CACR 16 - AS INTRODUCED
2022 SESSION
22-2224
07/11
CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION 16
RELATING TO: election fraud.
PROVIDING THAT: the attorney general shall prosecute any case of election fraud where there is clear and convincing evidence of such.
SPONSORS: Rep. Abramson, Rock. 37; Rep. Ankarberg, Straf. 10
COMMITTEE: Election Law
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ANALYSIS
This constitutional amendment concurrent resolution provides a constitutional duty for the attorney general to prosecute election fraud or else be removed from office.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type
22-2224
07/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT
RELATING TO: election fraud.
PROVIDING THAT: the attorney general shall prosecute any case of election fraud where there is clear and convincing evidence of such.
Be it Resolved by the House of Representatives, the Senate concurring, that the
Constitution of New Hampshire be amended as follows:
I. That the first part of the constitution be amended by inserting after article 11 the following new article:
[Art.] 11-a. [Prosecution of Election Fraud.] The attorney general shall prosecute any case of election fraud where there is clear and convincing evidence of such, but shall be removed from that office upon a failure to present the case to a grand jury.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2022.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2022 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2022 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
“Are you in favor of amending the first part of the constitution by inserting after article 11 the following new article:
[Art.] 11-a. [Prosecution of Election Fraud.] The attorney general shall prosecute any case of election fraud where there is clear and convincing evidence of such, but shall be removed from that office upon a failure to present the case to a grand jury.”
V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2022 General Court” shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.
VII. Voters' Guide.
AT THE PRESENT TIME, there is no duty in the New Hampshire constitution for the Attorney General to prosecute election fraud, nor any consequence for not doing so.
IF THE AMENDMENT IS ADOPTED, the New Hampshire constitution will provide a duty for the Attorney General to prosecute election fraud or be removed from office.
: To Be Introduced and referred to Election Law
Nov. 3, 2021: To Be Introduced 01/05/2022 and referred to Election Law