Brentwood NH House race up in air after 27 unopened absentee ballots are found in recount

BRENTWOOD — Twenty-seven unopened absentee ballots could tilt an election in Brentwood, where a New Hampshire House of Representatives race was decided Monday by just 15 votes.

A recount held in Concord initially confirmed Democrat Eric Turer’s win with 1,213 votes for the Rockingham County state House District 6 seat, beating Republican incumbent state Rep. Melissa Litchfield’s 1,198 votes. An examination of voting material by the secretary of state, however, revealed the 27 absentee ballots that were never opened or counted.

The result, when it's sorted out, could have an impact which party holds the majority in the House, which Republicans hold by a razor-thin margin.

“Because these 27 ballots have the potential to change the outcome of this race, the Ballot Law Commission will be requested to order that these ballots be counted,” according to a statement from Secretary of State David Scanlan on Thursday.

Scanlan’s statement said the absentee ballot materials were sealed into boxes by Brentwood election officials and transferred to the secretary of state’s office. The 27 unopened ballots were marked as “voting” on the checklist and on the clerk’s list of absentee voters, but the absentee ballots were not removed from the envelopes, cast or counted.

Anna Fay, spokesperson for the secretary of state, said the office does not know at this time why the ballots were not taken out of their envelopes.

What the Turer vs. Litchfield race means in NH House

The final result of the Turer vs. Litchfield race could help determine the balance of power in the 400-member New Hampshire House.

Following the Nov. 8 general election, Republicans appeared to hold a 203-197 advantage, retaining the majority. However, two recount races earlier this week flipped results to Democrats. And a recount in a race initially won by Rochester Republican David Walker by one vote over incumbent Democratic Rep. Chuck Grassie resulted in a tie. That reduced the GOP advantage to 200-199, pending the outcome that is still to be determined.

More recounts are ongoing this week and next that could also impact the majority control of the House.

Longtime Brentwood town moderator believes he made mistake

Brentwood Town Moderator Richard Chamberlain, who has held his post for 41 years, said he believes the 27 unopened absentee ballots were the result of an honest mistake on his part. He cannot remember exactly what he did with the envelopes but believes he may have accidentally placed them in the box with open empty envelopes.

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“But they were not empty envelopes,” Chamberlain said. Tuesday night Chamberlain spoke at his town’s Selectboard meeting to reveal he may have caused the issue in an attempt at transparency. He said he and the town clerk will now plan to go before the state Ballot Law Commission Nov. 28 for their next meeting when its members will vote on adding the ballots to the race’s vote count.

“I don’t know for sure. I think it’s the only answer I can come up with,” Chamberlain said. “This is the first time I’ve had this kind of experience.”

Turer said he learned from the secretary of state the ballots required a formal request that the ballots be added to the race. Turer said he and Litchfield have since agreed to send a letter to the commission calling on the ballots to be counted.

"It’s unfortunate that this happens,” Turer said. “I think our town moderator and town clerk feel really badly that it did.”

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Litchfield could not be reached for comment Thursday. Turer said the uncertainty of his election has not halted his process of being introduced into his new role at the state House. He attended a Democratic caucus meeting in Concord Thursday, still technically the official winner of the House seat. He will have unseated an incumbent in Litchfield if the 27 votes do not change the outcome.

“But of course, I have this hanging over my head,” Turer said.

This article originally appeared on Portsmouth Herald: Brentwood NH House election result in doubt after 27 ballots are found