Town of Derry, NH Article 2 Elections; Election Officials; Conduct of Elections

Section 2.1 Composition of Board of Election Officers.

[Amended 9-11-2012]

Eligible members of the Supervisors of the Checklist, the Moderator, the Town Clerk, and the Town Council shall constitute the Board of Election Officers. The Moderator shall be the Chairman. The Town Clerk shall serve as the Clerk of the Board. An “eligible” member shall be defined as someone who is not disqualified by state law.

Section 2.2 Moderator.

There shall be a Moderator of the Town who shall have all the powers and duties granted by this Charter and state law. The Moderator shall be elected at large at the regular Town election for a term of two years. The Moderator shall have the power to appoint all election officials except those which this Charter or state law requires to be elected or otherwise appointed. The Moderator shall determine whether all ballots from all polling places are to be counted in one or more locations. Vacancies in the office of Moderator shall be filled pursuant to state law.

Section 2.3 Supervisors of the Checklist.

(A) There shall be three Supervisors of the Checklist who shall hold office for six years (and until their successors are elected and qualified), elected on a staggered basis so that one Supervisor is elected every two years.

(B) Vacancies among the Supervisors of the Checklist shall be filled pursuant to state law. The person so appointed shall hold office until the vacancy for the unexpired term is filled at the next regular Town election.

(C) The Supervisors of the Checklist shall elect a Chairman for a term of two years.

Section 2.4 Duties of the Supervisors of the Checklist.

The Supervisors of the Checklist shall have such powers and duties as are specified under state law.

Section 2.5 Conduct of elections.

(A) The election officers, whose duty it is to conduct regular and special elections, shall conduct Town elections in accordance with state law. All elected Town officers shall be elected by use of the nonpartisan ballot system established by state law.

(B) The regular Town election shall be held on the second Tuesday in March in each year. The Town Council shall by ordinance establish other election dates, polling places and balloting hours.

(C) Persons who would be qualified under state law to vote in a biennial election in the Town if held on the day of a Town election shall be qualified to vote in the Town election.

(D) The filing period for candidates to be placed on the ballot for Town elections shall be 10 days, beginning on the seventh Wednesday before the Town election.

[Amended 3-12-2013]

Section 2.6 Preparation of ballots.

The Town Clerk shall prepare separate ballots to be used at all local referenda and at elections at which Town officers are chosen. The ballots shall contain in appropriate sections the names of all candidates in such order as permitted by state law, without party designation. Below the list of names of the candidates of each office there shall be as many blank spaces as there are offices to be filled at the election. No titles, military, professional or otherwise, shall accompany the name of any candidate on the ballot.

Section 2.7 Preservation of ballots.

All the ballots cast at each election shall be preserved, maintained, and sealed as required by state law.

Section 2.8 Contested elections.

(A) Any person for whom a vote was cast and recorded for any office at a Town election may, before the expiration of three days after the date of the election, apply in writing to the Town Clerk for a recount of the ballots cast for such office and shall pay to the Town Clerk the fee authorized by state law, for the use of the Town. The Town Clerk shall appoint a time for the recount not earlier than five days and not later than 10 days after the receipt of the application. If a recount is requested for a Town office, no person shall assume that office until the recount is completed.

(B) The recount shall be conducted by the Board of Election Officers acting as a Board of Recount. In compliance with state law, the members of the Board of Election Officers comprising the Board of Recount shall be the Town Clerk, the Moderator, and members of the Town Council, provided that all officers are eligible pursuant to RSA 669:32. The Board shall determine the results of any recount. Decisions of the Board in cases of contested elections shall be final, subject only to statutory appeals to the Superior Court.

[Amended 9-11-2012]

(C) Tied elections for any elected Town office shall be determined by lot in a manner decided by the Town Clerk in the presence of the candidates who are tied, if upon notice from the Clerk they elect to be present.

(D) If any 10 voters of the Town shall, before the expiration of seven days after the date of the regular Town election or special election, apply in writing to the Town Clerk for a recount of the votes on any ballot question affecting the Town only, the Clerk shall appoint a time and place for the recount, not earlier than five days nor later than 10 days after receipt of the application. The recount shall be conducted in accordance with state law. Applicants shall pay to the Town Clerk, for use of the Town, the appropriate fee as established by state law.

Section 2.9 Certification of election and appointment.

(A) Written notice of election or appointment to any Town office or board shall be mailed by the Town Clerk to the person elected or appointed within 48 hours after the appointment is made or the results of any vote are certified to the Town Council. If, within 10 days from the date of the notice, such person shall not take, subscribe to and file with the Town Clerk an oath of office, such neglect shall be deemed a refusal to serve and the office shall be deemed vacant, unless the Town Council shall extend the time in which such person may qualify.

(B) The removal from office in accordance with this Charter, with or without cause, of a person elected or appointed or otherwise chosen for a fixed term shall give no right of action for breach of contract.

(C) Except as otherwise provided by law, before entering upon the duties of office, every person elected or appointed to Town office shall take and subscribe to an oath of office as prescribed by law which shall be filed and kept in the office of the Town Clerk. Any oath required by this section may be administered by any officer qualified by law to administer oaths.

(D) All elected Town officials shall take office on the first Monday following their election and shall hold office until their successors are duly elected and qualified.