Committee adopts amendment to preserve external storage from electronic ballot devices; advances bill

Representative Ross Berry introduced House Bill 270 (as amended) to require preservation of removable external storage devices used with electronic ballot counting equipment. The bill seeks to ensure devices or their data remain available for review when required by law.

Proponents told the committee that federal law requires retention of certain election materials for 22 months after federal elections and said referencing or aligning with federal retention standards would protect the ability to investigate tampering claims. Witnesses also raised concerns that local retention periods (noted in the bill or current practice) were shorter (60 days) and could leave investigators without the device or its bespoke programmer algorithm.

Committee staff produced a committee amendment (17-81s) that changes wording to avoid implying internal chips and instead specifies an “electronic ballot counting device external storage device” and makes minor drafting rearrangements. The committee adopted the amendment and then voted to advance HB 270 as amended. Members discussed that federal law would supersede state rules in federal elections, and that municipalities typically would retain devices; proponents urged ensuring the state’s statutory language did not inadvertently short-circuit federal retention obligations.

Public testimony included support from a voting-integrity citizen group that asked the committee to preserve algorithmic artifacts and activity logs; the group cited interest in RSA 91‑A (right-to-know) access to audit logs. Committee members said they would coordinate with the Secretary of State’s office on final drafting and implementation guidance.

The committee approved the committee amendment and voted to advance the bill as amended; it also adopted consent to forward the bill.