HB 1567-FN - AS AMENDED BY THE HOUSE

16Mar2022... 1014h

2022 SESSION

22-2486

11/05

HOUSE BILL 1567-FN

AN ACT relative to consequences resulting from election official misconduct.

SPONSORS: Rep. Alliegro, Graf. 7; Rep. Silber, Belk. 2

COMMITTEE: Election Law

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AMENDED ANALYSIS

This bill allows the attorney general to seek a civil penalty against the local government entity in which an election official was found to have negligently engaged in misconduct.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16Mar2022... 1014h 22-2486

11/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to consequences resulting from election official misconduct.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  Provisions for Purity of Elections; Official Misconduct; Consequences.  Amend RSA 666:3 to read as follows:

666:3  Official Misconduct.  

I.  Any public officer upon whom a duty relating to elections is imposed who shall knowingly fail to perform such duty or who shall knowingly perform it in such a way as to hinder the objects thereof shall be guilty of a misdemeanor if no other penalty is provided by law.

II.  Any public officer upon whom a duty relating to elections is imposed who shall negligently fail to perform such duty or who shall negligently perform it in such a way as to hinder the objects thereof, as found pursuant to RSA 666:2, shall cause the county, city, town, school district, village district, or other political subdivision, where such conduct occurred to be subject to a civil penalty of not less than $250 nor more than $1000 for each act.

III.  The attorney general shall notify the county, city, town, school district, village district, or other political subdivision that is subject to this section of the state's intention to seek a civil penalty, and of the ability to negotiate with and to settle with such county, city, town, school district, village district, or other political subdivision without court action, provided that any civil penalty paid as settlement shall be paid to the attorney general for deposit into the general fund.

IV.  If an entity is subject to a civil penalty under this section, the entity shall also be subject to the payment of restitution damages.

2  Effective Date.  This act shall take effect 60 days after its passage.

LBA

22-2486

12/10/21

HB 1567-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the removal of election officials from office.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill creates a right of any registered voter to bring a suit in Superior Court to remove any town or city moderator, assistant moderator, school moderator, assistant school moderator, supervisor of the checklist, town or city clerk or deputy clerk, or other town or city official having duties with respect to the conduct of elections for failure to perform such official's election duties. If the court finds that removal is warranted, the prevailing registered voter shall be entitled to an award of reasonable attorneys' fees and court costs.  The Judicial Branch assumes bill would result in additional cases being brought in Superior Court, with some number of those cases being appealed to the Supreme Court.  These new cases would have a fiscal impact, but because the Branch cannot estimate the number of additional cases that would result if this bill passes, the fiscal impact is indeterminable.  In addition, the Judicial Branch will need to reconfigure it Odyssey case management system to include the new types of complaints created by the bill.  The Judicial Branch estimates it would expend approximately $5,000 to reconfigure its Odyssey case management system and e-filing portal to incorporate the new cause of action.

It is assumed that any fiscal impact would occur after FY 2022.

AGENCIES CONTACTED:

Judicial Branch