As with most other votes, a simple majority controls. A: RSA establishes a limit on the discretion of the moderator. Any moderator or presiding officer who willfully neglects or refuses to follow any rule or proceeding established by RSA Chapter 40 or the vote of the town, including any vote to overrule the moderator, is guilty of a misdemeanor.
We are not aware of any moderator actually becoming subject to this penalty, but in light of Exeter v. Kenick, discussed above, such a penalty would be applicable only if the voters had actually made a particular procedural vote or demanded a secret ballot or recount discussed below , and the moderator blatantly ignored it.
Because of the element of willfulness, it could be difficult to prove a violation in the absence of a direct challenge to the moderator at the meeting and a majority vote in support of the challenge. A: Moderators have no inherent power to re-word motions or amendments, but most moderators, in the interest of fairness, make some effort before a vote is taken to ascertain whether the intent and effect of a proposed vote is well understood.
If there are doubts, a moderator may even make friendly suggestions for wording if this can be done in an impartial way. A: The moderator may command any constable, police officer, or legal voter to remove from the meeting and detain any person conducting him or herself in a disorderly manner. Police and constables are guilty of a violation for not obeying the commands and orders of the moderator for the preservation of order.
No person may speak during the meeting without permission of the moderator, nor may anyone speak when any person is already speaking. Everyone must be silent at the desire of the moderator, or he or she will be guilty of a violation. In State v. Dominic, N. The Court said the First Amendment right to free speech was not violated by an order to leave the room for failing to follow the procedural orders of the chair.
The same legal principle applies to support the authority of the moderator to have disorderly persons removed from the meeting.
A: The moderator must conduct a secret yes-no ballot whenever five voters three voters in a town of or fewer make a written request prior to a voice vote or division vote on the article.
Voters must be present at the meeting to request a secret ballot vote. Most moderators have not permitted petitions signed by five voters to be submitted before the meeting, asking for secret yes-no ballots on some or all questions. Many towns use different colored paper for each question to avoid confusion.
Fraud is prevented by the manner in which differently-marked ballots are distributed as voters enter the hall. Q: Can voters request that the moderator conduct a recount of a vote? A: RSA a permits five voters to request a recount of any vote taken by secret yes-no ballot. The request must be made immediately after the announcement of the result. If the vote margin is less than 10 percent of the total vote cast, the moderator must order the recount immediately.
The voters must be present. The request need not be in writing. It should go without saying that if the moderator or other election official actually discovers a mistake in the counting of yes-no ballots, the moderator may correct the declaration of results, even after an incorrect result has been announced and even if there was no request for a recount. Felkner v. Chesley, 66 N. Always secure an affirmative motion and a second on the article.
The motion need not be the same as the wording in the printed article as long as it is within the same general subject matter. Recognize the select board members or person s responsible for giving the town meeting the necessary background on the article under consideration.
After the conclusion of discussion, the motion should be restated, with a check to make sure its effect is generally understood. The vote should be taken and the outcome announced. If the vote is to be challenged, this is the appropriate time for action. The moderator should then poll the town meeting to determine whether that ruling is sustained. He may be contacted Skip to main content. Stephen Buckley, Legal Services Counsel. Q: What is the manner of election and term of the moderator?
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