Revision: Jan. 3, 2012, midnight
HB 1664-FN – AS INTRODUCED
2012 SESSION
03/09
HOUSE BILL 1664-FN
AN ACT transferring election law enforcement to the secretary of state.
SPONSORS: Rep. Bates, Rock 4; Rep. Tucker, Rock 17; Rep. O'Brien, Hills 4; Rep. Renzullo, Hills 27; Rep. Comerford, Rock 9
This bill transfers responsibility for election law enforcement from the attorney general to the secretary of state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2455
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT transferring election law enforcement to the secretary of state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Department of State; Enforcement of Election Laws. Amend RSA 5 by inserting after section 6-d the following new section:
5:6-e Enforcement of the Election Laws.
I. Upon receipt of a complaint by a voter of the state of New Hampshire, or upon his or her own motion, the secretary of state may in his or her discretion, conduct investigations to determine whether any violation of the election laws has occurred and may prosecute anyone responsible for such a violation. In conducting an investigation under this section the attorney general may enlist the aid of the attorney general, the county attorneys, the state police, and other public officers. In the exercise of the powers and duties under this section, the secretary of state may hold hearings and require the attendance of individuals by the use of subpoena and may require the production of books, documents, records, and other tangible goods by use of subpoena duces tecum. Any testimony required by the secretary of state at a hearing which he or she is empowered to hold under this section shall be given under oath. The secretary of state shall maintain records of complaints and investigations of alleged violations of the election laws.
II. The secretary of state shall report to the general court by September 1, 2012 and at least once during every 6-month period thereafter on the disposition of all complaints of alleged violations of the election laws received. The secretary of state shall submit the report to the standing committees of the senate and house of representatives with jurisdiction over election law. The report shall include, but not be limited to the following:
(a) A summary of each complaint received during the preceding 6 months, or during the period since the previous report if such period is less than 6 months. The summary for each complaint shall include, at a minimum, the date received, the nature of the alleged violation, and the date of the alleged violation.
(b) A description of the response to each complaint received and whether the complaint was investigated.
(c) For each complaint not investigated, an explanation of why the complaint was not investigated.
(d) For each complaint investigated, the results of the investigation and a description of actions taken following the investigation.
2 Repeal. RSA 7:6-c, relative to enforcement of the election laws, is repealed.
3 References Changed. Amend the following RSA provisions by replacing “attorney general” with “secretary of state”: RSA 654:12, V(b); RSA 656:42, IV; RSA 659:27, I; RSA 659:27-a, I; RSA 659:34, III-V; RSA 659:43, IV; RSA 659:45; RSA 664:14-a, IV(b); RSA 664:14-b, II(b); RSA 664:19; RSA 664:20; RSA 664:21; RSA 666:5; RSA 666:7-a; RSA 666:13; RSA 666:14.
4 Reference Deleted. Amend RSA 654:12, V(c) to read as follows:
(c) [The secretary of state shall cause any letters mailed pursuant to subparagraph (b) that are returned as undeliverable by the United States Post Office to be referred to the attorney general. The secretary of state shall also prepare and forward to the attorney general a list of all persons who were mailed letters under subparagraph (b) and have not confirmed their registration.] Upon receipt of notice from a person who receives a letter of identity verification that the person did not register and vote, or upon receipt of [a referral from] any letter mailed pursuant to subparagraph (b) that is returned as undeliverable by the United States Post Office, the secretary of state[, the attorney general] shall cause an investigation to be made to determine whether fraudulent registration or voting occurred.
5 Reference Deleted. Amend RSA 656:42, VIII(d)(5) to read as follows:
(5) If, on election day, the moderator notices that any seal on the counting device appears tampered with or broken without an adequate record in the activity log, the moderator shall refrain from using the counting device in that election, and shall report the apparent tampering to [the attorney general,] the secretary of state, the town or city clerk, and the selectmen.
6 Complaints. Amend RSA 664:18 to read as follows:
664:18 Complaints. Any candidate or voter may make complaint [in writing] to the [attorney general] secretary of state of any violation of any of the provisions of this chapter.
I. Upon receipt of such complaint, the [attorney general] secretary of state or his or her designee shall review the complaint, and where sufficient evidence of a violation is presented, conduct investigations to determine whether a violation of this chapter has occurred.
II. Following investigation, the [attorney general] secretary of state is empowered, if he or she determines that a provision of this chapter has been violated, to:
(a) Issue an order requiring the violator to cease and desist from his or her violation. If the [attorney general’s] secretary of state’s order is not obeyed, the [attorney general] secretary of state or designee may petition the superior court of the county in which the violation occurred for an order of enforcement.
(b) Prosecute to final judgment through his or her designee if sufficient cause for such prosecution is found.
III. If, in the opinion of any person making complaint, the family, business, or political connection of the [attorney general’s] secretary of state’s designee is such as to make it unlikely that he or she will act diligently and earnestly in any proceeding therefor, the person complaining may state such facts to the [attorney general] secretary of state.
IV. If the [attorney general] secretary of state believes that his or her designee will be hampered by any existing facts or circumstances and in any manner prevented from vigorously proceeding against any respondent complained against for such violation, or that the service of more than one attorney in any proceeding would be in the interest of the state, he or she shall have authority to employ and assign additional attorneys, to conduct or assist in conducting such proceeding. Such attorneys shall be allowed reasonable compensation, to be approved by the governor and council and paid by the state out of funds not otherwise appropriated.
7 References Changed. Amend RSA 666:8 to read as follows:
666:8 [Attorney General] Secretary of State. The [attorney general] secretary of state shall be responsible for the enforcement of the election laws as provided in RSA [7:6-c] 5:6-e.
8 Transfer of Functions, Positions, Equipment, Records, and Accounts; Rules Continued.
I. All of the functions, positions, powers, duties, responsibilities, and funding of the attorney general used for enforcement of election laws shall be transferred to the secretary of state on July 1, 2012. The transfer provided in this section shall include all of the equipment, books, papers, and records of the attorney general related to election law enforcement functions.
II. All existing rules, statutory responsibilities, regulations, and procedures relating to enforcement of election laws in effect, in operation, or adopted in or by the attorney general are transferred to the secretary of state, and are declared in effect and shall continue in effect until rescinded, revised, or amended in accordance with applicable law.
9 Effective Date. This act shall take effect July 1, 2012.
LBAO
12-2455
12/28/11
HB 1664-FN - FISCAL NOTE
AN ACT transferring election law enforcement to the secretary of state.
FISCAL IMPACT:
The Department of State and Department of Justice state this bill will have an indeterminable impact on state expenditures in FY 2013 and each year thereafter. There will be no impact on state revenues, or county and local revenues or expenditures.
METHODOLOGY:
The Department of State states this bill would transfer the enforcement of the election laws, all positions, equipment, records and accounts from the Department of Justice to the Department of State. The Department of State assumes the transfer would include an attorney and an investigator, however is unable to determine the costs, if any, of such a transfer.
The Department of Justice states this bill would transfer enforcement responsibility of the state’s election laws to the Department of State. The Department of Justice states currently elections enforcement is handled by the Office of the Attorney General using the resources of a part-time investigator and approximately 70% of an assistant attorney general. The Department of Justice is unable to determine any impact the transfer under this bill may have on state expenditures.