SB418: relative to voting procedures in the Hanover school district.

CHAPTER 160

SB 418 – FINAL VERSION

02/05/04 0189s

29Apr2004… 1290h

2004 SESSION

04-3143

04/09

SENATE BILL 418

AN ACT relative to voting procedures in the Hanover school district.

SPONSORS: Sen. Below, Dist 5; Rep. Nordgren, Graf 17

COMMITTEE: Internal Affairs

AMENDED ANALYSIS

This bill enables the Hanover school district to adopt and implement a method of voting on warrant articles similar to the procedures used by the Dresden school district, and would allow passage of bond issues by a 3/5 majority vote. The bill also allows the voters of the Hanover school district to hold school district elections to coincide with voting in the Dresden school district.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/05/04 0189s

29Apr2004… 1290h

04-3143

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to voting procedures in the Hanover school district.

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

160:1 Hanover School District; Adoption of Specific Voting Procedures.

I. The Hanover school district shall use a modified method of official ballot voting on all issues before the voters as set forth in this act.

II. The method of voting shall be the same as the official ballot method used by the Dresden school district to the following extent:

(a) Each district meeting shall consist of 2 sessions, a discussion session held on the first meeting day and a voting session to take place during designated hours in the second meeting day.

(b) The discussion session of the meeting shall consist of explanation, discussion, and debate of each warrant article.

(c) Articles shall not be amendable at the discussion session.

(d) All warrant articles shall be proposed in the form of a question to the voters and shall be placed on the official ballot.

(e) All voting to fill elected positions and all voting on warrant articles shall be conducted by secret written ballot during the voting session on the second day of the district meeting.

(f) All requirements pertaining to absentee voting shall apply.

III. Approval of all warrant articles shall be by simple majority except for questions which require a 2/3 vote by law, contract, or written agreement and except that the issue of notes or bonds shall be authorized by a vote of 3/5.

IV. The warrant for any annual or special meeting shall prescribe the date, place, and hour for the first and second session of the meeting.

V. Votes taken at the second session shall be subject to recount under RSA 671:32.

VI. Votes taken at the second session shall not be reconsidered.

VII. Notwithstanding RSA 197:1, the 2 sessions of the annual meeting may be held before March 1 or after March 25 to allow for voting in coordination with the Dresden school district.

VIII. The first session of all district meetings shall be deemed the district meeting date for the purposes of budget hearings under RSA 32:5, bond hearings under RSA 33:8-a, the “budget submission date” as defined under RSA 273-A:1,III, submission of petitioned articles under RSA 197:6, and the posting of warrants and budgets under RSA 197:7.

IX. Notwithstanding RSA 671:2, the second session of the annual meeting shall be deemed the annual election date for the purposes of all applicable election statutes including, but not limited to, RSA 671:15, RSA 671:19, and RSA 671:30-32.

X. Except as set forth above, voting at the second session shall conform to the procedures for the non-partisan ballot system as set forth RSA 669:19-25 and RSA 671:20-27, RSA 671:28, and RSA 671:30, including all requirements pertaining to polling place and polling hours.

XI. Except as set forth in this section, the provisions of general law relative to school district meetings, their warning, the right for petitioned articles, and the conduct of district meetings shall apply.

XII. If the operating budget article is not adopted under the modified method of official ballot voting, the governing body may hold a special meeting to take up the issue of a revised operating budget only, provided that RSA 31:5 and RSA 197:3 shall not apply to such a special meeting. The warrant for any special meeting shall prescribe the date, place, and hour for both a first and second session.

160:2 Hanover School District; Ballot Question.

I. The school district clerk shall include on the regular ballot for the election of officers at the first election, occurring at least 30 days after the effective date of this act, a question in the following form:

“Shall the provisions of an act of the 2004 legislative session entitled “An act relative to the voting procedures in the Hanover school district” be adopted, enabling the Hanover school district to adopt a modified method of official ballot voting similar to the official ballot procedures used by the Dresden school district including the following provisions:

(a) The method of voting shall be the same as the official ballot method used by the Dresden school district to the following extent:

(1) Each district meeting shall consist of 2 sessions, a discussion session held on the first meeting day and a voting session to take place during designated hours in the second meeting day.

(2) The discussion session of the meeting shall consist of explanation, discussion, and debate of each warrant article.

(3) Articles shall not be amendable at the discussion session.

(4) All warrant articles shall be proposed in the form of a question to the voters and shall be placed on the official ballot.

(5) All voting to fill elected positions and all voting on warrant articles shall be conducted by secret written ballot during the voting session on the second day of the district meeting.

(6) All requirements pertaining to absentee voting shall apply.

(b) Approval of all warrant articles shall be by simple majority except for questions which require a 2/3 vote by law, contract, or written agreement and except that the issue of notes or bonds shall be authorized by a vote of 3/5.

(c) The warrant for any annual or special meeting shall prescribe the date, place, and hour for the first and second session of the meeting.

(d) Votes taken at the second session shall be subject to recount under RSA 671:32.

(e) Votes taken at the second session shall not be reconsidered.

(f) Notwithstanding RSA 197:1, the 2 sessions of the annual meeting may be held before March 1 or after March 25 to allow for voting in coordination with the Dresden school district. (g) The first session of all district meetings shall be deemed the district meeting date for the purposes of budget hearings under RSA 32:5, bond hearings under RSA 33:8-a, the “budget submission date” as defined under RSA 273-A:1, III, submission of petitioned articles under RSA 197:6, and the posting of warrants and budgets under RSA 197:7.

(h) Notwithstanding RSA 671:2, the second session of the annual meeting shall be deemed the annual election date for the purposes of all applicable election statutes including, but not limited to, RSA 671:15, RSA 671:19, and RSA 671:30-32.

(i) Except as set forth above, voting at the second session shall conform to the procedures for the non-partisan ballot system as set forth RSA 669:19-25 and RSA 671:20-27, RSA 671:28, and RSA 671:30, including all requirements pertaining to polling place and polling hours.

(j) Except as set forth in this section, the provisions of general law relative to school district meetings, their warning, the right for petitioned articles, and the conduct of district meetings shall apply.

(k) If the operating budget article is not adopted under the modified method of official ballot voting, the governing body may hold a special meeting to take up the issue of a revised operating budget only, provided that RSA 31:5 and RSA 197:3 shall not apply to such a special meeting. The warrant for any special meeting shall prescribe the date, place, and hour for both a first and second session.”

II. Beneath this question shall be printed the word “Yes” and the word “No” with a square immediately opposite each such word in which the voter may indicate his or her choice.

III. A 3/5 majority of those voting on the question shall be required for adoption. Only affirmative or negative votes shall be included in the calculation of the 3/5 majority.

IV. The Hanover school district clerk shall, within 10 days after the election, certify to the secretary of state the result of the vote on the question.

160:3 Contingency. If the question proposed in section 2 of this act is adopted, section 1 of this act shall take effect on the date of certification by the Hanover school district clerk to the secretary of state. If the question proposed in section 2 of this act is not adopted, section 1 of this act shall not take effect.

160:4 Effective Date.

I. Section 1 of this act shall take effect as provided in section 3.

II. The remainder of this act shall take upon its passage.

(Approved: May 24, 2004)

(Effective Date: I. Section 1 shall take effect as provided in section 3.

II. Remainder shall take effect May 24, 2004)