Committee Summary for Senate Election Law and Municipal Affairs (01/21/2025)

Bill/Time	Type	Title	Sponsor
SB42 00:03:00.159 - 8:22:02 AM	Public Hearing	relative to notice of death affidavits.	Gray, James(R)[C+]2024
SB44 00:13:00.920 - 8:32:02 AM	Public Hearing	relative to hand counts of ballots in elections.	Avard, Kevin(R)[C+]2024
SB46 00:43:20.640 - 9:02:22 AM	Public Hearing	enabling municipalities to allow land impacted by new construction or reconstruction to be eligible for current use valuation only after a no cut, vegetated buffer is established and maintained.	Ward, Ruth(R)[C+]2024

SB42: Senator Jim Gray, District 6 Support00:03:00.159 - 8:22:02 AM; Senator Gray introduced the bill, explaining that it requires beneficiaries of a transfer on death deed to file paperwork to ensure proper notification when a transferor passes away, addressing the issue of not knowing the status of the person.
SB42: Jim Madtown of Hudson Support00:03:48.000 - 8:22:50 AM; Jim Madtown from Hudson thanked Senator Gray for the bill, highlighting the issues with the current transfer on death deed statute that lacks a mechanism for municipalities to be notified of the beneficiary's passing. He emphasized the importance of accurate ownership information for tax and utility billing, and supported the bill as a technical fix to the problem.
SB42: Kate Horan, New Hampshire Association of Counties Support00:09:23.920 - 8:28:25 AM; Kate Horan, representing the New Hampshire Association of Counties, expressed full support for the bill. She mentioned that the registers of deeds worked with NHMA on the bill's language over the summer and encouraged the committee to move forward with it.
SB44: Senator Kevin Avard, District 12 Support00:13:00.920 - 8:32:02 AM; Senator Avard introduced SP44, which requires a hand recount of votes upon the request of 100 registered voters in a municipality using electronic vote counting machines. He shared a personal experience where a hand recount resulted in additional votes for both candidates, suggesting that it could provide assurance to voters about the accuracy of the count. He also mentioned being open to adjusting the number of required signatures for larger municipalities.
SB44: Dave Nelson, Dair Town moderator Information Only00:20:05.679 - 8:39:07 AM; Dave Nelson, the moderator from Derry, sought clarification on the applicability of the proposed legislation. He questioned whether the bill, which was indicated to apply only to state elections, would also extend to municipal or school district elections. He expressed concern that if it did, the request for a recount would need to be directed to the town or school district clerk rather than the Secretary of State.
SB44: Unidentified Speaker Information Only00:21:10.279 - 8:40:12 AM; The speaker echoed the chair's question about the deadline as it applies to primary elections, particularly regarding the preparation and transmission of UOCAVA ballots. They suggested that the deadline might need modification.
SB44: David Scanland, Secretary of State, and Aaron Hennessy, Deputy Secretary of State Oppose00:21:54.279 - 8:40:56 AM; David Scanland, the Secretary of State, along with Aaron Hennessy, appeared in opposition to Senate Bill 44. Scanland explained that cities and towns have the authority to decide whether to use ballot counting devices, and if they choose not to, they can hand-count ballots. However, the current law mandates that once a town decides to use a ballot counting device, it must use it for counting ballots. The proposed legislation would allow a recount upon the request of 100 registered voters, which Scanland found problematic as it would grant recount authority to cities and towns in addition to the Secretary of State. He highlighted the lack of uniform standards and trained individuals in the bill, which could lead to significant efforts for larger cities and towns. Scanland argued that this could interfere with the timely conduct of recounts and affect the integrity of ballots, urging opposition to the bill.
SB44: Linda Bundy, Antrim Oppose00:26:23.600 - 8:45:25 AM; Linda Bundy from Antrim opposed Senate Bill 44, stating it would cause confusion and delays in vote reporting. She noted that current laws already detail specific recount procedures and that the bill lacks provisions for the percentage difference between candidates' votes required for a recount. Bundy criticized the bill for not addressing payment for recounts and for placing an undue burden on election officials, potentially affecting volunteer recruitment. She urged the committee to vote the bill inexpedient to legislate.
SB44: Olivia Zinc, Franklin, Executive Director for Open Democracy Oppose00:28:24.360 - 8:47:26 AM; Olivia Zinc from Franklin and the Executive Director for Open Democracy opposed Senate Bill 44, arguing that only candidates should request recounts as per current law. She expressed concerns about the extended 15-day deadline for requesting recounts, which could affect election certification and ballot preparation for subsequent elections. Zinc also sought clarification on the bill's language regarding registered voters and suggested that the bill's provisions should be included in recount procedures rather than the ballot law commission's rules. She highlighted potential delays in voters knowing election outcomes and raised concerns about election integrity.
SB44: Al Fulchino, Hollis, NH Support00:30:42.679 - 8:49:44 AM; Al Fulchino from Hollis supported Senate Bill 44, noting that the bill had been tweaked by others and he was open to adjustments such as the 15-day recount deadline. He addressed concerns about educating hand counters by suggesting that New Hampshire could learn from other countries where hand counting is practiced. Fulchino emphasized the importance of transparency in elections, citing issues with machine coding being outsourced and the inability of towns to conduct hand counts to verify machine results. He argued that the bill would allow for better checks and balances in the election process and foster trust and respect for the sanctity of elections.
SB44: Liz Tentarelli, Manchester, President of the League of Women Voters of New Hampshire Oppose00:35:25.480 - 8:54:27 AM; Liz Tentarelli from Manchester and President of the League of Women Voters of New Hampshire opposed Senate Bill 44, warning against allowing groups of election deniers to usurp election results. She supported candidates requesting recounts but opposed the bill's provision allowing any group to delay results with a hand count. Tentarelli referenced a special committee on voter integrity that recommended against additional hand counts beyond existing audits. She questioned the accuracy of hand counts compared to machine counts, citing studies that showed higher error rates with hand counts. She urged the committee to focus on facts rather than empowering election deniers.
SB44: Dan Healey, Nashua, City Clerk and representing the New Hampshire City and Town Clerks Association Oppose00:40:05.520 - 8:59:07 AM; Dan Healey, the Nashua City Clerk and speaking on behalf of the New Hampshire City and Town Clerks Association, opposed Senate Bill 44. He reiterated concerns about the extended 15-day recount deadline and its impact on UOCAVA ballots and public results. He clarified that local recount requests should come to the town clerk, not the Secretary of State. Healey suggested clarifying the language regarding the 100 registered voters to specify the ward or municipality. He also addressed the accuracy of election results but noted that the issue of memory cards was not relevant to this bill.
SB46: Trisha Malo, Majority Caucus Director for the Senate Information Only00:43:20.640 - 9:02:22 AM; Trisha Malo introduced SP 46 on behalf of Senator Ruth Ward, explaining that the bill was filed at the request of a constituent. The bill aims to allow municipalities to permit land affected by new construction or reconstruction to be eligible for current use valuation, but only after establishing and maintaining a no-cut vegetated buffer. She mentioned the presence of the constituent and members of Dr. Dees to answer questions.
SB46: Tanya Support00:44:54.800 - 9:03:56 AM; Tanya expressed support for the bill and thanked Senator Ruth Ward for submitting it on her behalf. She explained that she had requested an amendment to the current use statute to include the Shoreland buffer for land maintained in compliance with the Shoreland Protection Act. Tanya highlighted the historical use of Shoreland properties for summer cottages and the minimal impact of such structures on groundwater flows. She emphasized the economic benefits of preserving undeveloped Shoreland and proposed a stewardship covenant to encourage preservation. Tanya also discussed the negative effects of new construction on Shoreland, particularly how foundations act as dams to subsurface flows, and advocated for allowing cottages built on posts within the 250-foot Shoreland protection zone to maintain the buffer's integrity and protect water quality.
SB46: Jason Stock, New Hampshire Timberland Owners Association Oppose00:52:03.440 - 9:11:05 AM; Jason Stock opposed the bill, stating that it does not align with the sponsor's intent and could lead to problematic variations in current use regulations across different towns. He emphasized the importance of the current use program as a statewide initiative for open space and land conservation, expressing concerns about the complexity that would arise from town-specific ordinances.
SB46: Norm Beres, Current Use Board Oppose00:53:41.960 - 9:12:43 AM; Norm Beres, who has served on the Current Use Board and as an assessor, opposed the bill. He argued that allowing towns to adopt the proposed changes would lower assessed values and create administrative challenges in tracking changes to buffers. He supported Jason Stock's point about the importance of maintaining the statewide consistency of the current use program.
SB46: Rob Johnson, New Hampshire Farm Bureau Federation Oppose00:54:42.319 - 9:13:44 AM; Rob Johnson opposed the bill on behalf of the New Hampshire Farm Bureau Federation, highlighting the significance of the current use program for farms and forests. He expressed concerns about the undefined terms 'new construction or reconstruction' and 'no-cut vegetated buffer,' suggesting that these could hinder land management practices like selective timber cutting and invasive species control.
SB46: Matt Ley, Public Policy Director for the Forest Society Oppose00:56:33.920 - 9:15:35 AM; Matt Ley, representing the Forest Society, opposed the bill, noting that the organization had advocated for the establishment of the current use program. He argued that the proposed changes would introduce confusion and administrative difficulties, undermining the effectiveness and simplicity of the current use program, which is crucial for preserving open space.

Gray, James(Chairman)(R)[C+]2024	Lang, Timothy(V Chairman)(R)[C+]2024	Perkins Kwoka, Rebecca(D)[D-]2024
Rochefort, David(R)	Long, Pat(D)