The publisher does not state since when this version applies. Read on 2025-03-23.
Copy read on 2026-11-08 from the Internet Archive's copy of 2025-03-23, because the publisher's site refused Solon's reader. It is not the publisher's own copy. The archived copy it was read from
5:1 Department; Secretary; Election and Bond; Transition.
I. There is hereby established a department of state under the executive direction of the secretary of state. The secretary of state shall be chosen biennially in the manner directed in the constitution and in accordance with RSA 14:2-b and shall hold office until a successor is elected and assumes the duties of the office. The secretary of state's duties shall be those of both a legislative branch as well as an executive branch officer. The penal sum of his bond shall be $10,000, and the sureties upon it must be satisfactory to the governor and council.
II. The term of office for the new secretary of state shall begin on the first Wednesday following the first Tuesday in January. The new secretary of state shall assume the duties of office upon taking the oath of office.
III. It shall be the duty of the outgoing secretary of state to make available to the new secretary of state all official documents and vital information necessary for a full and complete understanding of the operation of the department of state.
Source. Const. II, 67, 70. GS 13:1. GL 14:1. PS 15:1. PL 14:1. RL 21:1. 1950, 5, part 4:1. RSA 5:1. 1976, 45:10. 1989, 72:1. 1994, 4:1, eff. May 27, 1994.
The secretary of state may appoint a senior deputy secretary of state who shall serve for not more than 90 days in any one fiscal year. The senior deputy secretary of state appointed under this section shall exercise the duties and functions delegated to him, and all duties and functions exercised by him while so acting shall have the same validity and effect as though performed by the secretary of state.
Source. 1977, 210:1. 1989, 254:1, eff. July 25, 1989.
Subject to the state personnel regulations, and within the limits of available appropriations and funds, the secretary of state may employ a chief clerk and such other clerks and assistants as may be necessary. If a subordinate classified employee's salary exceeds the maximum salary for an unclassified supervisor, the secretary of state is authorized to increase the unclassified supervisor's salary in the amount provided in RSA 94:1-a, III.
Source. 1921, 118:2. PL 14:14. 1931, 77:1. RL 21:14. 1950, 5, part 2:2. 2006, 275:7, eff. June 15, 2006.
The secretary shall arrange methodically, fold uniformly, file, and label all the papers in his office belonging to the state, preserve the same carefully, and give copies thereof, duly authenticated, whenever required and paid for such copies.
Source. Const. II, 68. RS 11:4. CS 11:4. GS 13:5. GL 14:5. PS 15:4. PL 14:2. RL 21:2.
The secretary of state shall, during certain times within his discretion, put on public display in rooms 118 and 119 of the state house the authentic copy of the declaration of independence and bill of rights which he has in his possession. This document shall be displayed under conditions which ensure its security and protection from theft, damage, or destruction. When the document is not on public display, it shall be under the care of the secretary of state.
Source. 1979, 366:1. 1985, 202:1, eff. July 30, 1985.
He shall have the custody of the state seal; and copies of records and papers in his office, certified by him or his deputy and authenticated by the state seal, shall be evidence in like manner as the originals.
Source. RS 11:1. CS 11:1. GS 13:10. GL 14:10. PS 15:5. PL 14:3. RL 21:3.
5:5-b Copies of State Constitution to be Furnished.
The secretary of state is hereby directed to furnish such number of copies of the state constitution to the general public as he or she may deem necessary. The secretary of state may assess a fee to cover costs for bulk orders of copies of the state constitution requested by members of the legislative, judicial, and executive branches as well as members of the public.
Source. 2024, 237:1, eff. July 1, 2025.
The secretary of state shall prepare and distribute the election-related items as provided in the election laws.
Source. RS 11:2. CS 11:2. GS 13:3. GL 14:3. 1885, 94:4. PS 15:7. PL 14:4. RL 21:4. RSA 5:6. 1979, 436:2, eff. July 1, 1979.
The secretary of state shall prepare and distribute an election procedure manual as provided in RSA 652:22.
Source. 1977, 526:1. 1979, 436:3, eff. July 1, 1979.
The secretary of state shall have authority to employ such additional assistants as may be required in carrying out the provisions of the election laws, and all necessary expense thereof shall be paid by the state. All full-time employees and officials in this department shall be eligible for annual and sick leave.
Source. 1979, 436:4. 1988, 121:11, eff. Oct. 1, 1988.
The secretary of state is authorized to contract for printing in connection with his duties under the election laws. The provisions of RSA 8 relative to competitive bidding for state purchases shall not apply to contracts entered into by the secretary of state hereunder.
Source. 1979, 436:4, eff. July 1, 1979.
I. There is established in the office of the state treasurer a nonlapsing fund to be known as the election fund which shall be kept distinct and separate from all other funds. The election fund is established to meet the requirements of section 254(b) of the Help America Vote Act, Public Law 107-252 and the 2018 Election Reform Program authorized by the Consolidated Appropriations Act of 2018, Public Law 115-141, hereafter referred to as the "2018 Election Reform Program".
II. The treasurer shall deposit in the election fund all monies received by the state pursuant to the Help America Vote Act of 2002, Public Law 107-252 and the 2018 Election Reform Program. The treasurer shall also deposit in the election fund such other funds received under state or federal law, or donated to the state by private parties, for the purposes of conducting elections, voter and election official education, election law enforcement, and related information technology projects and improvements, and shall credit any interest or income earned on monies on deposit to the fund.
III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of equipment that complies with the Help America Vote Act of 2002, Public Law 107-252, or with RSA 659:13, V, reimbursing the department of safety for the actual cost of voter identification cards, election law enforcement, enhancing election technology, making election security improvements, and improvements to related information technology, including acquisition and operation of an automated election management system. With the exception of federal and state portions of funds associated with the 2018 Election Reform Program, the secretary of state shall not expend any monies in the election fund unless the balance in the fund following such expenditures shall be at least 12 times the estimated annual cost of maintaining the programs established to comply with the Help America Vote Act of 2002, Public Law 107-252.
III. The secretary of state is authorized to accept, budget, and, subject to the limitations of this paragraph, expend monies in the election fund received from any party for the purposes of conducting elections, voter and election official education, the purchase or lease of equipment that complies with the Help America Vote Act of 2002, Public Law 107-252, reimbursing the department of safety for the actual cost of voter identification cards, election law enforcement, enhancing election technology, making election security improvements, and improvements to related information technology, including acquisition and operation of an automated election management system. With the exception of federal and state portions of funds associated with the 2018 Election Reform Program, the secretary of state shall not expend any monies in the election fund unless the balance in the fund following such expenditures shall be at least 12 times the estimated annual cost of maintaining the programs established to comply with the Help America Vote Act of 2002, Public Law 107-252.
IV. All monies in the election fund shall be continually appropriated to the department of state and shall not lapse.
V. The treasurer, upon approval of the secretary of state shall pay the expenses of planning, equipping, administering, staffing, maintaining, and improving the election services provided by the secretary of state and related services provided by the department of safety, the department of health and human services, and the department of justice out of any monies in the election fund, subject to the limitations established in paragraph III, notwithstanding any other provision of law.
VI. The secretary of state shall include appropriations from the election fund in the department budget submitted pursuant to RSA 9:4.
VII. The treasurer shall, upon request of the secretary of state, establish separate accounts within the election fund in order to segregate funds according to funding source.
Source. 2003, 266:1. 2009, 144:218. 2010, 180:2; 317:69; 330:12. 2012, 284:3, eff. June 27, 2012; 284:8, eff. Sept. 1, 2015. 2019, 346:182, eff. July 1, 2019. 2024, 378:9, eff. Nov. 11, 2024.
Except as otherwise provided, the following fees shall be paid to the secretary of state for the use of the state: For every commission issued to a justice of the peace or to a notary public, $75, $25 of which shall be deposited into the fund established by RSA 5:10-b; for every certificate pertaining to the existence of a corporation, trade name, or other business entity, or writ served on the same, $5; for every such certificate in long form, $10; for every apostille provided under the Hague Convention of 1961 and for every certificate for a notary public or justice of the peace, $10; for every other certificate under seal of the state, $5; for engrossing private acts, $1 for each page of 240 words; for expedited service of every 10 documents or any part thereof, $25.
Source. RS 229:23. CS 245:23. GS 272:24. GL 290:24. PS 287:29. 1893, 64:2. 1919, 59:1. 1921, 84:1. PL 14:15. RL 21:15. 1949, 265:12. RSA 5:10. 1977, 563:35. 1987, 393:7. 1990, 3:19. 2003, 319:19. 2005, 118:7. 2010, 180:3, eff. June 21, 2010.
If the secretary of state collects a fee electronically for any registration, any document, or any other purpose, the secretary of state shall collect a handling charge for each fee paid electronically, including by Internet or facsimile, by adding $2 to the total fee.
Source. 2004, 248:66, eff. July 1, 2004.
There is established in the state treasury a separate account to be known as the notary fee account. All fees which are credited to this account shall be continually appropriated to the secretary of state. The account shall be used by the secretary of state to fulfill the duties established by RSA 455:17. Twenty-five dollars of every application fee for a commission as a notary public or justice of the peace under RSA 5:10 shall be credited to this account. The fund shall be nonlapsing, except that any balance remaining in the account over $100,000 at the end of a fiscal biennium shall lapse to the general fund.
Source. 2010, 180:4, eff. June 21, 2010.
5:13 Commissions and Boards Functioning Within Department.
The ballot law commission shall function within the department of state as a separate organizational entity and with all the powers and duties as heretofore provided, except as otherwise provided by law.
Source. 1950, 5, part 4:2. RSA 5:13. 1985, 416:13. 1989, 37:1. 2007, 300:3. 2011, 224:107, eff. July 1, 2011. 2022, 61:1, eff. July 19, 2022.
5:14 Licensing Board or Commission Regulations to be Available.
The secretary of state shall have available the rules and regulations affecting the issuance of licenses or certificates of registration by each professional or trade licensing or registering board or commission enumerated in RSA 5:13; he shall require from the secretary of each of said boards or commissions such information as will enable him to carry out the purposes hereof.
Source. 1950, 5, part 4:2, eff. June 30, 1950.
5:15 Uniform Records for Licensing Boards and Commissions.
So far as practicable, and after consultation with the professional and trade licensing and registering boards and commissions within the department of state, the secretary of state shall prescribe uniform procedures for all secretarial and recording activities of said boards and commissions.
Source. 1950, 5, part 4:2, eff. June 30, 1950.
The department of state, in accordance with the Free Trade Agreement between the United States and Canada, shall provide any corporate registration information necessary under RSA 293-A for the purpose of promoting business, labor and trade opportunities with Canada.
Source. 1989, 180:1, eff. July 16, 1989.
5:15-b Materials for Businesses Relative to Service Animals.
The secretary of state shall coordinate with the governor's commission on disability to develop, prepare, and make available to businesses upon request:
I. A decal suitable for posting in a front window or door stating that service animals are welcome and that misrepresentation of an animal as a service animal is a violation of RSA 167-D:8.
II. Materials including permissible questions a business owner may ask in order to determine whether an animal is a service animal, guidelines for compliance with the Americans with Disabilities Act for the business owner, and information on the Americans with Disabilities Act. Such materials shall also contain language stating that persons who have non-apparent disabilities such as asthma or allergies to animals may also be protected by the Americans with Disabilities Act. Such materials shall also contain information about the penalties for misrepresentation of a dog as a service dog under RSA 167-D.
Source. 2019, 56:1, eff. Aug. 4, 2019.
5:15-c Appointment of Agent for Service of Process by Voluntary Corporations and Nonfiling Entities.
I. A domestic entity that is not a filing entity, entities formed under RSA 292, or a nonqualified foreign entity may file with the secretary of state a statement appointing an agent for service of process signed on behalf of the entity which states:
(a) The name, type, and jurisdiction of organization of the represented entity;
(b) The name of the agent, the agent's mailing address, and agent's physical street address in this state; and
(c) An affirmation by the represented entity that the agent has consented to serve as such.
II. A statement appointing an agent for service of process shall take effect on the date of filing.
III. The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this state and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this state.
IV. A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not legally distinguishable on the records of the secretary of state from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity.
V. An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which shall take effect upon filing, and must state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this state. A statement appointing an agent for service of process which has not been cancelled earlier is effective for a period of 5 years after the date of filing.
VI. A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity.
VII. A registered agent may resign at any time with respect to a represented entity by filing with the secretary of state a statement of resignation signed by or on behalf of the agent which states:
(a) The name of the entity;
(b) The name of the agent;
(c) That the agent resigns from serving as agent for service of process for the entity; and
(d) A statement that the agent has provided written notice of the resignation.
VIII. A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity.
IX. The registered agent shall promptly furnish the represented entity with notice in a record of the date on which a statement of resignation was filed.
X. The fee for filing a statement of appointment of agent shall be $15. There shall be no fee to file a statement of resignation of agent.
Source. 2023, 170:1, eff. Nov. 1, 2023.
The deputy secretary of state before entering upon the duties of his office shall take the oaths required by article 84 of the constitution, and give bond in the sum of $10,000, with sufficient sureties to the satisfaction of the governor and council, for the faithful and punctual performance of such duties. He may be removed by the secretary.
Source. Const. II, 69. 1857, 1969:2. 1866, 4269:1. GS 13:7. GL 14:7. PS 15:2. PL 14:9. RL 21:9.
The deputy secretary of state shall exercise the duties of the office of secretary of state while the latter is absent, or unable from any cause to act.
Source. Const. II, 69. GS 13:9. GL 14:9. PS 15:3. PL 14:10. RL 21:10.
In addition to any other requirements, no contract for personal services, under which the total of payments equals $2,500 or more, in lump sum or installments, between the state and a nonresident corporation, partnership or association or between the state and a resident doing business under a name other than his own, shall be valid unless the contract shall have attached to it evidence of registration with the secretary of state as required under RSA 293-A, 305-A or 349. This requirement shall not apply to a nonresident corporation not organized for profit, except that each contract between the state and a resident or nonresident corporation, partnership or association shall have attached to the contract evidence of authority of the parties to execute and be bound by the contract.
Source. 1969, 85:1. 1975, 215:1. 1989, 256:1, eff. May 26, 1989. 2013, 68:1, eff. Aug. 5, 2013.
The records of all the courts of the province of New Hampshire and all the records of deeds and all the probate records, and all the original papers of the province of New Hampshire prior to the time the act for the division of said province into counties took effect, shall be kept by the secretary of state in the division of archives and records management.
Source. 1897, 55:1. 1899, 63:1, 2. PL 14:16. RL 21:16. RSA 5:19. 1994, 381:1. 2003, 97:4, eff. Aug. 5, 2003.
The secretary of state, whenever requested and paid for so doing, shall furnish copies of any of said records, and such copies, when certified by the secretary or his deputy and authenticated by the seal of the state, shall be evidence in like manner as the originals.
Source. 1899, 63:3. PL 14:17. RL 21:17.
The fee for furnishing copies of records as provided in the preceding section shall be $1 for each page of 240 words.
Source. 1949, 265:13, eff. June 22, 1949.
The secretary of state, the deputy secretary of state, or the designee of either may affix a facsimile signature to any record or certificate required or permitted to be issued by them.
Source. 1977, 407:36, eff. Sept. 3, 1977.
5:23 Assistant Secretary of State; Office Supervisor.
I. The secretary of state may appoint assistant secretaries of state within the limits of the appropriation made for the department of state who shall serve at the pleasure of the secretary of state. The salary of an assistant secretary of state shall be set by the secretary of state in accordance with the provisions of RSA 94:1-4.
II. If there is a vacancy in the office of an assistant secretary of state appointed under paragraph I, the secretary of state may instead appoint an office supervisor in accordance with state personnel rules. The appropriation for the vacant assistant secretary of state position shall be used to fund the position of office supervisor. The office supervisor shall be a classified employee and shall be classified at least labor grade 22. The office supervisor shall perform such duties as may be assigned by the secretary of state.
Source. 1977, 600:18. 1985, 292:3. 1987, 275:1. 1989, 254:2, eff. July 25, 1989.
An assistant secretary of state shall perform such duties as may be assigned to him by the secretary of state.
Source. 1977, 600:18, eff. Oct. 26, 1977.
The legislature declares that a program for the efficient and economical management of state and local records will promote economy, efficiency, and integrity in the day-to-day record-keeping activities of the state government and will facilitate and expedite government operations. The legislature further declares that the interests of the state and of posterity require the establishment of archives in which may be preserved records, papers, and documents having permanent and historical value.
Source. 1987, 353:1. 2006, 275:1, eff. June 15, 2006.