Bill Text - HB1673 (2012)

Relative to complaints of election law violations.

Revision: Jan. 6, 2012, midnight






AN ACT relative to complaints of election law violations.

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

COMMITTEE: Election Law


This bill eliminates the requirement that complaints to the attorney general of election law violations be in writing. This bill also requires the attorney general to submit regular reports on election complaints to the general court.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




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:

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 [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. The attorney general 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 attorney general 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 Political Expenditures and Contributions; Complaints. Amend the introductory paragraph of RSA 664:18 to read as follows:

Any candidate or voter may make complaint [in writing] to the attorney general of any violation of any of the provisions of this chapter.

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





AN ACT relative to complaints of election law violations.


    The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Justice. When completed, the fiscal note will be forwarded to the House Clerk's Office.