GENERAL PROVISIONS

RSA tit. LXIII, ch. 652

in effect

RSA 652:1 Election.

652:1. Election. "Election" shall mean the choosing of a public officer or of a delegate to a party convention or the nominating of a candidate for public office by voters by means of a direct vote conducted under the election laws. The term does not include caucuses or conventions. The types of elections are further defined in this chapter. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:2 Regular Election, Special Election.

652:2. Regular Election, Special Election. "Regular election" shall mean an election required to be held periodically under the election laws, a city charter, or a local by-law, and which is held in accordance with the same. Any other election shall be a "special election." As used in the election laws, "election" shall mean a regular election. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:3 State Election.

652:3. State Election. "State election" shall mean an election to choose a federal, state, or county officer or a delegate to a party convention or to nominate a candidate for federal, state or county office. The 3 types of state elections are defined in RSA 652:4, 652:5 and 652:6. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:4 State General Election.

652:4. State General Election. "State general election" shall mean an election to choose a federal, state, or county officer. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:5 State Primary Election.

652:5. State Primary Election. "State primary election" shall mean an election to nominate a candidate for federal, state, or county office or to choose a delegate to a state party convention. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:6 Presidential Primary Election.

652:6. Presidential Primary Election. "Presidential primary election" shall mean an election to choose delegates to a national party convention. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:7 Town Election.

652:7. Town Election. "Town election" shall mean an election to choose a town officer. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:8 City Election.

652:8. City Election. "City election" shall mean an election to choose a city officer. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:9 School District Election.

652:9. School District Election. "School district election" shall mean an election to choose a school district officer. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:10 Village District Election.

652:10. Village District Election. "Village district election" shall mean an election to choose a village district officer. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:11 Party.

652:11. Party. "Party" shall mean any political organization which at the preceding state general election received at least 4 percent of the total number of votes cast for any one of the following: the office of governor or the offices of United States senators. Source. 1979, 436:1. 1997, 253:1, eff. Jan. 1, 1999.

RSA 652:12 Vacancy.

652:12. Vacancy. A "vacancy" shall occur in a public office if, subsequent to his or her election and prior to the completion of his or her term, the person elected to that office: I. Either dies, resigns, or ceases to have domicile in the state or the district from which he or she was elected; or II. Is determined by a court having jurisdiction to be insane or mentally incompetent; or III. Is convicted of a crime which disqualifies him or her from holding office; or IV. Fails or refuses to take the oath of office within the period prescribed in RSA 42:6 or to give or renew an official bond if required by law; or V. Has his or her election voided by court decision or ballot law commission decision; or VI. Is a member of the general court of New Hampshire and a member of a military reserve or national guard unit; and (a) The member was called to serve in an emergency; and (b) Service in such unit causes the member to be unable to perform his or her legislative duties, as determined by the house of representatives in the case of a member of the house of representatives and by the senate in the case of a member of the senate, for longer than 180 consecutive days; and (c) The selectmen of any town or ward in the district from which the member is elected request of the governor and council that the office be declared vacant. Source. 1979, 436:1. 1991, 216:1. 1994, 70:5. 2003, 22:2, eff. April 24, 2003.

RSA 652:13 Federal Election.

652:13. Federal Election. "Federal election" shall mean any state general, special, or primary election held solely or in part for the purpose of choosing or nominating any candidates for the offices of president, vice-president, United States senator, or United States representative. For federal ballot only voters domiciled outside the United States who are eligible to vote in federal elections as provided in RSA 657:2, "federal election" shall also include any presidential primary election. Source. 1979, 436:1. 1983, 176:1. 1986, 126:1. 2010, 317:2, eff. July 18, 2010.

RSA 652:14 Election Officer.

652:14. Election Officer. "Election officer" shall mean any moderator, deputy moderator, assistant moderator, town clerk, deputy town clerk, city clerk, deputy city clerk, ward clerk, selectman, supervisor of the checklist, registrar, or deputy registrar. Source. 1979, 436:1. 2003, 289:48, eff. Sept. 1, 2003.

RSA 652:15 Supervisors of the Checklist.

652:15. Supervisors of the Checklist. The term "supervisors of the checklist" shall include any board of registrars or similar body performing the functions of registering voters and correcting the checklist in cities. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:16 Town.

652:16. Town. The term "town" shall include wards in cities. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:16-a Undeclared Voter.

652:16-a. Undeclared Voter. The term "undeclared voter" shall mean a voter who is registered as a member of no political party. Source. 1993, 193:1, eff. Aug. 8, 1993.

RSA 652:16-b UOCAVA Voters.

652:16-b. UOCAVA Voters. "UOCAVA voters" shall mean absent uniformed services voters, absent voters temporarily residing outside the United States, and federal ballot only voters domiciled outside the United States as described in RSA 654:3. Source. 2010, 317:3, eff. July 18, 2010.

RSA 652:16-c Absent Uniformed Services Voters.

652:16-c. Absent Uniformed Services Voters. "Absent uniformed services voters" shall mean persons who are absent from the places of residence in New Hampshire where they are otherwise qualified to vote who are: I. Members of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, and National Guard, the commissioned corps of the National Oceanic and Atmospheric Administration, and the commissioned corps of the Public Health Service, and all regular and reserve components thereof, while in active service. II. Members of the Merchant Marine of the United States, including individuals (other than members of a uniformed service or individuals employed, enrolled, or maintained on the Great Lakes or the inland waterways): (a) Employed as officers or crew members of vessels documented under the laws of the United States, or of vessels owned by the United States, or of vessels of foreign-flag registry under charter to or control of the United States; or (b) Enrolled with the United States for employment, or for training for employment, or maintained by the United States for emergency relief service, as officers or crew members of any such vessel. III. The spouses or dependents of any member described in paragraph I or II who, by reason of the active duty or service of the member, is absent from the place of residence in New Hampshire where the spouse or dependent is otherwise qualified to vote. Source. 2010, 317:3, eff. July 18, 2010. 2016, 183:1, eff. Aug. 2, 2016. 2024, 4:1, eff. Feb. 1, 2024.

RSA 652:16-d Accessible Voting System.

652:16-d. Accessible Voting System. "Accessible voting system" shall mean the system chosen by the state in federal elections or by municipalities in local elections to meet the accessibility for individuals with disabilities requirements of section 301 of the Help America Vote Act of 2002, 42 U.S.C. section 15481, 52 U.S.C. section 21081, and Title II of the Americans with Disabilities Act, 42 U.S.C. section 12132, that has the capacity to print a paper ballot marked with the votes chosen by the voter. Source. 2010, 317:3, eff. July 18, 2010. 2024, 123:2, eff. Jan. 1, 2025.

RSA 652:16-e Business Session.

652:16-e. Business Session. "Business session" means, in a town that has not adopted the provisions of RSA 40:13, the session of a town meeting at which voters discuss, deliberate, and vote on matters other than the election of officers by official ballot and other questions that are placed on the official ballot. Source. 2019, 192:4, eff. July 10, 2019.

RSA 652:16-f Deliberative Session.

652:16-f. Deliberative Session. "Deliberative session" means the first session of a meeting in a town that has adopted the provisions of RSA 40:13. Source. 2019, 192:4, eff. July 10, 2019.

RSA 652:16-g Official Ballot Voting Day.

652:16-g. Official Ballot Voting Day. "Official ballot voting day" means the day on which voters in a town vote on the election of officers or other questions authorized by law to be voted on by official ballot, or both, in compliance with the procedures for elections for the partisan official ballot system as set forth in RSA 669:12 or the nonpartisan official ballot system as set forth in RSA 669:19 through RSA 669:22, RSA 670:5 through RSA 670:7, and RSA 671:20 through RSA 671:30, including all requirements pertaining to absentee voting, the polling place, and polling hours. Source. 2019, 192:4, eff. July 10, 2019.

RSA 652:16-h Electioneering.

652:16-h. Electioneering. Electioneering means visibly displaying or audibly disseminating information that a reasonable person would believe explicitly advocates for or against any candidate, political party, or measure being voted. Electioneering includes, but is not limited to: I. Wearing clothing or paraphernalia that displays a candidate's name, likeness, or logo, a ballot measure's number, title, subject, or logo, a political party's name or logo, or any communication that a reasonable person would believe explicitly advocates for or against any candidate, political party, or measure. A person who is eligible to vote or register to vote in the voting district who is unable to reasonably remove or cover such clothing may wear such clothing in the polling place while actively and expeditiously engaged in the process of registering to vote or while actively and expeditiously engaged in the process of voting. II. Distributing or posting a card, handbill, poster, placard, picture, pin, sticker, circular, or any other form of communication that a reasonable person would believe explicitly advocates for or against any candidate, political party, or measure. III. Organizing or conducting surveys that are expressly or primarily political, meaning that they have a format, questions, or other characteristics that clearly indicate a preference for one or more candidates or political parties in an election or one or more policies that are reasonably anticipated to be on the ballot or otherwise at issue in an election. This paragraph shall also apply to any person identified in RSA 273-A:1, IX(b), (c), or (d). Source. 2020, 36:1, eff. Jan. 1, 2020. 2025, 217:1, eff. Sept. 13, 20252026, 285:3, eff. Jan. 1, 2026.

RSA 652:17 Uniform System.

652:17. Uniform System. For the purposes of the election laws, a uniform system of computation of time shall be maintained. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:18 Days Included and Excluded.

652:18. Days Included and Excluded. I. Except where specifically stated to the contrary, when a period or limit of time is to be reckoned from a day or date, that day or date shall be excluded from and the day on which an act should occur shall be included in the computation of the period or limit of time. II. Whenever the election laws refer to a period or limit of time, Saturdays, Sundays, and holidays shall be included, except as provided in paragraph I. However, when the last day for performing any act under the election laws is a Saturday, Sunday or official state holiday, the act required shall be deemed to be duly performed if it is performed on the following business day. Source. 1979, 436:1. 1994, 4:2, eff. May 27, 1994; 348:2, eff. July 1, 1994.

RSA 652:20 End of Day.

652:20. End of Day. Whenever the election laws require a filing with or an action by an official, such filing or action shall be performed before 5 o'clock in the afternoon of the stipulated day. During the afternoon of the stipulated day, the school district clerk or his designee, or the town clerk or his designee, shall arrange his time so as to be available between the hours of 3 o'clock and 5 o'clock. Source. 1979, 436:1. 1985, 7:1, eff. May 31, 1985.

RSA 652:21 Authority; Format.

652:21. Authority; Format. Prior to the state primary election, the secretary of state with the advice and approval of the attorney general shall prepare a political calendar for state and town elections setting forth the dates when action required under the election laws must be taken. Any action taken by any candidate or official in connection with the election laws which shall be taken in accordance with the dates set forth in said calendar shall be deemed to be duly performed for the purposes of the election laws. The expense of printing said political calendar shall be a charge upon the appropriation for the office of the secretary of state. Source. 1979, 436:1, eff. July 1, 1979.

RSA 652:22 Authority; Format; Distribution.

652:22. Authority; Format; Distribution. The secretary of state, with the advice and approval of the attorney general, shall prepare or cause to be prepared preceding each state general election an up-to-date manual on the New Hampshire election laws and procedures for conducting elections. The manual shall be written in nontechnical language. The manual shall be distributed free of charge to each moderator, board of selectmen, city council, and board of supervisors of the checklist and to each town, city, and ward clerk. The secretary of state may distribute the manual in either electronic or printed format. The secretary of state may distribute said manual to any other person who requests it. Source. 1979, 436:1. 2009, 214:1, eff. Sept. 13, 2009.

RSA 652:23 Chief Election Officer.

652:23. Chief Election Officer. I. The secretary of state shall be the chief election officer for the state. The secretary of state shall provide information regarding voter registration procedures and absentee ballot procedures for all voters, including absent uniformed services voters, absent voters temporarily residing outside the United States, and federal ballot only voters domiciled outside the United States. Instructional and informational materials published by the secretary of state for clerks to provide such voters shall include information on how to communicate electronically with election officials. II. Within 180 days of the effective date of this paragraph, the secretary of state shall implement and operate a public vulnerability disclosure program which substantially meets or exceeds the recommendations contained within the publication "Guide to Vulnerability Reporting for America's Election Administrators" published by the Cybersecurity and Infrastructure Security Agency of the United States Department of Homeland Security, to make it easier for security researchers and the general public to report security vulnerabilities appropriately. The secretary shall work with the cybersecurity advisory committee established in RSA 21-R:16. Source. 2010, 317:4, eff. July 18, 2010. 2025, 200:1, eff. July 15, 2025.

RSA 652:25 Notice of Voter Identification Requirements.

652:25. Notice of Voter Identification Requirements. Every town and city clerk shall prominently display a notice prepared by the secretary of state explaining the photo identification requirements for voters and directing voters to the department of state's website for additional information. Such notice shall be displayed for at least 14 days prior to each election held after the effective date of this section. Source. 2012, 284:2, eff. June 27, 2012.

RSA 652:26 Voter Education Requirements.

652:26. Voter Education Requirements. I. The secretary of state shall prepare an explanatory document explaining the proof of identity requirements of RSA 659:13, including all the permissible methods for proving identity and the dates of applicability of these requirements. The secretary of state shall provide copies of the explanatory document to all towns and wards, so it will be available to all persons registering to vote at the city or town hall and at all polling places at each election held after the effective date of this section. II. The secretary of state shall take whatever measures he or she deems necessary to educate the public about the voter identification requirements in RSA 659:13. Such measures shall include prominently displaying on the department of state's website information for voters relating to the voter identification requirements in RSA 659:13. The department shall also provide explanatory information relating to voter identification requirements to media outlets that request such information and shall encourage such outlets to assist the department in educating the public about the voter identification requirements in RSA 659:13. Source. 2012, 284:2, eff. June 27, 2012.

RSA 652:27 Electronic Poll Books.

652:27. Electronic Poll Books. I. Cities and towns are hereby authorized to use electronic poll book devices for voter registration and check-in for elections, town business and deliberative sessions and special meetings, and school district business and deliberative sessions and special meetings provided that any city or town using electronic poll book devices shall comply with all statutes directly or indirectly related to voter checklists and maintenance of the statewide centralized voter registration database including the processes related to voter registration, voter check-in and check-out, the processing of absentee ballots, the collection of all fields of data required for registration or check-in, and the delivery of that data to the secretary of state in a format compatible with the statewide centralized voter registration database. The provisions of RSA 654:34, RSA 659:55, RSA 659:13, RSA 659:14, and RSA 659:23, as they relate to manual entries on a paper checklist, are hereby waived in order to accommodate an electronic poll book, provided the same information required of the voter is obtained and recorded by the electronic poll book, and can be retrieved and/or printed at any time including during an election. In addition, nonpublic data related to individual voter data shall remain confidential, and no voter data shall be released or retained by an electronic poll book vendor, including its agents, or any company or individual that provides software, hardware, or services to the vendor for any purpose. An electronic poll book vendor shall not have access to any voter data except as specifically necessary to setup, maintain, or train for an electronic poll book program authorized under RSA 652:27. Adequate back-up systems shall be in place as determined by the local election officials for local elections and the secretary of state for all other elections. A back-up system shall include a "real time" download or accurate account of voters who have checked in or registered on the day of the election. The electronic poll book shall have the ability to generate a paper voter checklist completely marked to reflect participation in the election up to the time of any system failure or malfunction, and sufficient number of high speed printers shall be available in the polling place to produce a back-up paper checklist for use in the event of a system failure, or a paper checklist shall be marked in parallel with the electronic poll book reflecting the real time check-in of voters with a lag time of no more than 30 minutes. A marked checklist shall be printed upon the completion of every election along with any reports required by statute and shall be retained by the clerk. II. The cities and towns shall assume all costs associated with electronic poll books. No electronic poll book program may proceed unless the electronic poll books system and application has been recommended for approval by an evaluator of electronic election systems approved by the secretary of state using requirements established by the secretary of state. Recommendations to the secretary of state from an evaluator of electronic election systems shall be conditioned upon safe use procedures. The secretary of state may approve electronic poll book systems, in whole or in part, based on recommendations from an evaluator of electronic election systems. No city or town may use an electronic poll book system that has not been approved by the secretary of state. III. For the initial use of an electronic poll book approved by the secretary of state, in whole or in part, the city or town clerk shall file with the secretary of state all documentation that is necessary to show that all requirements in this section have been met no later than 30 days before an electronic poll book program shall take place. Within 30 days after the initial use of electronic poll books in accordance with this section, the city or town shall submit a report to the secretary of state, who shall review such reports and forward them to the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate standing committees with jurisdiction over election law. Each report shall describe the outcome of the program, addressing voter experiences, wait times, voter throughput times, personnel costs, hardware and software costs, and the completeness and accuracy of the data recorded, reported, and submitted for import to the statewide centralized voter registration database. IV. The secretary of state shall prepare at least once each calendar year a regularly updated set of instructions and best use practices for the use of electronic poll books in state elections based on reports from the city and town clerks, evaluation vendors, and electronic poll book system providers. Source. 2017, 200:1, eff. Aug. 4, 2017. 2021, 101:1, eff. Aug. 30, 2021. 2022, 276:1, eff. Aug. 23, 2022. 2025, 217:2, eff. Sept. 13, 2025.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LXIII-652.htmFetched: 10/20/2026