[Amended 8-30-1995, approved 11-7-1995 by election; 8-9-2000, approved 11-7-2000 by election; 7-10-2002, approved 11-5-2002 by election; 11-5-2005 by election]
A. 
The election officers in each ward, whose duty it is to conduct regular biennial elections, shall conduct a nonpartisan municipal election, at the expense of the city, in the same manner as regular biennial state election, on the first Tuesday after the first Monday in November of each odd numbered year to choose Ward Councilors, Councilors at Large, Mayor and School Board Members.
[Amended 10-3-2007, approved 11-6-2007 by election.]
B. 
At all municipal elections, the polls shall be open as determined by the City Council in accordance with the provisions of the State RSA and specified in Chapter 17, Article I, Election Procedures, of the Municipal Code.
C. 
The polling place of the ward shall be fixed in accordance with the provisions of State RSA and specified in Chapter 17, Article I, Election Procedures, of the Municipal Code.
[Amended 8-9-2000, approved 11-7-2000 by election; 8-23-2001, approved 11-6-2001 by election; 7-10-2002, approved 11-5-2002 by election; 11-5-2005 by election; 11-2-2021 by election]
At each municipal election, the inhabitants of each ward shall choose three Selectpersons, a Clerk, a Moderator and a Supervisor of the Checklist, who, being duly sworn, shall perform and discharge respectfully the duties, in accordance with the provisions of State RSA and specified in Chapter 17, Article I, Election Procedures, of the Municipal Code, of said officers for said wards and shall hold office until their successors are duly elected and qualified. In case of any vacancy in said offices, in any ward, the City Council shall fill such vacancy at its first regular meeting after such vacancy shall occur. Appointees shall be from the same ward in which the vacancy exists and shall hold office for the unexpired term. The term of office shall be for a two year term.[1] In the event that the ward boundaries are redistricted or amended at any time during the term of office of said officers for said wards or in conjunction with the Municipal Election which may result in removing them from said ward, the elected officers for said wards shall be allowed to serve out their term as an officer of the Ward to which they are elected.
[1]
Editor's Note: See RSA 44:11.
[1]
Editor's Note: Former § C2-3, which dealt with the Supervisor of the Checklist, was repealed 11-2-2005 by election.
[Amended 11-5-2005 by election]
The Board of Supervisors of Elections shall perform the duties as outlined in accordance with the provisions of State RSA and specified in Chapter 17, Article I, Election Procedures, of the Municipal Code and § C2-11.
[Amended 9-5-1990, approved 11-6-1990 by election; 11-5-2005 by election]
The Board of Supervisors of Elections shall be in session in accordance with the provisions of State RSA and as specified in Chapter 17, Article I, Election Procedures, of the Municipal Code and § C2-11.
Persons who would be qualified to vote in a biennial state election, if held on the day of such municipal election, shall be qualified voters therein. Municipal elections hereunder shall be deemed elections within the meaning of all general statutes, penal and otherwise, and said statutes shall apply to municipal elections so far as consistent with this Charter.
[Amended 9-25-1985, approved 11-5-1985 by election; 9-5-1990, approved 11-6-1990 by election; 8-9-1995, approved 11-7-1995 by election]
All persons qualified to vote in municipal elections wishing to become candidates for any municipal office to be voted on at the next election shall file, in writing with the City Clerk, their declaration of candidacy, indicating the office for which they are filing. The filing of a declaration of candidacy shall be no earlier than 60 days before the election and shall be not later than 4:00 p.m. of the 45th day before the election.
The City Clerk shall prepare separate ballots to be used at all elections at which municipal officers are chosen. The ballot shall contain in appropriate sections the names of all candidates, listed in the order of their filing for office in accordance with § C2-8 of this Charter, without party designation. Below the list of names of the candidates for 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.
[Amended 9-25-1985, approved 11-5-1985 by election]
Any legal voter of said city who is absent from said city on the day of the election of municipal officers or who, by reason of physical disability, is unable to vote in person may vote at said election by a so-called absentee ballot. The provisions of RSA 657, so far as applicable hereto and not inconsistent herewith, shall apply to such absentee voting in said city.
[Amended 2-12-2003, approved 11-4-2003 by election]
A. 
Within seven days after an election, the Board of Supervisors of Elections shall canvass the votes cast, and the candidates receiving the highest number of votes for the offices to be filled shall be declared elected, and the Board shall forthwith certify the results of the election to the City Council.
B. 
Within seven days of Election Day, a candidate may request in writing that a recount be conducted. Within 14 days of Election Day the Board shall conduct a recount of the contested offices. The recount shall be conducted in accordance with the same rules and procedures utilized by the Secretary of State of New Hampshire. No person shall be entitled to a recount unless the difference between the vote cast for that person and the vote cast for the candidate declared elected shall be 5 percent or less of the total vote so cast of such office. The person requesting the recount shall be charged the following fees: where difference is 1 percent or less — no fee; where difference is 3 percent or less — $20.00; where difference is 5 percent or less — $100.00. Said fee shall be paid to the City Clerk. Any person who has requested a recount, if declared elected by reason of said recount, shall be entitled to a full refund of the said fee. A tie vote shall be resolved by lot.
C. 
Challenges of Fraud and/or Misconduct: A candidate may petition the Board challenging an election based upon fraud and/or misconduct. The petition shall set forth the grounds and law relied on. A person shall have 10 days to request a hearing for fraud. The Board shall schedule a hearing no later than 30 days from the Election Day. Hearings shall be conducted in accordance with the Rules of the New Hampshire Ballot Law Commission, Adjudication Proceedings 206.01 through 206.13 and RSA 665:11 (eff. 01/01/2004). The candidate filing the petition shall have the burden of proof by a preponderance of the evidence. The Board may void an election if a finding is made that misconduct could have affected the outcome of the election.
[Amended 11-2-2021 by election]
[Amended 11-2-2021 by election]
All the ballots cast at each election in the several wards shall be preserved, and, after they shall have been counted, the Moderator shall deliver all the ballots given in to the Clerk of the ward, and the Clerk shall seal up said ballots, direct and deliver the same, together with the checklist used at such election, within one hour after the adjournment of such meeting to the City Clerk. Such ballots shall be preserved by the City Clerk for 30 days with the seals unbroken, except that they shall be subject during that time to the examination by the Board of Supervisors of Elections for the purposes of recount or contested election on the ground of fraud or misconduct.
[Amended 9-25-1985, approved 11-5-1985 by election; 2-12-2003, approved 11-4-2003 by election]
In addition to the provisions of RSA 659:43, persons as candidates for elective office or representing or working for a candidate for office may display or exhibit any campaign materials or paraphernalia next to any building where an election is being held, but may not under any circumstances distribute any campaign materials within the established ten foot wide corridor. The Moderator of each polling place used for the conduct of an election shall be responsible for maintaining the polling place free of campaign materials of any kind at all times. No person working in any capacity at or present within a polling place used for the conduct of an election shall wear or display in any manner any campaign material or paraphernalia on behalf of any candidate for office. No person shall affix to public property or display in any permanent form thereon any campaign material or paraphernalia on behalf of any candidate for office.