Committee Summary for Senate Election Law and Municipal Affairs (02/04/2025)

Bill/Time	Type	Title	Sponsor
SB16 00:17:27.839 - 8:16:38 AM	Public Hearing	requiring municipalities to post a copy of election return forms on their websites and in public locations.	Gray, James(R)[C+]2024
SB103 00:19:39.799 - 8:18:50 AM	Public Hearing	relative to the number of polling stations that are available for certain towns.	Murphy, Keith(R)[B+]2024
SB104 00:39:30.760 - 8:38:41 AM	Public Hearing	requiring the performance of a machine count at the request of 10 residents who have cast a ballot in the election.	Avard, Kevin(R)[C+]2024
SB212 01:08:51.880 - 9:08:02 AM	Public Hearing	changing references from "votes" to "ballots" in the laws regarding elections.	Rochefort, David(R)
SB11 01:41:16.880 - 9:40:27 AM	Executive Session	relative to the allocation of electoral college votes.	Gannon, Bill(R)[C+]2024
SB16 2025-0239s 01:42:10.280 - 9:41:21 AM	Executive Session	requiring municipalities to post a copy of election return forms on their websites and in public locations.	Gray, James(R)[C+]2024
SB43 2025-0239s 01:47:18.760 - 9:46:29 AM	Executive Session	removing articles of clothing from the definition of electioneering.	Lang, Timothy(R)[C+]2024

SB16: Senator Keith Murphy, District 16 Support00:17:27.839 - 8:16:38 AM; Senator Keith Murphy introduced the bill, SB16, which aims to address long lines at polling places during presidential elections. He cited an example from last November's election where voters faced waits of over an hour, leading to some voters leaving without voting. The bill proposes that towns or cities must have at least one polling place for every 20,000 registered voters during presidential elections, unless a different plan is approved by the Secretary of State. The intention is to ensure voters have better access to voting.
SB16: Secretary of State Information Only00:19:32.159 - 8:18:43 AM; The Secretary of State indicated readiness to speak on the bill, though the content of his testimony is not provided in the transcript.
SB103: David Scanlin, Secretary of State Support00:19:39.799 - 8:18:50 AM; David Scanlin, the Secretary of State, spoke in support of Senate Bill 103. He highlighted that New Hampshire has both the smallest and largest polling places in the country, with the largest being a significant responsibility. He mentioned the high voter turnout in the last general election which led to long lines at polling places. Scanlin suggested that SB103 aims to reduce the number of voters at a single polling place by requiring additional polling places if the population exceeds a certain threshold, with an exception for towns that submit a plan to expedite voting. He noted that the proposed threshold of 20,000 voters might be adjusted and mainly affects a few towns, not cities which are already divided into wards. Scanlin also discussed other strategies like increasing the number of ballot counting machines and electronic poll books, and addressing parking and training issues to improve voter flow.
SB103: Tina Guilford, Derry Town Clerk Oppose00:28:20.120 - 8:27:31 AM; Tina Guilford, the Derry Town Clerk, opposed Senate Bill 103. She shared her extensive experience with elections in Derry, mentioning the town's use of one, two, and three polling places. Despite having ample resources like 22 poll pads, 28 registration stations, and 1,400 parking spots, she noted that traffic, particularly around the rotary, remains a significant issue. Guilford argued that having multiple polling places could lead to logistical challenges and increased costs for towns, especially since Derry's current setup allows for efficient voting with minimal wait times. She suggested that increasing check-in stations and addressing parking could be more effective solutions.
SB103: Dave Nelson, Derry Town Moderator Oppose00:32:51.039 - 8:32:02 AM; Dave Nelson, the Derry Town Moderator, also opposed Senate Bill 103. He endorsed the statements made by the Derry Town Clerk and emphasized the importance of ensuring a good voting experience. Nelson pointed out that traffic, not parking or technology, is the primary issue in Derry. He expressed doubts about the effectiveness of opening a second polling location due to potential logistical challenges and the limited availability of suitable alternative locations. Nelson suggested that while he is willing to take reasonable steps to expedite voting, he is concerned that the bill might lead to unnecessary costs and may not address Derry's specific issues effectively.
SB103: Dave Nelson, Derry Town Moderator Information Only00:32:51.039 - 8:32:02 AM; Dave Nelson from Derry continues to discuss the impact of adding a second polling place in Derry. He confirms the use of electronic poll books and devices, which have contributed to reducing wait times. He highlights that traffic flow remains the primary issue that the bill does not address, and he doubts that adding another location would solve this problem. He mentions that Derry hires police to manage traffic and suggests looking into a waiver option, although he is unsure if it would be granted. He concludes that if the bill passes as is, it would likely not affect Derry, but they would submit a plan to the Secretary of State for a waiver.
SB103: Senator Information Only00:35:00.440 - 8:34:11 AM; The Senator expresses being impressed by the number of volunteers helping in Derry and acknowledges their efforts in managing the voting process efficiently. They discuss the potential impact of the bill, noting that it does not address traffic issues, which are the primary concern in Derry. The Senator suggests that if the bill passes, Derry would likely submit a plan for a waiver, given their current effective management of the voting process.
SB103: Senator Information Only00:37:12.000 - 8:36:23 AM; The Senator discusses the implications of the bill on Derry, suggesting that if passed, Derry would not be affected due to their efficient voting process. They mention lines six and seven of the bill, indicating that Derry would submit a plan for a waiver to the Secretary of State if needed. The Senator expresses optimism about the waiver being granted based on the current wording of the bill.
SB104: Senator Kevin Avard, District 12, Prime Sponsor Support00:39:30.760 - 8:38:41 AM; Senator Kevin Avard introduces Senate Bill 104, which requires a machine count at the request of 10 residents who have voted in the election. He mentions the current random audits conducted by the Secretary of State and explains that the bill aims to give residents a say in requesting audits of their polling machines. He is open to amendments regarding the number of required voters and addresses the difference between this bill and another related to hand counts, emphasizing the need for a timely audit process if enough signatures are collected.
SB104: Senator Information Only00:42:37.800 - 8:41:48 AM; The Senator questions the timeline and process of the bill, asking if the request for a machine count needs to be verified before 10:00 a.m. on Election Day. They express concerns about the potential for two people to overturn a governing body's decision on machine authorization and clarify the number of required voters, which Senator Avard corrects to 10. The Senator also inquires if allowing a person to request a hand count of their ballot would satisfy the bill's intent, to which Senator Avard responds that it is already allowed under certain conditions.
SB104: David Scanlan, Secretary of State Oppose00:46:07.640 - 8:45:18 AM; David Scanlan, the Secretary of State, expresses concerns about Senate Bill 104. He highlights that the state is the only authorized entity to conduct recounts with uniform standards, and the bill lacks standards for local recounts, which could compromise ballot integrity. He also points out that the bill's 2% deviation threshold for triggering a hand count of all races could lead to frequent hand counts post-election due to common discrepancies between machine and hand counts. He explains issues with voter intent and the need for human interpretation in recounts, emphasizing the potential for less secure elections without proper standards.
SB104: Senator Information Only00:49:18.240 - 8:48:29 AM; The Senator seeks clarification from the Secretary of State on whether the proposed procedure could potentially create a less secure election due to the lack of standards for municipal staff to conduct recounts. The Secretary confirms this concern, stating that without standards, the integrity of the election process could be compromised.
SB104: Senator Information Only00:50:29.680 - 8:49:40 AM; The Senator inquires about the standard practice of testing vote-counting machines before elections, using Littleton as an example. The Secretary of State explains that state statutes require testing before elections, and local officials use sample ballots to ensure accuracy. He also mentions ongoing efforts to enhance audits and the use of open-source software in new ballot-counting devices to increase transparency and confidence in the election process.
SB104: Senator Information Only00:52:47.480 - 8:51:58 AM; The Senator seeks clarification on whether the verification process requested in the bill is already being done before elections. The Secretary of State confirms that it is being done uniformly and responsibly, with efforts to improve transparency and confidence in the election process. He explains the pretest, election day oversight, and post-election audits and recounts as part of the thorough process to vet any issues that arise.
SB104: Dave Nelson, Town Moderator for Derry Oppose00:55:46.440 - 8:54:57 AM; Dave Nelson, the Town Moderator for Derry, expressed concerns about the implementation of the bill. He highlighted the logistical challenges of conducting an audit of two races immediately after voting ends but before tabulation begins, especially if the request is received and validated before 10:00 a.m. He noted that this process could significantly extend the time required for tabulation, as seen in past elections in Derry where counting extended until 3:00 a.m. Nelson argued that the additional audits do not significantly enhance confidence in the machines' accuracy and effectiveness, and the extended counting time increases the risk of human error due to fatigue.
SB104: Dan Hynesha, City Clerk of Nashua Oppose00:57:48.920 - 8:56:59 AM; Dan Hynesha, the City Clerk of Nashua, raised concerns about the bill's impact on election processes. He suggested changing the threshold from 10 voters to a percentage to better accommodate different community sizes. He emphasized the continuous nature of New Hampshire elections, where results must be reported on the same day, and warned that hand-counting two races would add hours to the process, potentially delaying results until the next morning. This delay could conflict with school schedules, as polling locations are often in school facilities. He cited a previous local race recount that took nine hours as an example of the time required for hand-counting, and while not fundamentally opposed to verifying results, he felt the existing audits and recounts were sufficient.
SB104: Tina Guilford, Derry Town Clerk Oppose01:00:43.079 - 8:59:54 AM; Tina Guilford, the Derry Town Clerk, opposed the bill citing the practical impossibility of meeting the 60-minute post-election result display rule if additional hand-counting is required. She noted the complexity of counting races like a 'pick 10', which could extend counting until 3:00 a.m. She argued that recounts and post-election audits already serve the purpose of verifying election results, and pointed out the lack of public interest in pre-election testing, with only one person attending in her tenure.
SB104: Olivia Zinc, Voter from Franklin, representing Open Democracy Oppose01:01:59.640 - 9:01:10 AM; Olivia Zinc, a voter from Franklin representing Open Democracy, expressed concerns about the financial implications of the bill, questioning whether the costs would be borne by the state, local communities, or the petitioning voters. She suggested involving concerned voters in the election process to alleviate their concerns about election integrity rather than implementing this bill. She also highlighted potential delays in the primary election affecting military voter ballots, and the additional burden on clerks on election day. She warned that delays in reporting election results could lead to increased public controversy.
SB104: Unnamed Speaker Support01:04:55.799 - 9:04:06 AM; The unnamed speaker supported the bill, emphasizing the importance of transparency and trust in the electoral process. They argued that citizens should have the right to verify election results, noting that many New Hampshire communities already hand-count their elections. They dismissed concerns about the difficulty of the process, stating that it is a small price to pay for ensuring election integrity. The speaker also mentioned international examples where hand-counting is standard and criticized opposition to the bill as being against transparency.
SB212: David Roser, Senator from New Hampshire Senate District One Support01:08:51.880 - 9:08:02 AM; David Roser, a Senator representing 20% of New Hampshire by land, introduced Senate Bill 212. He described it as a 'cleanup bill' requested by the Secretary of State, which aims to change references from 'votes' to 'ballots' in election laws. Roser indicated that the bill's purpose was straightforward and suggested that the Secretary of State would be available to answer any questions about the bill.
SB212: Aaron Hennessy, Deputy Secretary of State Support01:10:15.440 - 9:09:26 AM; Aaron Hennessy, the Deputy Secretary of State, expressed support for SB212, describing it as 'cleanup legislation' aimed at standardizing terminology used in their office. He highlighted that the bill affects the calculation of recounts and related fees. However, he pointed out some drafting errors in the current version of the bill that do not align with their initial request. Hennessy suggested specific amendments: on line nine, no change should have been made; on line 10, 'votes' should be changed to 'ballots'; and on page two, line 10, it should read 'elected shall be less than 1% of the total ballots cast'. He offered to provide further details to rectify these issues.
SB212: James Gray, Senator from District 6 (Alton, Rochester, and Strafford) Support01:14:04.199 - 9:13:15 AM; Senator James Gray from District 6, covering Alton, Rochester, and Strafford, supported SB212 and discussed the concept of 'more likely than not' as it pertains to absentee voting eligibility. He emphasized that this standard would help clarify voter eligibility for absentee ballots. Gray also touched on the issue of documentation required for absentee voting, suggesting that if records are available, additional documentation should not be necessary. He referenced previous legislation he introduced, indicating a desire to streamline verification processes without requiring unnecessary documentation.
SB212: Kate Horan, New Hampshire Association of Counties, Manchester resident Oppose01:20:27.840 - 9:19:38 AM; Kate Horan, representing the New Hampshire Association of Counties and a resident of Manchester, opposed SB212 but suggested it could be amended to address concerns. She highlighted the challenges faced by individuals in county correctional facilities and nursing homes, particularly regarding access to identification documents like birth certificates. Horan proposed amendments to allow nursing home administrators or correctional superintendents to verify identities, which would alleviate the burden and cost of notary services for absentee ballots. She emphasized the need for a practical approach to ensure voting rights for those in county facilities.
SB212: Olivia Zinca, Voter in Franklin, Executive Director of Open Democracy Oppose01:24:13.159 - 9:23:24 AM; Olivia Zinca, a voter from Franklin and Executive Director of Open Democracy, opposed SB212, arguing that it would create barriers to voting, especially for disabled individuals, younger voters, voters of color, and married women. She stressed that such barriers could lead to voter suppression and cited the historical significance of voting rights. Zinca criticized the additional documentation requirements, like photocopies of driver's licenses or birth certificates, as burdensome for certain populations, including the elderly and those in wheelchairs. She urged the committee to vote the bill inexpedient to legislate, emphasizing the importance of accessible voting for all.
SB212: Michael O'Brien, Predy Strategies, representing America Votes Oppose01:29:30.280 - 9:28:41 AM; Michael O'Brien spoke in opposition to the bill, highlighting the potential negative impact on vulnerable populations who rely on absentee ballots. He cited statistics from Kansas where a citizenship requirement led to 30,000 voters being turned away, with nearly all of them being U.S. citizens, illustrating the unnecessary barriers such requirements create. He also mentioned the difficulty some people face in accessing a notary, which could further disenfranchise voters. O'Brien noted that there has never been a documented case of someone else casting an absentee ballot, suggesting the issue the bill aims to address is not a real problem. He did appreciate the 'more likely than not' standard in the bill but remained opposed to it due to the lack of evidence of a problem.
SB11: Committee Member Information Only01:41:16.880 - 9:40:27 AM; During the executive session, a motion was made and seconded to find Senate Bill 11 inexpedient to legislate (ITL). After a brief discussion, the motion passed with a majority in favor, indicating that the committee recommended against the bill.
SB16 2025-0239s: Committee Member Information Only01:42:10.280 - 9:41:21 AM; The committee discussed Senate Bill 16 and proposed a committee amendment to clarify the locations where notices must be posted. The amendment changed the language to specify that the two places could include the municipality's main website and social media accounts. After discussion, the amendment was moved and passed, and the bill as amended was voted on and passed to be placed on consent. The discussion also touched on procedural aspects regarding the need for seconds on motions.
SB43 2025-0239s: Committee Member Information Only01:47:18.760 - 9:46:29 AM; A motion was made to pass Senate Bill 43 with Amendment 2025-0239s, which was a wipe and replace amendment requested by the Secretary of State's office to clean up particular sections of the bill. The amendment was discussed, and the committee moved to pass the bill as amended.
SB43 2025-0239s: Unknown Speaker Information Only01:48:35.040 - 9:47:46 AM; The speaker discussed the amendment to SB43, expressing that while the amendment improves the bill, they still oppose the underlying bill due to concerns about wearing campaign clothing in polling places. They referenced a Supreme Court case supporting the First Amendment right to wear expressive clothing. The amendment was then voted on, passing, and the bill as amended was also voted on, passing, and moved to consent.
SB43 2025-0239s: Unknown Speaker Information Only01:50:31.560 - 9:49:42 AM; The committee moved on to discuss other bills after handling SB43. They briefly discussed Senate Bill 4 and Senate Bill 45, noting that copies of an amendment for Senate Bill 45 were missing. They decided to hold off on Senate Bill 45 until copies of the amendment were available. They then moved to vote on Senate Bill 104, which passed and was moved to consent.
SB43 2025-0239s: Unknown Speaker Information Only01:52:58.440 - 9:52:09 AM; The committee discussed holding Senate Bill 212 to resolve issues with the Secretary of State's office. They considered whether to address these issues through a floor amendment or a committee amendment, ultimately deciding to hold it until the following week. They also discussed other bills, including absentee voting, the number of polling stations, and land impact, choosing to hold some for further work.
SB43 2025-0239s: Unknown Speaker Information Only01:54:32.280 - 9:53:43 AM; The committee moved to vote on Senate Bill 42, which passed and was moved to consent. They noted waiting for copies of amendments for other bills, such as Senate Bill 45, and discussed the remaining bills to be addressed.
SB43 2025-0239s: Unknown Speaker Information Only01:55:20.480 - 9:54:31 AM; The speaker discussed election law, emphasizing the importance of making voting easy while preventing cheating. They mentioned specific concerns about identity verification at nursing homes, jails, and other facilities, suggesting that having clerks or designated deputies verify identities could be a solution. They also referenced past experiences with bills that allowed family members to verify identities, which had not been well-received.
SB43 2025-0239s: Unknown Speaker Information Only01:58:30.560 - 9:57:41 AM; The speaker discussed revisions made to the bill based on feedback from the Attorney General's office. They removed provisions regarding the 10-foot property line requirement and sign size restrictions, as well as references to local governments. The bill now focuses on clarifying the distinction between private and public property for political signage. On private property, signage is allowed with the owner's consent. On public property, signage is prohibited unless it's within a right of way, and only the owner of the land over which the right of way passes can place signs, aligning with existing state law. The speaker also mentioned a conversation with the ACLU, noting their concern about regulations needing to be narrowly tailored to the public interest, and felt that the amendments addressed these concerns.
SB43 2025-0239s: Unknown Speaker Information Only02:01:25.440 - 10:00:36 AM; The speaker proposed moving forward with amendment 2025-0169s and asked for a vote on it. The amendment was passed by voice vote. Subsequently, the bill as amended was also moved for a vote and passed. There was a motion for consent which was also passed, followed by a motion to come out of the executive session, which was agreed upon, concluding the business of the day.

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)