New Hampshire Poll Workers: Rules and Constraints

In New Hampshire, poll workers play a vital role in administering elections. Their duties include greeting and checking in voters, directing lines, and handing out ballots. For elections to run smoothly, it is critical that local officials appoint enough qualified individuals to serve as poll workers. It is equally critical, however, that these poll workers serve in an impartial and non-disruptive manner.

Recent media reports have identified efforts around the country to recruit individuals who subscribe to falsehoods about elections as poll workers. To be sure, no poll worker should be prevented from participating in the electoral process based solely on their political beliefs. State and local officials can, however, take reasonable steps to ensure that poll workers are willing to and do, in fact, set aside any personal or partisan beliefs, follow the law, and faithfully carry out the duties of their position.

New Hampshire, like other states, already has many guardrails in place to stop poll workers from disrupting election processes. These guardrails are detailed below, along with further actions that local officials can take to prevent disruptions.

Legal Constraints on Poll Workers

Eligibility

All poll workers must go through the appointment process and satisfy bipartisan representation requirements. In New Hampshire, several types of town election officers footnote1_4883690 1 N.H. Rev. Stat. Ann. § 652:14 (2021) (defining election officer to mean any moderator, deputy moderator, assistant moderator, town clerk, deputy town clerk, city clerk, deputy city clerk, ward clerk, selectman, supervisor of the checklist, registrar, or deputy registrar).  oversee elections: moderators footnote2_j7620cq 2 N.H. Const. II, art. 32; N.H. Rev. Stat. Ann. § 659:60.  (the election officer in charge of the polls and voting), supervisors of the checklist footnote3_crhph7g 3 N.H. Rev. Stat. Ann. § 652:15 (2021).  (a board of registrars or similar body that registers voters), selectmen footnote4_n8kpstb 4 N.H. Rev. Stat. Ann. § 41:8 (2021)  (the governing body), and clerks footnote5_cznz34t 5 N.H. Rev. Stat. Ann. § 41:16.  (who oversee a variety of election administration processes). In cities, city clerks establish uniform practices for polling places and are supported by ward moderators, ward selectmen, ward clerks, and supervisors of the checklist. footnote6_8i9s7ae 6 N.H. Rev. Stat. Ann. §§ 48:2, 659:9-a (2021); N.H. D’ept of State, N.H. Election Procedure Manual 128 (2022), available at https://www.sos.nh.gov/sites/g/files/ehbemt561/files/inline-documents/sonh/epm-2022_2023-ada.pdf [hereinafter N.H. Election Procedure Manual]. See also generally N.H. Election Procedure Manual 126–135 (2022).  Two types of poll workers support these town and city officers: inspectors of elections and ballot clerks. footnote7_a3j52bp 7 N.H. Rev. Stat. Ann. §§ 658:2, 658:25 (2021); N.H. Election Procedure Manual 136–42.  Ballot clerks process voters in the check-in line and distribute ballots. footnote8_f5pct8c 8 N.H. Rev. Stat. Ann. § 658:25 (2021); N.H. Election Procedure Manual 137.  Most inspectors of elections serve as ballot clerks (the terms “inspector of elections” and “ballot clerk” are sometimes used interchangeably), but inspectors may also perform different, additional duties at the polling place. footnote9_24oka2h 9 N.H. Rev. Stat. Ann. §§ 658:2, 658:25 (2021); N.H. Election Procedure Manual 136–42.

Inspectors of elections are appointed for two-year terms from August 1 of the year they are appointed until a successor is appointed. footnote10_83t44rw 10 N.H. Rev. Stat. Ann. § 658:4 (2021).  Under New Hampshire law, inspectors may be appointed in one of two ways: (1) between May 15 and July 15 of a general election year, each state political committee of the two political parties that received the largest number of votes for governor at the previous general election may appoint two or more footnote11_aj5018e 11 If the number of voters qualified to vote at a polling place exceeds 2,000, each political party may appoint one additional inspector for every 1,500 qualified voters or fraction thereof in excess of 2,000. N.H. Rev. Stat. Ann. § 658:2 (2021). Each party also may appoint equal numbers of additional inspectors as the moderator “considers necessary for the efficient conduct of the election.” Id.  inspectors to serve at each polling place; or (2) if no appointments are made by the parties by July 15, town or ward selectmen make appointments in equal numbers (when possible) from the two political parties. footnote12_khe18q3 12 N.H. Rev. Stat. Ann. § 658:2 (2021); N.H. Election Procedure Manual 136.  In practice, moderators recruit poll workers with the assistance of clerks. footnote13_qs26dxl 13 N.H. Election Procedure Manual 256.

At the opening of the polls, the moderator designates at least two inspectors — one from each party — to serve as ballot clerks for that election. footnote14_akld9o5 14 N.H. Rev. Stat. Ann. § 658:25 (2021); N.H. Election Procedure Manual 137.  Moderators may assign other election officers to serve as ballot clerks, including assistant moderators (appointed by the moderator as needed). footnote15_3x61s3e 15 N.H. Rev. Stat. Ann. § 658:7 (2021); N.H. Election Procedure Manual 127, 136–37.

Poll workers must meet certain eligibility requirements under New Hampshire law. New Hampshire law provides that election inspectors — including inspectors who serve as ballot clerks — must be registered to vote at the polling place where they serve. footnote16_x73xg03 16 N.H. Rev. Stat. Ann. § 658:3 (2021).  Assistant election officials, whom the moderator may assign to ballot clerk duties, must be at least 17 years old on the date they begin performing their duties. footnote17_e581o4j 17 N.H. Rev. Stat. Ann. §§ 658:7–7-a (2021).  If an election inspector is on the ballot for an elected position other than that of an election official, state law prohibits them from handling marked ballots, counting votes, and standing within the area designated for ballot counting. footnote18_7x96hkh 18 N.H. Rev. Stat. Ann. §§ 658:24, 659:58 (2021); N.H. Election Procedure Manual 15–16.  If assistants serving as ballot clerks are on the ballot for an elected position other than that of an election official, they are disqualified from serving in any capacity. footnote19_zocrpho 19 Id.

Poll workers must be willing to follow applicable laws and procedures. Under New Hampshire law, election inspectors and assistants assigned to election duties must take an oath to “bear faith and true allegiance to the United States of America and the state of New Hampshire” and “support the constitution thereof,” as well as faithfully and impartially perform their duties. footnote20_ulor25o 20 N.H. Const. pt. II, art. 84; N.H. Rev. Stat. Ann. §§ 658:4, 658:7 (2021); N.H. Election Procedure Manual 72.

Poll workers must complete training requirements. In New Hampshire, moderators and city clerks are charged with ensuring that poll workers understand their responsibilities and provide training prior to Election Day. footnote21_tlqfkq3 21 N.H. Rev. Stat. Ann. § 659:9 (2021); N.H. Election Procedure Manual 71, 141, 256.  Town and ward clerks may also assist with or provide training. footnote22_b56ubcf 22 N.H. Election Procedure Manual 141, 256. Moderators or clerks may delegate training to other election officials. Id. at 141.  For training purposes, the secretary of state prepares an up-to-date manual on New Hampshire election laws and procedures prior to each state general election, and may also provide webinars and regional training sessions. footnote23_zlq2jd8 23 N.H. Rev. Stat. Ann. § 652:22 (2021).

Chain of Command

All poll workers must answer to their designated election officers. As detailed above, moderators (assisted by clerks and selectmen) oversee the polling place and ensure that enough election inspectors and ballot clerks are recruited, appointed, and trained, and that they properly perform their duties on Election Day. footnote24_m9ebwbn 24 N.H. Rev. Stat. Ann. §§ 658:2, 658:5, 658:7, 659:9 (2021); N.H. Election Procedure Manual 141; see also, generally id. at 143–88, 233–268.  When towns or city wards choose to create additional polling places, an assistant moderator and assistant clerk carry out the same duties as moderators and clerks at the original polling place and oversee election inspectors and ballot clerks. footnote25_9824ddm 25 N.H. Rev. Stat. Ann. § 658:14 (2021); N.H. Election Procedure Manual 2.  Further, as set forth by the secretary of state elections manual, poll workers take their oath of office to “ensure the individual understands that he or she is agreeing to fulfill the duties assigned by law to the office/position and that he or she will be subject to the consequences established in the law for knowingly failing to perform those duties.” footnote26_5tlxi6w 26 N.H. Election Procedure Manual 72.  Poll workers who violate the oath must be dismissed from their position. footnote27_4y6rxys 27 N.H. Rev. Stat. Ann. § 92:2 (2021).  Accordingly, poll workers must answer to the law and instructions of their designated election officers on Election Day.

Poll workers are tasked with specific duties to create a clear chain of command structure. On Election Day, at least two ballot clerks (one from each political party) work under the moderator’s supervision to check in voters and hand out ballots pursuant to a detailed set of procedures outlined by the secretary of state. footnote28_srtpigf 28 N.H. Rev. Stat. Ann. § 658:25 (2021); N.H. Election Procedure Manual 409.  In practice, moderators may choose to have two or more shifts of ballot clerks to account for individuals with limited schedules. footnote29_cdiwwsp 29 N.H. Election Procedure Manual 127.  If election inspectors do not serve as ballot clerks, the moderator may assign them other duties including assisting voters in marking their ballots, directing the formation of lines at the poll entrance, keeping voting booths clear of electioneering materials, and relieving ballot clerks. footnote30_h0gzk0d 30 N.H. Rev. Stat. Ann. §§ 658:25, 659:20 (2021); N.H. Election Procedure Manual 137.  Pursuant to the secretary of state elections manual, best practices dictate that the moderator assign at least one election inspector as a greeter to assist arriving voters and direct them to the correct check-in station. footnote31_j6dx8pt 31 N.H. Election Procedure Manual 127, 161–62.

Following Applicable Laws

New Hampshire poll workers are further constrained by their duty to follow applicable federal, state, and local election laws. Failure to do so may violate their oath of office, warrant removal, and result in criminal liability. footnote32_hfnjkez 32 N.H. Const. pt. II, art. 84; N.H. Rev. Stat. Ann. §§ 92:2, 658:4, 658:7; 659:37, 659:40, 659:42 (2021); N.H. Election Procedure Manual 72.

Poll workers may not intimidate or harass voters. Federal and state law prohibit actual or attempted intimidation, threats, or coercion against a voter for the purpose of interfering with the right to vote. footnote33_mm1ujg5 33 See, e.g., 52 U.S.C. §§ 10101(b), 10307(b); 42 U.S.C. § 1985(3); 18 U.S.C. § 594; N.H. Rev. Stat. Ann. § 659:40 (2021).  Violators are subject to significant criminal and civil penalties. footnote34_e3xxpj5 34 Id.  New Hampshire law further makes it a felony offense to bribe voters, induce a voter to show how they have marked their ballot, and interfere or attempt to interfere with any voter within the guardrail area of the polling place (separating the voting area from the public area). footnote35_ifl5ppf 35 N.H. Rev. Stat. Ann. §§ 659:37, 659:40 (2021).  Examples of prohibited intimidation may include, without limitation, using insulting, offensive, or threatening language or raising one’s voice. footnote36_m2gxpr1 36 See, e.g., U.S. Dep’t of Justice, Federal Law Constraints on Post-Election “Audits” (2021), https://www.justice.gov/opa/press-release/file/1417796/download (explaining federal voter intimidation laws and explaining that intimidation may be in the form of both physical and non-physical threats); see also Institute for Constitutional Advocacy and Protection, Georgetown Law, Fact Sheet: Protecting Against Voter Intimidation, https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/10/Voter-Intimidation-Fact-Sheet.pdf (last visited October 10, 2022).

Poll workers may not disrupt elections through disinformation. As detailed above, New Hampshire law requires poll workers to take an oath to faithfully and impartially perform their duties. footnote37_dfg55zc 37 N.H. Const. pt. II, art. 84; N.H. Rev. Stat. Ann. §§ 658:4, 658:7 (2021); N.H. Election Procedure Manual 72.  It also prohibits any person — including poll workers — from engaging in voter suppression by knowingly attempting to prevent or deter another person from voting or registering to vote based on “fraudulent, deceptive, misleading, or spurious grounds or information.” footnote38_laorak5 38 N.H. Rev. Stat. Ann. § 659:40 (2021).  This prohibition explicitly includes “[a]ttempting to induce another person to refrain from registering to vote or from voting at the proper place or time by providing information that he or she knows to be false or misleading about the date, time, place, or manner of the election.” footnote39_b6xqqz1 39 Id; see also, e.g., United States v. North Carolina Republican Party, No. 5:92-cv-00161 (E.D.N.C. Feb. 27, 1992) (approving a consent decree in a case in which the United States alleged that defendants violated Section 11(b) of the Voting Rights Act by sending postcards with false information about voting requirements and a warning that giving false information to an election official is a federal crime to voters in predominantly Black precincts).  Accordingly, spreading false information about who can vote, how and when they can vote, and other aspects of voter eligibility and the voting process may therefore violate the law and warrant removal.

Poll workers may not engage in electioneering. New Hampshire law prohibits poll workers from electioneering within the polling place building. footnote40_dq501q1 40 N.H. Rev. Stat. Ann. §§ 659:43, 659:44 (2021).  Electioneering includes wearing clothing or paraphernalia that displays a candidate’s name, likeness, or logo, a party’s name or logo, or any form of communication that a reasonable person would believe explicitly advocates for or against any candidate, political party, or measure. footnote41_3wcgrob 41 N.H. Rev. Stat. Ann. §§ 659:43, 652:16-h (2021).

Poll workers do not have the discretion to determine who can vote. New Hampshire law does not provide a substantive role for election inspectors or ballot clerks in the challenge process. footnote42_bplcwq5 42 See generally N.H. Rev. Stat. Ann. § 659:27 (2021); N.H. Election Procedure Manual 279–82.  They have no independent right and no discretion to determine who can vote and which ballots can count, other than following the law and instructions of their moderator, clerk, and supervisors of the checklist. footnote43_lqsxyyf 43 Id.; see also N.H. Rev. Stat. Ann. § 659:12 (2021).  Further, the impartiality requirement within the oath of office underscores that all poll workers must “treat all voters equally and with respect at all times.” footnote44_mq3fwz8 44 N.H. Election Procedure Manual 126.

Poll workers may not tamper with ballots or electronic ballot counting devices. New Hampshire law prohibits forging or creating false ballots, removing any ballot from outside the guardrail located within the polling place before the close of the polls, and knowingly delaying the delivery of any ballots. footnote45_18agg1r 45 N.H. Rev. Stat. Ann. § 659:38 (2021).  It also makes it a felony offense to tamper with or injure any electronic ballot counting device so as to cause an incorrect counting of the ballots, or to give a key to any such machine to an unauthorized person. footnote46_lcz9yxw 46 N.H. Rev. Stat. Ann. § 659:42 (2021).  Further, it is a felony offense to take away, injure, or destroy the ballot box or checklist when in use at an election. footnote47_4qua25r 47 N.H. Rev. Stat. Ann. § 659:41 (2021).

Poll workers must complete certain tasks in two-person teams. To ensure impartiality and fairness, state rules and procedures require that poll workers complete certain tasks in two-person teams. For example, each check-in station at a polling place must be staffed with at least two ballot clerks, one affiliated with each political party (when possible). footnote48_bm0txk8 48 N.H. Rev. Stat. Ann. § 658:25 (2021); N.H. Election Procedure Manual 127.  And after counting ballots at additional polling places, one ballot clerk from each party must watch the assistant moderator place and seal the counted ballots back into the ballot box. footnote49_3bkiufx 49 N.H. Rev. Stat. Ann. § 659:59 (2021); N.H. Election Procedure Manual 101.

Available Enforcement Mechanisms

Screening process. As detailed above, moderators, clerks, selectmen, and state political parties all work together to recruit election inspectors and ensure that enough are appointed. In executing this process, these election officers may choose to develop clear election inspector screening guidelines to ensure that applicants understand their roles and positions within the chain of command and are willing to follow all applicable laws and procedures. Moderators may also choose to develop similar screening plans for appointing ballot clerks on Election Day.

Training content. As noted above, moderators and city clerks (and/or town and ward clerks in some instances) provide training to poll workers before the election. These trainings should remind poll workers about relevant laws and rules, including their duty to answer only to their proper chain of command. They also provide an opportunity to clearly explain the checks in place to prevent voter fraud or manipulation of the election process and offer context to correct rumors and misperceptions.

Removal procedures and filling vacancies. In the event that a poll worker violates their oath of office and must be dismissed, they can and should be immediately removed. footnote50_oj77ef7 50 N.H. Rev. Stat. Ann. § 92:2 (2021).  To ensure that enough poll workers are on hand in the event of a removal or other vacancy, New Hampshire law provides that political parties may submit a list of alternates prior to Election Day, and selectmen may also work with the moderator and clerk to put together a replacement pool of inspectors. footnote51_ui9pbk8 51 N.H. Rev. Stat. Ann. § 658:5 (2021); N.H. Election Procedure Manual 294.  And if vacancies occur that cannot be filled by the parties or selectmen, a justice of the municipal or district court may step in to appoint inspectors. footnote52_7gm2mef 52 N.H. Rev. Stat. Ann. §§ 658:5, 658:6 (2021).  If a last-minute vacancy requires moderators to recruit untrained poll workers, the secretary of state’s office recommends pairing them with experienced poll workers. footnote53_eabbqkz 53 N.H. Election Procedure Manual 299.

Oath of office. The oath of office provides a strong legal basis for preventing and addressing abuses by poll workers. footnote54_fcougte 54 N.H. Const. pt. II, art. 84; N.H. Rev. Stat. Ann. §§ 92:2, 658:4, 658:7, 659:34 (2021); N.H. Election Procedure Manual 72.