Qbncgr t1_iwo2t7g wrote on November 17, 2022 at 1:48 AM

Reply to comment by realnrh in NH statehouse election cannot get any closer by GraniteGeekNH

They still have some challenged ballots to go over. If it’s still tied after that, iirc the House decides the winner.

realnrh t1_iwo3r1s wrote on November 17, 2022 at 1:55 AM

Yes, that's what the news articles were saying. But I went to go look up the exact law about how to handle ties for a House seat, and couldn't find language saying that ties for House seats go to a joint session of the House and Senate the way Senate, EC, and Governor ties would. I thought I'd toss it out here and see if someone could find the correct statute or section of the constitution that governs House ties.

Qbncgr t1_iwpwyqx wrote on November 17, 2022 at 1:54 PM

Part 2, Art 5 reads in part: “provide by fixed laws for the naming and settling, all civil officers within this state, such officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for;…”

And then the best I can find is RSA 660.24 https://www.gencourt.state.nh.us/rsa/search/default.aspx

So it looks like 660.24 points to the constitution and P2Art5 gives them the authority.

It’s weird because a Senate tie is clearly spelled out in the constitution: [Art.] 34. [Vacancies in Senate, How Filled.] And in case there shall not appear to be a senator elected, by a plurality of votes, for any district, the deficiency shall be supplied in the following manner, viz. The members of the house of representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district; and in this manner all such vacancies shall be filled up

realnrh t1_iwq2gul wrote on November 17, 2022 at 2:36 PM

That's exactly the point I got to. It's very specific about Senate ties, but not about what the procedure is for ties in the House. I agree that it's weird, and that was why I wondered if I was just overlooking some relevant section.

ssj2killergoten t1_iwpkhhw wrote on November 17, 2022 at 11:53 AM

In the constitution it just says the house will have the right to decide who is seated. If you search for the word “elect” you’ll find it. It’s just one line. I assume there is case laws that builds out from there.