Where are the Absentee Voter Affidavits?

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Op-Ed

Where are the Absentee Voter Affidavits required by New Hampshire Law, codified in statute RSA 659:30? The current N.H. voting statute RSA 659:30 establishes that affidavits required by election statutes must be sworn before any person authorized by law to administer an oath.


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Every absentee ballot must be accompanied by an affidavit sworn before an official authorized by law to administer an oath, which currently does not happen. The witness signature line for a public official to certify the election law requirements has been removed. Why?

The current N.H. voting law NH RSA 659:50 I. (b) requires that the moderator may only remove an absentee ballot from its envelope if there is a lawfully executed affidavit. An absentee ballot void of a supporting affidavit, must be declared defective for failure to execute a lawful affidavit. The state can call an absentee return envelope an affidavit all it wants, but an envelope signed by a person claiming to be voter without the certification of public official authorized by law to do so, is not lawful. Why is this happening?

Part II, article 32 of the Constitution of New Hampshire requires that the moderator …shall, in said meetings, in presence of the said selectmen, and of the town or city clerk sort and count the said votes, and make a public declaration thereof.

Failure of the moderator to declare an absentee ballot envelope defective for lack of a lawfully executed affidavit is malfeasance of office, as the law requires that it must be put aside as defective. The moderators of every town in this state, in the last 3 elections removed the absentee ballots from their envelopes, and put them into unconstitutional voting machines, why did they do this in direct violation of our election laws.

New Hampshire Election Law, RSA 666:2, defines malfeasance under section: I. A moderator, supervisor of the checklist, selectman or town clerk shall be guilty of a misdemeanor if at any election: He shall knowingly receive an illegal ballot void of an affidavit required by law. And, the moderators committed another crime by putting an illegal absentee ballots into the voting machine and mixing it with the legal votes cast, which violates NH RSA 666:2

VI: “He shall knowingly add any illegal vote to the number of legal votes cast;” Also, the moderator, the selectman or town clerk in the state are in violation of NH RSA 666:2 VI. If, He shall fraudulently declare the state of the vote in the election of any officer. And,

The cover up. Once an absentee ballot is separated from an application for an absentee ballot, the return envelope provided by the town or the Secretary of State, and then inserted into the voting machine becomes impossible to challenge the absentee ballots, nor can they be reconciled with the original absentee ballot envelope upon challenge, as the absentee ballot is now mixed with all the other ballots, making it impossible to verify the legality of any absentee ballot. As of today, all absentee ballots return envelopes used since the 2020 elections where illegal as there is no proof of a lawful execution an affidavit, as there is no signature line on them, therefore, no signature of any official authorized by law to do so.

According to former Secretary of State William Gardner the 2020 elections saw an increase in absentee votes from the previous elections of 2014, 2016, and 2018, which averaged 4%. The legislature passed HB 1266 in 2020, during the covid-19 lockdown, and the Governor signed it into law, which increased absentee voter turnout to 30.4%. How do we, the people, hold these public servants accountable? Here is the remedy provided by law.

The Towns, Cities, Village Districts, and Unincorporated Places require an Oath and a Bond, Title III, Chapter 37: Before entering upon the duties of his office, the town manager shall be sworn to the faithful and impartial performance thereof, and a certificate to that effect shall be filed with the town clerk; and he shall execute a bond in favor of the town for the faithful performance of his duties in such sum and with such surety or sureties as may be approved by the selectmen.

42:1 Oath Required. – Every town officer shall make and subscribe the Oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire and any such person who violates said Oath after taking the same shall be forthwith dismissed from the office involved.

42:1-a Manner of Dismissal… –
I. The manner of dismissing a town officer who violates the OATH as set forth in RSA 42:1 shall be by petition to the superior court for the county in which the town is located.

666:3 Official Misconduct. –
I. (a) Any public officer upon whom a duty relating to elections is imposed who shall knowingly fail to perform such duty or who shall knowingly perform it in such a way as to hinder the objects thereof shall be guilty of a misdemeanor if no other penalty is provided by law.

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