Tied New Hampshire State House race to be clarified by Legislature
The Republican majority in the New Hampshire House will be just one or two seats after the recount and appeals process ended Monday.
The Ballot Law Commission considered lingering issues Monday in the counts of some races. Richard Chamberlain, Brentwood town moderator for more than 40 years, took accountability for 27 absentee ballots that went uncounted in his town on election night due to an error.
The commission unanimously ruled for the secretary of state to open and count the votes, which ultimately did not change the outcome of a narrowly decided state representative race.
The review of the rare situation was the end to a high-drama two weeks of House recounts and appeals.
"Well, this really has been a record in terms of the number of recounts that we've had to do," said Secretary of State David Scanlan.
The most important development Monday was a hearing that didn't happen. Candidates in a tied state representative race in Rochester agreed to withdraw their appeal to the commission to take their case directly to the newly elected House, which can either break the tie or call for a special election.
"I assume -- you know, I was speaker at one point -- I assume no matter what the strength of the majority is, that we ought to go back to the voters," said Bill O'Brien, an attorney for Republican candidate. "The voters haven't reached a decision."
The post-election process, which included a quick but bitterly contested legal fight over a recount do-over for a Manchester state representative race, played out entirely in public under intense bipartisan scrutiny.
Some said they believe there's room for improvement.
"We probably need some reforms here," said William Christie, legal counsel for the New Hampshire Democratic Party. "Everyone does the best that they can, but there's some decision-making along the line that probably needs further review."
Scanlan said that overall, the system worked as intended. One of the co-chairs of the secretary's Special Committee on Voter Confidence said the Granite State electorate speaks for itself every two years better than anyone else is able to.
"I think in the big picture, the 2022 election could be the whole report of the Voter Confidence Commission," said Bradford Cook, chairman of the Ballot Law Commission.