RSA 659:64-a · Counting Write-In Votes

659:64-a Counting Write-In Votes. –
I. In a town or city that uses a ballot counting device approved by the ballot law commission pursuant to RSA 656:40 and which prints or digitally displays an image of all write-in votes as part of the device's report of votes cast, a moderator may use the printed or digitally displayed images to count write-in votes in place of examining each ballot to obtain the name of the person who received a write-in vote. This counting shall take place in the presence of another sworn-in election official.
II. The moderator shall cause all write-in votes, whether viewed on the ballot, on the print out, or on the digital display to be examined for write-in votes that are for a person whose name is printed on the ballot as a candidate. Provided the voter did not overvote for that office, a write-in vote for a person whose name is on the ballot, shall be counted as a vote for that candidate. The moderator shall include that vote in the total of the number of votes cast for that candidate, adding votes by write-in to votes by a marked oval.
III. A ballot where the voter marked the oval beside the name of a candidate whose name is printed on the ballot and also wrote that same candidates name in as a write-in shall be counted as one vote for that candidate. The moderator shall include that one vote in the total number of votes cast for that candidate. The write-in shall not be counted separately as a write-in vote.
IV. If the device report or the digital image is used to tally write-in votes, a copy of the report shall be preserved with the ballots used at the election. The printed report or digital image showing the write-in votes in the voter's handwriting shall be a non-public record, and shall be exempt from RSA 91-A. The moderator shall also provide the clerk with a copy of the printed or digital images of all write-in votes to be available as a non-public record to assist with post-election reporting.
V. For all state elections, if used in the ballot counting process, the moderator and the clerk shall retain a copy of the printed and the digital images of all write-in votes to be available for reference if needed to resolve questions regarding the return of votes. The copy shall be a non-public document and shall be stored and used in a manner that limits the risk of exposing, through recognition of handwriting, the candidate written in by any voter.
Source. 2020, 23:8, eff. July 17, 2020. 2024, 4:23, eff. Feb. 1, 2024. 2025, 65:1, eff. Aug. 1, 2025.