1 New Section; County Attorneys; Enforcement of Election Laws. Amend RSA 7 by inserting after section 34-g the following new section:

7:34-h Enforcement of the Election Laws.

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

II.(a) Beginning January 31, 2022, the county attorney 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 county attorney 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.

2 Enforcement of Election Laws; Municipal Prosecutors. Amend RSA 41:10-a to read as follows:

41:10-a Municipal Prosecutors.

The selectmen of towns or the appropriate appointing authorities are hereby authorized to appoint and compensate one or more qualified members of the New Hampshire bar to serve as municipal prosecutors to represent the state, in place of police officers, in cases involving civil causes, violations and misdemeanors within the jurisdiction of the municipal or district courts except as provided in RSA 502-A:20-a and RSA 502:26-c. Said municipal prosecutors shall serve at the pleasure of the appointing authority. Two or more municipalities may engage the services of a single municipal prosecutor as provided in RSA 53-A. Nothing in this section shall be construed to prohibit the state police from prosecuting any violation or misdemeanor in any district or municipal court in this state.

3 Enforcement of the Election Laws. Amend RSA 666:8 to read as follows:

666:8 Attorney General . The attorney general shall be responsible for the enforcement of the election laws as provided in RSA 7:6-c .

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

1 New Section; County Attorneys; Enforcement of Election Laws. Amend RSA 7 by inserting after section 34-g the following new section:

7:34-h Enforcement of the Election Laws.

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

II.(a) Beginning January 31, 2022, the county attorney 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 county attorney 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.

2 Enforcement of Election Laws; Municipal Prosecutors. Amend RSA 41:10-a to read as follows:

41:10-a Municipal Prosecutors.

I. The selectmen of towns or the appropriate appointing authorities are hereby authorized to appoint and compensate one or more qualified members of the New Hampshire bar to serve as municipal prosecutors to represent the state, in place of police officers, in cases involving civil causes, violations and misdemeanors within the jurisdiction of the municipal or district courts except as provided in RSA 502-A:20-a and RSA 502:26-c. Said municipal prosecutors shall serve at the pleasure of the appointing authority. Two or more municipalities may engage the services of a single municipal prosecutor as provided in RSA 53-A. Nothing in this section shall be construed to prohibit the state police from prosecuting any violation or misdemeanor in any district or municipal court in this state.

II.(a) Upon receipt of a signed written complaint, or upon his or her own motion, a municipal prosecutor 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 municipal prosecutor may enlist the aid of the state police, and other public officers. In the exercise of his or her powers and duties under this section, the municipal prosecutor 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 municipal prosecutor at a hearing which he or she is empowered to hold under this section shall be given under oath. The municipal prosecutor shall maintain records of complaints and investigations of alleged violations of the election laws.

(b) Beginning January 31, 2022, the municipal prosecutor 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 municipal prosecutor shall submit the report to the standing committees of the senate and house of representatives with jurisdiction over election law.

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

(A) 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.

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

(C) 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.

3 Enforcement of the Election Laws. Amend RSA 666:8 to read as follows:

666:8 Attorney General , County Attorney, and Municipal Prosecutors . The attorney general , county attorneys, and municipal prosecutors shall be responsible for the enforcement of the election laws as provided in RSA 7:6-c ,RSA 7:34-h, and RSA 41:10-a, respectively .

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