HB394: relative to incompatible offices.

CHAPTER 84

HB 394 - FINAL VERSION

20mar03... 0575h

2003 SESSION

03-0370

03/09

HOUSE BILL 394

AN ACT relative to incompatible offices.

SPONSORS: Rep. Vaillancourt, Hills 56; Rep. Drisko, Hills 46; Rep. Reeves, Hills 49; Sen. Roberge, Dist 9; Sen. Gatsas, Dist 16; Sen. Sapareto, Dist 19; Sen. Boyce, Dist 4; Sen. Flanders, Dist 7

COMMITTEE: Election Law

ANALYSIS

This bill expands the applicability of the incompatible offices statute.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20mar03... 0575h

03-0370

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to incompatible offices.

Be it Enacted by the Senate and House of Representatives in General Court convened:

84:1 Nominations; Incompatible Offices. Amend RSA 655:10 to read as follows:

655:10 Incompatible Offices.

I. No person shall file declaration of candidacy or primary petitions for nomination at the primary for incompatible offices. For the purposes of this section, incompatible offices shall include the offices of governor, United States senator, United States representative, representative to the general court, state senator, [and] councilor, county sheriff, county attorney, county treasurer, register of deeds, and register of probate. If any person shall file for [such] incompatible offices, the secretary of state shall advise the person of the provisions hereof and said person shall then advise the secretary of state which of said offices he or she wishes to retain in order to seek said nomination. If a filing fee has been paid for a declaration of candidacy which [he] the person declines, the fee shall be returned to [him] the person. No person shall seek or hold the position as a member of the general court and county commissioner at the same time. [No person shall hold 2 of the offices mentioned in RSA 655:9 at the same time, and the acceptance of one of them shall be a resignation of the others.]

II. No person shall be nominated for incompatible offices. If a person shall be nominated for incompatible offices, the secretary of state shall advise the person of the provisions hereof and the person shall then advise the secretary of state which nomination the person wishes to retain; the secretary of state shall declare the nominations not retained by the person vacant.

III. A party shall not designate a person to fill a vacancy if the person has been nominated for any incompatible office.

84:2 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 30, 2003)

(Effective Date: July 29, 2003)