Bill Text - HB1673 (2012)

Relative to complaints of election law violations.


Revision: March 11, 2012, midnight

HB 1673-FN – AS AMENDED BY THE HOUSE

7Mar2012… 0956h

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

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:

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. 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 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. 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.

(e) An update on all complaints received but not resolved during a prior reporting period.

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

LBAO

12-2011

Revised 01/04/12

HB 1673 FISCAL NOTE

AN ACT relative to complaints of election law violations.

FISCAL IMPACT:

      The Department of Justice states this bill will have no fiscal impact on state, county, and local expenditures and revenue.

METHODOLOGY:

    The Department of Justice states this bill eliminates the requirement that complaints to the attorney general of election law violations be in writing and requires the attorney general submit regular reports on election complaints to the standing committees of the senate and house of representatives with jurisdiction over election law. The Department states that any costs associated with this bill could be absorbed by the Department.