Reference Library

Voting

• Q. If the board of selectmen takes a vote to have the selectmen’s representative on the planning board vote a certain way when acting as the ex-officio member of the planning board, must the selectmen’s representative vote in the way the selectmen direct?
  A. No. The ex-officio member of the planning board is appointed by the selectmen to fill the position but is not “directed” by the board of selectmen. The ex-officio member is a full voting member of the planning board and should participate in whatever way he or she deems appropriate in his or her capacity as a planning board member. (September 2007, New Hampshire Town and City)

• Q. Is a vote to abstain considered a yes vote or a no vote?
  A. It could be either one. The Court considered this issue in Merrimack v. McCray, 119 N.H. 734 (1979), when it reasoned that an abstention is akin to acquiescence to the will of the board. In that case, two members voted yes, there were zero no votes and two members abstained from voting. The Court said that the result of the vote was two in favor and none against. Thus, an abstention is neither a yes vote nor a no vote, but acquiescence to the will of those voting in the majority, whether it be yes or no. (September 2007, New Hampshire Town and City)