State Summary

Prior to 2022, New Hampshire had no audit requirement in place. Following the passage of HB 1467, codified as N.H. Rev. Stat. Ann. § 660:17-b, the state introduced a “recount of additional offices”: an audit of an additional contest in the event of a recount of a state representative contest. In 2024, the legislature passed two audit bills. The audit provision in HB 154, codified as N.H. Rev. Stat. Ann. § 660:32, authorized the secretary of state to conduct audits, while SB 489, codified as N.H. Rev. Stat. Ann. §§ 660:33–35, required the secretary of state to conduct audits.

As of July 2024, New Hampshire must conduct audits following state primaries, general elections, and presidential primaries. The secretary of state randomly selects at least eight “ballot counting devices” to be audited. The audit is conducted using “audit equipment” to rescan the ballots. Two percent of ballots or 50 ballots, whichever is greater, from each audited device must also be examined manually. The results from this manual review are then compared to those from the machine audit.

While the secondary recount detailed in N.H. Rev. Stat. Ann. § 660:17-b remains in force, here we focus on the mandatory audit provisions in N.H. Rev. Stat. Ann. §§ 660:33–35.

Voting Systems Used

New Hampshire uses hand-marked paper ballots with ballot marking devices for accessibility; tabulation is done using optical scanners or hand count. For the most up to date information please visit Verified Voting’s Verifier.

For an explanation on the types of voting equipment used, click here.

Audit Comprehensiveness

Since tabulators are randomly selected for audit, we consider that all ballot types are eligible for audit. (Absentee ballots and provisional ballots are cast on the same tabulators as election day ballots.)

Transparency

The audit is open to the public, though there is no mention in statute of whether the public can see marks on the ballots. N.H. Rev. Stat. Ann. § 660:35.IV. The secretary of state must “make the results of the audits available” by the Friday after election day. N.H. Rev. Stat. Ann. § 660:35.VII.

Audit Counting Method

The audit consists of a mix of a machine and manual count. N.H. Rev. Stat. Ann. §§ 660:35.V–VI. 

Type Of Audit Units

At least eight devices must be randomly selected by the secretary of state to be audited, so we consider the audit unit to be a machine. N.H. Rev. Stat. Ann. § 660:35.I. Note that for the manual review portion of the audit, a random sample of individual ballots—up to 2% of ballots or 50 ballots, whichever is larger—drawn from those machines are examined by hand. The selections on these ballots are then compared to the results obtained from the rescanning of ballots by the audit equipment. N.H. Rev. Stat. Ann. § 660:35.VI.

Contests & Issues Audited

All of the contests on the ballot are audited. See N.H. Rev. Stat. Ann. § 660:35.V.

Addressing Discrepancies

Any discrepancies between the manual and machine audits must be documented. “In the event of significant differences,” the secretary of state may expand the number of ballots audited by hand, up to a full hand count. N.H. Rev. Stat. Ann. § 660:35.VI(b).

For recount laws, please visit our Recount Law Database.

Timeline

The audit results must be published by 12 pm on the Friday after election day, prior to the deadline to request a recount. N.H. Rev. Stat. Ann. § 660:35.VII; see also N.H. Rev. Stat. Ann. § 660:17-c. As a result, we consider the audit to take place before the results are finalized.

Binding On Official Outcomes

Since the statute allows for a full hand recount as part of the audit, we consider it to be binding. N.H. Rev. Stat. Ann. §§ 660:35.VI–VII.

Oversight & Conduct

The secretary of state is charged with conducting the audit, setting audit procedures, and arranging any needed technical assistance for the audit. N.H. Rev. Stat. Ann. §§ 660:33–34. The secretary of state is also responsible for appointing audit team members. Audit teams must include an individual trained by the secretary of state in the audit process and equipment; election officials and technical experts can also participate in audit teams. N.H. Rev. Stat. Ann. § 660:35.III.

Ballot Protection

After the ballots have been tabulated and the results announced, the moderator must place all ballots in containers provided by the secretary of state, seal, and mark the containers, then deliver them to the town or city clerk, who will store the ballots in the town or city or hall. N.H. Rev. Stat. Ann. §§ 659:95–97. Ballots are kept until contests are settled and all appeals resolved. At a minimum, ballots for federal elections are kept for 22 months after an election, other ballots for 60 days. N.H. Rev. Stat. Ann. §§ 33-A:3-a.XXXVI–XXXVIII; see also N.H. Rev. Stat. Ann. §§ 659:95–100.

Additional Targeted Samples

The audit statute does not provide for additional targeted samples.

Resources

N.H. Rev. Stat. Ann. §§ 660:32–35: Audit statute 

N.H. Rev. Stat. Ann. § 660:17-b: “Recount of additional offices”

N.H. Rev. Stat. Ann. §§ 659:95–100 and N.H. Rev. Stat. Ann. §§ 33-A:3-a.XXXVI–XXXVIII: Ballot protection

Last updated: September 11, 2024