New Hampshire HB 1821: exempting certain information collected from electronic ballot counting devices from right-to-know law restrictions.

Bill Text

HB 1821-FN - AS INTRODUCED

2026 SESSION

 26-3087

 08/06

HOUSE BILL 1821-FN

AN ACT exempting certain information collected from electronic ballot counting devices from right-to-know law restrictions. 

SPONSORS: Rep. Soti, Rock. 35; Rep. Potenza, Straf. 19; Rep. O'Rorke, Ches. 7; Rep. Read, Rock. 10

COMMITTEE: Election Law

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ANALYSIS

 This bill clarifies the retention period for ballot images and cast vote records and requires that such images and records be made publicly available within the 48 hours following each election and before the statutory recount request deadline.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-3087

 08/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT exempting certain information collected from electronic ballot counting devices from right-to-know law restrictions. 

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

 1 New Paragraph; Ballot Images; Exempted from Right-to-Know Laws. Amend RSA 91-A:5 by inserting after paragraph XIII the following new paragraph: 

 XIV. Access to ballot images and cast vote records shall be in compliance with RSA 91-A:4 except for the requirement such images and records are released with the 48 hours following an election. 

 2 Public Access to Images and Cast Vote Records. Amend RSA 656:42, IX to read as follows: 

 IX.(a) Ballot images and cast vote records shall be retained as provided in RSA 33-A:3-A, XXXVI and XXXVII relative to paper ballots.

 (b) All ballot images are backed up in at least 2 secure storage locations, one at the state level and one at the municipal level, to prevent tampering or data loss.

 (c) The secretary of state shall provide a mandatory training program for clerks who handle such records.

 (d) Ballot images and cast vote records shall be posted on a public website managed by the secretary of state to guarantee uniform access and to prevent selective release.

 (e) All electronic ballot counting devices shall be certified as capable of producing ballot images and cast vote records in a consistent standardized format before use in any election. 

 (f) Ballot images and cast vote record access shall be recorded via an audit log which shall show when, how and by whom ballot images and cast vote records were accessed.

 (g) If the electronic ballot counting device allows, the clerk shall provide for an identifying indicator to be linked to ballots or ballot images or both, that when combined with access to the cast vote record shall allow a person a reasonable basis to independently confirm tabulation results. An identifying indicator shall not be linked to a voter. 

 (h) Where there are fewer than 10 absentee ballots or fewer than 10 of another identifiable ballot design, such ballot images and cast vote records shall be exempt from the provisions of RSA 91-A:4, III-a.

 (i) The clerk or secretary of state may charge a fee equal to the actual cost for providing electronic media if it is necessary to transfer data to a requestor.

 (j) Cast vote records shall be available in a sortable format.

 (k) Local election officials shall not be liable for any personal identifying information, handwritten statements, or other notations made by the voter that are included in the ballot images.

 (l) Any person who knowingly uses any combination of election records to reveal how another person voted without that person's written consent shall be guilty of a misdemeanor. 

 (m) Contents of an image or cast vote record as marked by the voter shall not be altered. Any person who violates this subparagraph shall be guilty of a misdemeanor. 

 (n) Election officials who fail to release ballot images and cast vote records within the required 48-hour time frame shall be liable for a civil fine of $250 to $1,000 for each separate violation. Each day past the deadline or each record not released as required shall constitute a separate violation. Fines shall be deposited into the election fund established in RSA 5:6-d. 

 (o) In this section, "cast vote records" means electronic records of the voters' selections as captured by an electronic ballot counting device from a ballot or a ballot image that cannot be linked to a specific voter. 

 3 Write-In Votes. Amend RSA 659:17 to read as follows: 

 659:17 Marking the Ballot; Instructions to Voters. The secretary of state shall provide on the top of the general election ballot the following voting instructions. The secretary of state is authorized to replace the phrase "Make the appropriate mark" with an appropriate