Revision: Dec. 17, 2019, 3:13 p.m.
HB 1353 - AS INTRODUCED
2020 SESSION
20-2571
04/05
HOUSE BILL 1353
AN ACT relative to the writ of quo warranto.
SPONSORS: Rep. Sylvia, Belk. 6
COMMITTEE: Judiciary
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ANALYSIS
This bill provides that the superior courts shall have jurisdiction in quo warranto proceedings.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2571
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the writ of quo warranto.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose. A quo warranto proceeding is in the nature of a writ of right "for the sovereign affiant who pursues the action," which addresses the prevention of a continued exercise of authority unlawfully asserted. It is intended to prevent the exercise of powers that are not conferred by law, and is not ordinarily available to regulate the manner of exercising such powers.
2 New Section; Superior Courts; Quo Warranto. Amend RSA 491 by inserting after section 25 the following new section:
491:26 Quo Warranto. The superior court shall have jurisdiction to process and enter judgment upon a writ of quo warranto. The court shall permit a petitioner in a quo warranto action to appear pro se. The writ shall be accompanied by an affidavit of truth executed by the petitioner. There shall be no filing fee in such actions. Quo warranto proceedings shall be public and all documents filed with the court shall be available for public inspection. A court which fails to process and act on a petition for quo warranto within 30 days of its receipt shall be subject to the penalty provisions in RSA 92:2.
3 Effective Date. This act shall take effect 60 days after its passage.