submitted no later than the Friday after the primary for a recount of all ballots cast for such nomination.[2] ”
—NH Rev Stat § 660:7 (2019)
The requester is responsible for costs associated with the recount unless the recount changes the election outcome so that the requester thereby qualified for federal funding or received at least one additional delegate, in which case any costs paid are refunded.[5]
  • Village district, town, and school board elections:
“ Any person for whom a vote was cast and recorded for any office at a town election may, no later than the Friday following the election, apply in writing to the town clerk for a recount of the ballots cast for such office, the clerk shall appoint a time for the recount not earlier than 5 days nor later than 10 days after the receipt of said application.[2] ”
—NH Rev Stat § 669:30 (2019)[6]
The requester is responsible for costs associated with the recount unless the recount changes the election outcome in favor of the requester, in which case any costs paid are refunded. If the recount does not change the election outcome, the requester may receive a refund if he or she lost by less than 1% of the total votes cast.[7]

Voter-requested recounts:

  • Statewide constitutional amendment elections:
“ Upon receipt of petitions of 100 voters made no later than the fourth Friday following the date of the election, the secretary of state shall recount the ballots cast on any question to amend the constitution if the proposal was adopted or failed by no more than one percent of the vote cast.[2] ”
—NH Rev Stat § 660:10 (2019)
The state is responsible for costs associated with the recount.[8]
  • County ballot measure elections:
“ Application for such recount shall be by written petition signed by at least 50 legal voters of said county presented to the secretary of state no later than the second Friday following the state general election.[2] ”
—NH Rev Stat § 660:12 (2019)
The requester is responsible for costs associated with the recount. State law does not mention the possibility of a refund.[9]
  • Local ballot measure elections:
“ Five legal voters of any city or town which has voted on any question other than constitutional amendments printed on the ballot at any state election as provided in RSA 663 may, no later than the second Friday after the election, petition the secretary of state for a recount of the votes cast upon said questions.[2] ”
—NH Rev Stat § 660:13 (2019)
The requester is responsible for costs associated with the recount. State law does not mention the possibility of a refund.[10]

For more information about recount procedures in New Hampshire, click here.

New Hampshire voting equipment

See also: Voting methods and equipment by state

New Hampshire uses paper ballot systems for its elections.[11][12]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ New Hampshire General Court, "660:1-16," accessed October 16, 2020
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ Justia, "NH Rev Stat § 660:6 (2019)," accessed Oct. 20, 2020
  4. ↑ Justia, "NH Rev Stat § 660:9 (2019)," accessed Oct. 20, 2020
  5. ↑ Justia, "NH Rev Stat § 660:9-a (2019)," accessed Oct. 20, 2020
  6. ↑ The link here provides the citation for the governance of town recount elections. Statutes regarding village district and school board elections both cite this statute when it comes to procedure.
  7. ↑ Justia, "NH Rev Stat § 669:31 (2019)," accessed Oct. 20, 2020
  8. ↑ Justia, "NH Rev Stat § 660:10 (2019)," accessed Oct. 20, 2020
  9. ↑ Justia, "NH Rev Stat § 660:12 (2019)," accessed Oct. 20, 2020
  10. ↑ Justia, "NH Rev Stat § 660:13 (2019)," accessed Oct. 20, 2020
  11. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed October 7, 2015
  12. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  13. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  14. ↑ A court may order a recount under Arizona law.
  15. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  16. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  17. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  18. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  19. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  20. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  21. ↑ No mention in state law.
  22. ↑ No mention in state law.
  23. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
v • e
Ballotpedia's 2020 Election Help Desk
General informationHelp desk logo notext.png
Disputed results
Presidential election
Absentee and mail voting
Absentee/mail-in voting: Eligibility • Request deadlines • Request requirements • Return deadlines • Signature and witness requirements • Life cycle of an absentee/mail-in ballot • Processing, counting, and challenging ballots • When can states begin processing and counting ballots • What happens if I vote by mail and want to change my ballot at a later date? • What happens if someone votes by mail and then tries to vote in person? • How do states protect and verify absentee/mail-in ballots? • How do election workers match signatures? • Do absentee/mail-in ballots take longer to count than in-person ballots? • Are results reported on election night coming from in-person or absentee/mail-in votes? • Do states report how many mail-in/absentee ballots are outstanding on election night? • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
Analysis, 2016-2018 • Counted ballots, 2016-2018 • Rejected ballots, 2016-2018 • Uncalled races, 2018
Election results certification
Disputing election results
Transition
Other
Voting in 2020
v • e
Ballotpedia
About
Executive: Leslie Graves, President • Gwen Beattie, Chief Operating Officer • Ken Carbullido, Vice President of Election Product and Technology Strategy • Michelle Robinson, Senior Product Manager, Education & School Boards

Communications: Alison Graves • Carley Allensworth • Abigail Campbell • Sarah Groat • Erica Shumaker • Caitlin Vanden Boom
External Relations: Andrew Heath • Moira Delaney • Hannah Nelson
Operations: Meghann Olshefski • Amanda Herbert • Mandy Morris • Caroline Presnell • Kelly Rindfleisch
Policy: Caitlin Styrsky • Audrey Bayne • Molly Byrne • Jon Dunn • Jimmy McAllister • Annelise Reinwald
Research: Josh Altic
Tech: Matt Latourelle • Ryan Burch • Kirsten Corrao • Beth Dellea • Travis Eden • Tate Kamish • Margaret Kearney • Eric Lotto • Trevor Pollo • Joseph Sanchez

Contributors: Scott Rasmussen
Editorial
Retrieved from "https://ballotpedia.org/wiki/index.php?title=Recount_laws_in_New_Hampshire&oldid=9005614"