The Constitution of the State of New Hampshire was created in 1783. Just like the Constitution is the basis of all laws for the United States, a state Constitution is the law of the land unless legally amended.
There have been amendments to the Constitution of New Hampshire. But none concerning the handling of ballots in all elections in our state.
Section 2 Article 32 governs the counting of votes, and it is specific:
[Art.] 32. [Biennial Meetings, How Warned, Governed, and Conducted; Return of Votes, etc.] The meetings for the choice of governor, council, and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and wards present, and qualified to vote for senators; and shall, in said meetings, in presence of the said selectmen, and of the town or city clerk, in said meetings, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person; and the town or city clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of state, within five days following the election, with a superscription expressing the purport thereof.
In 1979, the state legislature passed N.H. RSA 656:40 to allow local towns to use electronic voting machines on a trial basis in direct violation of Part II, art. 32. This statute should never have been allowed. A statute cannot override the Constitution without first amending the Constitution.
The fact that this statute was to be temporary has no bearing. The RSA is unconstitutional and could possibly render the election null and void if electronic voting machines are used in a particular city or town.
On February 24, a Memorial and Remonstrance signed by ten citizens of New Hampshire, one from each county, was served to the Governor, Secretary of State, and the Department of Justice in Concord.
This document is a method provided for in the Constitution for the people to hold the officers of the state personally responsible if the state violates the Constitution. By the “law of the land” the state legislature must be called to convene, and must hear and rule on the claim spelled out in this document. If they do not, legal redress may be possible via the NH Supreme Court in the form on an injunction in place prohibiting the use of electronic voting machines in any election in New Hampshire.
This favorable ruling by the Legislators and/ or injunction will be a significant victory for the people of New Hampshire and hopefully motivation to other states to find similar ways in their states to stop the use of electronic voting machines and bring integrity back to our election process.
The good people of New Hampshire owe the ten signers of the Memorial and Remonstrance a sincere thank you and congratulations for their efforts. Convention of States is particularly proud that Al Brandano, our Assistant State Director, represented Rockingham County in this effort.
