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RSA 669:61 · Vacancies in Town Offices

Title
LXIII: ELECTIONS
Chapter
669 · TOWN ELECTIONS
Status
current
Official source linked
Yes
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669:61 Vacancies in Town Offices. –

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I.

Whenever a vacancy as defined in RSA 652:12 occurs in any elective town office or whenever a town neglects or refuses to fill an elective town office, said vacancy shall be filled by the action of that body or person authorized by law to appoint or elect such officer for a term ending upon the election and qualification of his successor, unless otherwise provided. Unless otherwise provided, at said next annual town election, the voters of the town shall then elect an officer for the full term provided by law or the balance of an unexpired term provided by law, as the case may be. If a town then refuses or neglects to fill said office, a vacancy shall be deemed again to exist.

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II.

Nothing in this section shall be deemed to empower a town to find that a vacancy exists, in the case of a contested election or recount, until the rendering of a final judgment by a court of competent jurisdiction or by the ballot law commission as to such contested election in accordance with RSA 652:12, V, or until the recount has been concluded.

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III.

For the purposes of paragraph I, and with respect to those offices elected by official, non-partisan ballot, the term "next annual town election" shall mean the next annual town election for which the nomination filing period, as set forth in RSA 669:19, begins subsequent to the occurrence of the vacancy. Any vacancy which occurs between the beginning of the filing period and the town election shall not be filled by official ballot until the annual town election the following year.

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IV.

The legislative body of a town may adopt or rescind the optional procedure in this paragraph for filling vacancies in elective town offices. If the authorized person or body does not make an appointment to fill the vacancy pursuant to paragraph I within 45 days after at least one legally-qualified person has applied in writing for such appointment, then upon the filing of a petition with the selectmen signed by the number of voters required under RSA 39:3 for the warning of a special town meeting, presented not less than 90 days before the next annual town meeting, the selectmen shall call a special election to fill the vacancy. The special election shall be subject to the provisions of RSA 39:3 and other applicable provisions governing town elections. The person elected at the special election shall serve for a term ending upon the election and qualification of his or her successor. Unless otherwise provided, at the next annual town election, the voters of the town shall elect an officer for the full term provided by law or the balance of an unexpired term provided by law, as the case may be. If the town then refuses or neglects to fill the office, a vacancy shall be deemed again to exist. Source. 1979, 410:1. 1981, 520:4. 1994, 112:2. 2008, 267:1, eff. Aug. 25, 2008.

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Source note

Source. 1979, 410:1. 1981, 520:4. 1994, 112:2. 2008, 267:1, eff. Aug. 25, 2008.

Source history

  • 1979, 410:1
  • 1981, 520:4
  • 1994, 112:2
  • 2008, 267:1, eff. Aug. 25, 2008

Related materials

Bill relationships

  • 2026 HB1107 reference

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  • 2026 HB1125 amend

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  • 2026 HB1272 amend

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  • 2026 HB1319 reference

    by 3, the division shall be as even as possible over the 3 years. Election shall be by official ballot if the municipality has adopted the official ballot system, as set forth in RSA 669. III. A town or district which has adopted this subdivision may vote by official ballot at any subsequent annual meeting to change the number of the local fiscal accountability committee for towns and schools (FACTS) m

  • 2026 HB1418 amend

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  • 2026 HB1526 reference

    cribed in paragraph II, shall not begin until that next annual meeting, and shall be by official ballot if the municipality has adopted the official ballot system, as set forth in RSA 669 or RSA 671. A budget committee shall be deemed duly constituted and able to conduct business once a quorum of its elected or appointed members-at-large have been sworn into office. IV. A town or district which has

  • 2026 HB463 amend

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  • 2026 HB590 reference

    les of agreement provide for the election of cooperative school board members pursuant to this chapter, said election shall be with the use of the non-partisan ballot system under RSA 669. V. The number of members and composition of cooperative school boards shall be in accordance with this section by July 1, 2026. Members whose terms expire prior to this date shall be elected pursuant to this section

  • 2026 SB653 reference

    cribed in paragraph II, shall not begin until that next annual meeting, and shall be by official ballot if the municipality has adopted the official ballot system, as set forth in RSA 669 or RSA 671. A budget committee shall be deemed duly constituted and able to conduct business once a quorum of its elected or appointed members-at-large have been sworn into office. IV. A town or district which has