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RSA 659:73 · General Content of Return

Title
LXIII: ELECTIONS
Chapter
659 · ELECTION PROCEDURE
Status
current
Official source linked
Yes
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659:73 General Content of Return. –

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I.

The election return forms shall be submitted on paper and electronically immediately after the completion of the vote count in the manner prescribed by the secretary of state. The return of votes shall include, but not be limited to:

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(a)

The name of each candidate printed on the ballot and the number of votes that candidate received for the listed office including any write-in votes for the same office on the same ballot where the voter did not mark the printed candidate name.

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(b)

For each office the name and total number of votes cast for each write-in candidate, excluding write-in votes for candidates whose names were printed on the ballot where the voter did not mark the printed candidate name and the vote is reported under subparagraph (a). The return shall also include the sum of all write-in votes. In the sum do not include the write-in votes for candidates whose names are printed on the ballot where the vote is reported under subparagraph (a).

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(c)

For any question submitted to the voters:

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(1)

The number of affirmative votes.

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(2)

The number of negative votes.

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(d)

In a primary, the number of ballots cast for each party.

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(e)

In a general election, the number of ballots cast.

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(f)

For each contest or ballot question, the number of overvotes and undervotes.

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II.

The secretary of state shall provide guidance for completing the return of votes in the election procedure manual issued pursuant to RSA 652:22. The secretary of state may provide an electronic version of the return of votes capable of being used on a computer at the polling place to assist moderators and clerks in completing and submitting the paper and electronic forms.

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III.

The moderator shall fill out a moderator's post-election certificate prepared by the secretary of state, which shall be recorded and signed by the moderator within 48 hours of the closing of the polls or other time ordered by the secretary of state and submitted to the clerk. The post-election certificate shall include, but not be limited to:

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(a)

The number of official ballots received from the secretary of state brought to the polling place by the city or town clerk on election day, excluding ballots marked as test ballots and used prior to election day to test an electronic ballot counting device.

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(b)

The number of official ballots cast on election day.

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(c)

If the polling place runs out of official ballots, the number of absentee ballots used as official ballots and cast.

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(d)

If the polling place runs out of official ballots, the number of photocopied ballots used as official ballots and cast.

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(e)

The number of state absentee ballots cast.

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(f)

The number of federal offices only absentee ballots cast.

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(g)

The number of state write-in absentee ballots cast.

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(h)

The number of federal write-in absentee ballots cast.

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(i)

A comparison of the different methods of tallying ballots cast.

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IV.

The moderator shall record and sign a names on checklist form within 48 hours of the closing of the polls, unless the secretary of state directs otherwise, and shall submit the form to the secretary of state, with a copy to the clerk. The names on checklist form shall include, but not be limited to:

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(a)

The number of people who registered to vote on election day.

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(b)

For each party, the total number of voters registered as members of the party.

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(c)

The number of undeclared voters that cast ballots for each party at a state or presidential primary election.

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(d)

The number of undeclared voters that returned to undeclared after voting in a state or presidential primary election.

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V.

The moderator shall record and sign a ballots cast form prepared by the secretary of state within 48 hours of the closing of the polls, or other time ordered by the secretary of state, and shall submit the form to the secretary of state, with a copy to the clerk. The ballots cast form shall include, but not be limited to:

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(a)

The number of official election day ballots cast;

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(b)

The number of absentee ballots cast;

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(c)

The number of federal office only cast; and

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(d)

The total number of ballots cast.

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VI.

The town or city clerk may require that forms be completed under this section earlier than the time required by the secretary of state.

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VII.

The city or town clerk shall, within 7 days of an election, post copies of the election return forms submitted to the secretary of state under paragraphs I and II of this section. The city or town clerk shall post copies in the 2 places where the municipality regularly posts notices of its governing body meetings, which may include the municipality's main website and any social media accounts utilized by the municipality. Source. 1979, 436:1. 2010, 317:46. 2011, 185:2. 2012, 113:6, eff. May 31, 2012. 2022, 134:2, eff. July 7, 2022. 2024, 4:24, eff. Feb. 1, 2024. 2025, 79:1, eff. Aug. 9, 2025.

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Source note

Source. 1979, 436:1. 2010, 317:46. 2011, 185:2. 2012, 113:6, eff. May 31, 2012. 2022, 134:2, eff. July 7, 2022. 2024, 4:24, eff. Feb. 1, 2024. 2025, 79:1, eff. Aug. 9, 2025.

Source history

  • 1979, 436:1
  • 2010, 317:46
  • 2011, 185:2
  • 2012, 113:6, eff. May 31, 2012
  • 2022, 134:2, eff. July 7, 2022
  • 2024, 4:24, eff. Feb. 1, 2024
  • 2025, 79:1, eff. Aug. 9, 2025

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