HB1673 (2012) Detail

Relative to complaints of election law violations.


CHAPTER 95

HB 1673-FN – FINAL VERSION

7Mar2012… 0956h

04/25/12 1717s

2012 SESSION

12-2011

03/05

HOUSE BILL 1673-FN

AN ACT relative to complaints of election law violations.

SPONSORS: Rep. Bates, Rock 4; Rep. Tucker, Rock 17

COMMITTEE: Election Law

AMENDED ANALYSIS

This bill requires the attorney general to submit regular reports on election complaints to the general court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2012… 0956h

04/25/12 1717s

12-2011

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to complaints of election law violations.

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

95:1 Enforcement of the Election Laws. Amend RSA 7:6-c to read as follows:

7:6-c Enforcement of the Election Laws.

I. Upon receipt of a signed written complaint [signed by a voter of the state of New Hampshire], or upon his or her own motion, the attorney general 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 county attorneys, the state police, and other public officers. In the exercise of his or her powers and duties under this section, the attorney general 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 attorney general at a hearing which he or she is empowered to hold under this section shall be given under oath. The attorney general shall maintain records of complaints and investigations of alleged violations of the election laws.

II.(a) Beginning January 31, 2013, the attorney general shall, at least once during every 6-month period, provide a rolling report to the general court on the status of all complaints of alleged violations of the election laws received. The attorney general shall submit the report to the standing committees of the senate and house of representatives with jurisdiction over election law.

(b) The report shall include, but not be limited to the following:

(1) A summary of complaints received during the preceding 6 months, or during the period since the previous report if such period is less than 6 months, including the number of complaints categorized by type of complaint and month received.

(2) For each complaint investigated, the results of the investigation and a description of actions taken following the investigation.

(3) For each complaint not investigated, an explanation of why the complaint was not investigated.

(c) The requirements of subparagraph (b)(2) or (b)(3) may be satisfied by including with the report, for the complaint described, a closure letter, settlement agreement, cease and desist order, or complaint filed with a court, or any other official communication.

95:2 Effective Date. This act shall take effect upon its passage.

Approved: May 29, 2012

Effective Date: May 29, 2012