Unknown to many, during the March 2022 elections, the town was operating with a backup ballot counting device (BCD). Epping has a backup, so that if our primary machine is inoperable or does not pass the required checks, the election process is not interrupted or delayed. Last March (2022), while counting ballots, the backup ballot machine also failed. An emergency request went out to the contractor to obtain yet another machine. Keep in mind this is not a process that occurs often, if ever. It is not one that was specifically planned for.
All of the ballots received over the course of the day were counted using the new ballot counting device (BCD). When the replacement machine arrived an error was made placing it into use: “…election officials did not follow required procedures in the 2022 Epping Town Election by failing to properly test the replacement BCD with the third memory card in it prior to its use in that election.” 1
Although the error occurred, a lesson was learned. Each member of the Selectboard now have an updated NH “Election Procedure Manual” so they may become more familiar with their roles and responsibilities.
You may be asking yourself, “Why is this the first time I am hearing of this?” It is likely a combination of factors. One factor is that our Selectboard lacks transparency in many instances. Another factor is that, as the rightful owners of your government, you must get involved in this town that you invest in so heavily each year with your tax dollars. If you don’t get involved, this behavior will continue with our Selectboard, our School Board, and other elected officials.
1 Source, pg. 7; Atty. General Department of Justice, NH, Letter to Town of Epping Town Clerk and Moderator – Use of Replacement Ballot Counting Device at the March 8, 2022 Town Elections
In New Hampshire it is the duty of the Selectmen to attend the election. At least one of our Selectmen stepped up and took note of the failure to test the replacement machine. This Selectman made inquiries into the process at that time, which were dismissed by our Town Moderator and Town Clerk. After the election, the Selectman sought the counsel of the NH Office of the Attorney General Election Law Division. A representative of that Division concurred with the Selectman’s concern that the proper process did not seem to have been followed. The Attorney General’s Office initiated an investigation. The investigation by the Attorney General’s Office confirmed that neither the Epping Town Moderator, nor the Epping Town Clerk personally tested the replacement ballot counting device (BCD) before it was used in the Epping election, despite the requirement of NH Law.