Current through Reg. 49, No. 38; September 20, 2024
(a) Types of
Elections. Proceedings of the following elections must be submitted with the
first transcript of proposed public securities utilizing the authority acquired
through the election:
(1) an election
authorizing the issuance of public securities;
(2) an election authorizing the levy or
imposition of a tax or other security pledged to the payment of public
securities;
(3) an election
creating or incorporating, or confirming the creation of, an issuer;
(4) an election approving a home rule charter
for a municipality; and
(5)
elections discussed in other subchapters of this chapter. Proceedings of state
elections, including amendments to the Constitution, are not required.
(b) Election Contest
Period. When the proceedings of an election held pursuant to the Election Code
are submitted as part of the record of proceedings, the proposed public
securities will not be approved until the time for filing a petition for an
election contest has expired in accordance with §
RSA
233.006 of the Election Code or, if an
election contest has been filed, a final, nonappealable judicial order that
does not overturn the election has been obtained.
(c) Election Proceedings. Election
proceedings must include the following:
(1)
Official Action Calling the Election. A certified copy of the action taken by
the governing body calling the election; the official action must include the
elements required by all applicable law;
(2) Election Notice. Affidavits of
publication, and/or certificates of posting or mailing, as required by law, of
notice of an election, in English and other languages as required by law with a
copy of the election notice; the election notice must contain the elements
required by applicable law;
(3)
Official Action Canvassing the Election. A certified copy of the action taken
by the governing body canvassing the results of the election, including the
total number of votes for and against a proposition;
(4) Compliance with the Election Code.
Certification as to compliance with the Election Code, including particularly
the giving of notice of an election to the county clerk pursuant to §
RSA
4.008 of the Election Code and the bilingual
requirements of Chapter 272 of the Election Code, or explaining why these
requirements are not applicable to the election; and
(5) Home Rule Charter Election. For an
election approving a home rule charter for a municipality, certification as to
compliance with §
RSA
9.003(b) and §
RSA
9.007 of the Local Government Code.
