Town meeting statutes: be a better informed attendee

By Otis on March 10, 2009 6:41 PM | Permalink | Comments (0) | TrackBacks (0)

   40:4-a Secret Ballot. –
    I. (a) At any meeting of a town with a population of more than 500, 5 voters who are present may make a request in writing prior to a vote by voice vote or division vote that the vote be taken by secret written ballot. Upon receiving such a request, the moderator shall conduct the vote by secret ""yes-no'' ballot.
       (b) Notwithstanding any other provision of law, on the request of 5 voters who are present, the moderator shall conduct a recount on any vote taken by secret written ballot under subparagraph (a). The recount shall take place immediately following public announcement of the vote taken providing that the vote margin is not more than 10 percent of the total vote cast. There shall be no fee required for a recount under this section.
    II. At any meeting of a town of a population 500 or less, 3 voters who are present may request secret balloting or recounting as provided in paragraph I.

Source. 1971, 524:1. 1994, 71:1, eff. July 5, 1994. 2006, 117:1, eff. July 9, 2006.

40:4-b Questioning a Vote. – When any vote, other than by ballot, declared by the moderator or other officer presiding shall, immediately and before any other business is begun, be questioned in writing or orally by 7 or more of the voters present, the moderator or other officer presiding shall retake the vote by secret ""yes--no'' ballot.

Source. 1971, 524:1, eff. July 7, 1971.

    40:10 Optional Restriction on Reconsideration. –
    I. A town may, at any time during a meeting, and without notice in the warrant, vote to restrict reconsideration of any one or more votes previously taken at that meeting, or warrant articles previously considered at that meeting. No vote or article which has been restricted under this section, nor the restriction itself, shall be reconsidered during that meeting or any adjourned session of such meeting, except as provided in paragraph II.
    II. Upon approval of a motion to reconsider any vote or warrant article subject to such a restriction, actual reconsideration shall take place at an adjourned session of the meeting, held at least 7 days after the date on which the motion to reconsider was approved. Notice of the date, time and place where the adjourned session is to be held shall be given by announcement prior to the close of the session at which the motion to reconsider was approved, and shall also be published in a newspaper of general circulation in the municipality at least 2 days before the reconsideration.
    III. A restriction adopted under this section shall continue until final adjournment of the meeting at which it is adopted, or any adjourned session of such meeting.
    IV. A restriction adopted under this section shall apply to any subsequent action by the meeting which alters or modifies the result of the restricted vote, or which involves the same subject matter as does the restricted vote or warrant article, regardless of whether or not the term ""reconsider'' is actually used.
    V. This section shall apply to town meetings, village district meetings under RSA 52, cooperative school district meetings under RSA 195, and school district meetings under RSA 197.

Source. 1991, 284:2; 1992, 244:1, eff. July 12, 1992. 1996, 64:1, eff. July 1, 1996.

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