§ 665:11 — Evidence

In any hearing, the commission shall not be bound by the technical rules of evidence; but its findings must be supported by reliable, probative, and substantial evidence. A stenographic transcript shall be made of all oral testimony submitted to the commission; and such transcript together with the exhibits, ballots, and papers filed in the proceedings shall be the exclusive record for its decision. Decisions of the commission shall be made in writing and filed with the secretary of state. Reasonable notice of all hearings before the commission shall be given by the secretary of state by registered mail. In cases of recount appeals under RSA 665:8, notice shall be given to all candidates for the particular nomination or office in question. In cases arising under RSA 665:6, notice shall be given to the person or persons filing objections and to the candidate or candidates to whose nomination objections have been filed. At all hearings, interested parties may appear, present relevant evidence, be represented by counsel, and cross-examine opposing witnesses. The records of the commission in any proceeding before it shall be preserved for at least 6 months after the election in question.

Legislative History

2003, 151:8, eff. Jan. 1, 2004.