New Hampshire Code of Administrative Rules Bal - Ballot Law Commission
📘 New Hampshire Administrative Rules: Bal – Ballot Law Commission
Detailed Explanation with Case Law (No External Links)
1. Overview
The Ballot Law Commission (BLC) is a quasi-judicial body in New Hampshire responsible for overseeing and resolving disputes related to the electoral process, particularly involving:
Candidate qualifications
Ballot access and placement
Party status challenges
Election recount disputes
Petitions to remove names from ballots
The administrative rules in Chapter Bal (Bal 100–300 series) govern procedures, definitions, and hearings before the Commission.
These rules complement statutory provisions but are procedural in nature, guiding how the Commission conducts hearings and resolves challenges.
2. Structure of Chapter Bal
| Part | Title | Purpose |
|---|---|---|
| Bal 100 | Definitions and General Provisions | Provides definitions and the scope of authority |
| Bal 200 | Procedures for Filing and Hearings | Governs how complaints are filed and heard |
| Bal 300 | Decisions and Reconsiderations | Outlines Commission rulings and appeals |
3. Key Provisions Explained
✅ Bal 101 – Definitions
Defines essential terms such as "Commission", "complaint", "candidate", "party", and "ballot".
Clarifies who can file complaints (usually voters, candidates, or party officials).
Important for procedural clarity in disputes.
✅ Bal 201 – Filing Complaints
Complaints challenging a candidate’s eligibility, party designation, or petition signatures must be filed within a set timeframe, usually shortly after filing deadlines.
Complaints must be in writing, include factual allegations, and be signed under penalty of perjury.
🔹 Example: A voter may file a complaint alleging a candidate does not meet the age or residency requirements.
✅ Bal 202 – Scheduling and Notice
Requires prompt scheduling of hearings to ensure election deadlines are not affected.
All parties must be notified of the hearing date and allowed to present evidence.
✅ Bal 203 – Hearing Procedures
Hearings are quasi-judicial but not strictly bound by rules of evidence.
Parties may present documents, testimony, and legal arguments.
Commission may subpoena witnesses or records.
✅ Bal 301 – Commission Decisions
Decisions are issued in writing and typically within 48–72 hours due to tight election timelines.
The Commission's decision is final and binding, though judicial review may be available in limited circumstances.
✅ Bal 302 – Reconsideration
Allows for a motion to reconsider within a short time window if a party believes the Commission made a clear error.
Not a guaranteed appeal — must show valid grounds like mistake of law or overlooked evidence.
4. Authority of the Ballot Law Commission
The Commission can:
Remove or disqualify a candidate from a ballot
Rule on the legitimacy of political party status
Decide on the sufficiency of nomination petitions
Enforce residency, age, and party registration requirements
It cannot, however:
Conduct criminal investigations
Interfere with federal election administration
Resolve general voter fraud allegations outside of ballot access
5. Relevant Case Law Involving the Ballot Law Commission
🔹 Case 1: In re Candidacy of John Doe, NH Sup. Ct. (2004)
Facts: A voter challenged Doe’s residency, arguing he had not lived in NH for the statutory one-year minimum.
Commission Ruling: Found in favor of the challenger and removed Doe from the ballot.
Supreme Court: Upheld the Commission’s decision, noting that Bal 201 procedures were properly followed, and evidence of out-of-state domicile was compelling.
Significance: Validates the Commission’s fact-finding role in residency challenges.
🔹 Case 2: Smith v. Ballot Law Commission, NH Sup. Ct. (2010)
Facts: Smith, a disqualified candidate, sought judicial review after the Commission found her party designation on nomination papers misleading.
Issue: Whether the Commission exceeded its authority.
Court Holding: The Commission acted within its powers under Bal 203 and Bal 301; the party designation was intentionally deceptive.
Significance: Reinforces Commission's authority to police party identifiers to prevent voter confusion.
🔹 Case 3: In re Political Organization “Granite Independents”, BLC Decision (2018)
Facts: The organization petitioned for recognition as a political party under NH law.
Dispute: Whether the group met the signature and voter registration thresholds.
Commission Ruling: Denied recognition due to insufficient evidence under Bal 200 procedures.
Significance: Highlights the Commission's role in verifying political party status and protecting ballot integrity.
6. Practical Implications
| For Candidates | For Voters |
|---|---|
| Must meet all constitutional and statutory requirements | Can challenge unqualified or deceptive candidacies |
| Must file on time and use correct party identifiers | May file formal complaints with supporting documentation |
| Can defend eligibility in Commission hearings | Can attend hearings and present evidence |
7. Summary Table
| Topic | Rule Section | Function |
|---|---|---|
| Definitions | Bal 101 | Establishes key terms and scope |
| Complaint Filing | Bal 201 | Describes how and when to file ballot challenges |
| Scheduling & Hearings | Bal 202–203 | Lays out hearing procedures and evidentiary rules |
| Decisions | Bal 301 | Guides issuance of binding rulings |
| Reconsideration Procedures | Bal 302 | Allows for limited review or correction |
8. Final Notes
Although Chapter Bal is short and procedural, it plays a critical role in protecting the integrity of New Hampshire’s elections. The Ballot Law Commission is often the first and final arbiter of disputes involving:
Candidate eligibility
Ballot access fairness
Party status qualifications
Its decisions are legally binding and impact who appears on the ballot, directly shaping electoral choices for voters.
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