[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.]
[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Supervisor of the Checklist, was repealed 11-2-2005 by election.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 Supervisors of the Checklist shall constitute a Board of
Supervisors of Elections of all the wards in the City. The Board shall
choose a Chairperson from its own membership.
[Amended 11-5-2005 by
election]
[Amended 9-5-1990, approved 11-6-1990 by election; 11-5-2005 by election]
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.
