This bill mandates that the Secretary of State conduct audits of ballot counting devices after each state primary, general election, and presidential primary. The Secretary of State is tasked with developing policies, procuring equipment, and arranging technical assistance to support the audit process. A minimum of 8 ballot counting devices will be randomly selected for auditing, and the selection process will be confidential until after the polls open on election day. The audit teams will consist of at least two individuals, one trained in the audit process and the other an elected election official, with the possibility of including technical experts. The audits will be public, but only team members may handle ballots or audit equipment. The results of the audits must be made available before noon on the Friday following the election, and any significant discrepancies may lead to an expanded sample size or a full hand recount.

The bill also amends RSA 659:36 to include auditors in the provisions regarding the marking of ballots by election officers. It specifies that no marks shall be placed on any ballot by election officers or auditors, except as provided in the relevant sections of the law. Violation of this section is classified as a misdemeanor. Additionally, the Secretary of State is required to publish all recount and audit procedures and complete any audits before the commencement of a recount. The act is set to take effect on July 3, 2024.

Statutes affected:
As Amended by the Senate: 659:36
Version adopted by both bodies: 659:36
CHAPTERED FINAL VERSION: 659:36