Revision: Feb. 11, 2025, 2:52 p.m.
HB 514-FN - AS INTRODUCED
2025 SESSION
25-0636
07/08
HOUSE BILL 514-FN
AN ACT allowing private persons to sue for violations of election laws.
SPONSORS: Rep. Berry, Hills. 44; Rep. Alexander Jr., Hills. 29; Rep. Giasson, Hills. 29; Rep. Mazur, Hills. 44; Rep. Reinfurt, Hills. 29; Rep. Seidel, Hills. 29; Sen. Murphy, Dist 16
COMMITTEE: Election Law
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ANALYSIS
This bill allows for private parties to sue the state for violations of RSA 659.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0636
07/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT allowing private persons to sue for violations of election laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Claims Against the State for Violations of Election Law. Amend RSA by inserting after chapter 546-C the following new chapter:
CHAPTER 546-D
CLAIMS AGAINST THE STATE FOR VIOLATIONS OF ELECTION LAW
546-D:1 Definitions. In this chapter:
I. "Agency" means all departments, boards, offices, commissions, institutions, other instrumentalities of state government, including any official or employee of same when acting in the scope of his or her elected or appointed capacity, but excluding political subdivisions of the state.
II. "Claimant" means any person who files a claim pursuant to this chapter.
III. "Person" means any individual, partnership, association, corporation or political subdivision.
VI. "Political subdivision" means any village district, school district, town, city, county or unincorporated place in the state.
546-D:2 Initial Notice of Violations of Election Law
I. Persons harmed by violations of RSA 659 shall be entitled to seek injunctive relief through a formal complaint with the New Hampshire department of justice or the superior courts.
II. Any person who believes they have been harmed by a violation of RSA 659 shall be entitled to file a formal complaint with the New Hampshire department of justice, who shall investigate the complaint and provide a response to the claimant within 5 business days of receipt or immediately upon receipt if within 15 days of an election. Such complaint shall contain sufficient details about the alleged violation, which shall include:
(a) A clear and specific description of the alleged election law violation, including the specific statutes that have been violated;
(b) Evidence of the harm incurred, or likely to, occur;
(c) Identifying information of all involved parties; and
(d) Documentation or other supporting materials relevant to the complaint.
III. The department of justice shall allow complaints to be filed through an online portal system established by the department, through a physical mailbox, or email through an email submission. A confirmation receipt shall be immediately provided to the claimant using the same manner as the claimant who filed the complaint.
IV. The department of justice may take all measures and steps necessary to ensure claimants receive their requested relief.
V. Any findings, determinations, or actions or inactions taken by the department of justice shall not limit or restrict the right of any person to seek injunctive relief in superior court.
546-D:3 Notice to Superior Court.
I. If, under RSA 546-D:2, the department of justice fails to respond within 5 business days, if the claimant files their complaint within 15 days of an election, or if the claimant finds that the department's response is insufficient, the claimant may file an additional complaint in superior court seeking injunctive relief.
II. Claimants shall be entitled to institute an action as a representative or representatives of a class as established under RSA 358-A:10-a.
546-D:4 Claims Filed Against the State and Its Agent. When a claim filed pursuant to this chapter is against both the state and an agent, official or employee of the state, the superior court shall determine whether the state is responsible for the actions of the agent, employee or official. If the superior court determines that the state is responsible for the actions of the agent, employee or official; the agent, employee or official shall be dismissed as a defendant and the plaintiff shall proceed solely against the state.
546-D:5 Claimants' Rights Against Others. The adjudication by the superior court on any claim before it shall not deprive the claimant of any other legal rights she or he may have against another party.
546-D:6 Settlement. Any payment made pursuant to this chapter shall be in full settlement of any liability on behalf of the agency which was subject to the claim and no further action may be instituted in any court of law for recovery of damages against that agency on any matter arising out of that particular claim.
546-D:7 Attorneys' Fees. No attorney representing a claimant shall charge or collect fees for legal services rendered to the claimant unless the fees have been approved by the superior court, as the case may be. In determining the amount of allowable fees, the superior court shall consider, among other things, the nature, length, and complexity of the services performed, the usual and customary charge for work of like kind, and the benefits resulting to the claimant as a result of the legal services performed.
546-D:8 Exceptions.
I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, the provisions of this chapter shall not apply to:
(a) Any claim which is based upon the exercise of a legislative or judicial function.
(b) Any claim based upon an act or omission of a state officer, employee, or official when such officer, employee, or official is exercising due care in the execution of any statute or any rule of a state agency.
(c) Any claim based upon the exercise or performance or the failure to exercise or perform a discretionary executive or planning function or duty on the part of the state or any state agency or a state officer, employee, or official acting within the scope of his office or employment.
(d) Any claim arising out of an intentional tort, including assault, battery, false imprisonment, false arrest, intentional mental distress, malicious prosecution, malicious abuse of process, libel, slander, misrepresentation, deceit, invasion of privacy, interference with advantageous relations, or interference with contractual relations, provided that the employee whose conduct gives rise to the claim reasonably believes, at the time of the acts or omissions complained of, that his conduct was lawful, and provided further that the acts complained of were within the scope of official duties of the employee for the state.
2 Effective Date. This act shall take effect January 1, 2026.
25-0636
Revised 2/11/25
HB 514-FN- FISCAL NOTE
AS INTRODUCED
AN ACT allowing private persons to sue for violations of election laws.
FISCAL IMPACT:
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| |||||
Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable Increase More then $500,000 to $1,000,000 or less per fiscal year | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
The Department of Justice (DOJ) states that although the Department is already required to investigate alleged violations under RSA 659, the conditions of this bill would require timelines for these investigation. Therefore the DOJ's Election Law Unit would need additional staff to adhere to these timelines and additional investigations, complaints, and lawsuits. However, the bill does not provide funding nor does it authorize new positions. For a detailed estimated cost breakdown, refer to the table below.
ESTIMATED FISCAL IMPACT (ROUNDED) FOR ADDTIONAL STAFF | |||
| FY 2026 | FY 2027 | FY 2028 |
Assistant Attorney General (1 position) | $125,000 | $128,000 | $128,000 |
Investigator General (1 position) | $121,000 | $127,000 | $132,000 |
Office space, computers, office equipment, travel, and other supplies (includes vehicle for investigator in FY 2026) | $55,900 | $8,600 | $8,600 |
Total Estimated Cost | $301,900 | $263,600 | $268,600 |
The overall settlement costs cannot be estimated however the DOJ anticipates a cost of more than $500,000 to $1,000,000 or less per fiscal year between the additional staff and the unknown settlements.
This bill could possibly result in an increase in civil cases in the Superior Court, however, there is no way to predict how many such actions would occur so any such increase is indeterminable. The Judicial Branch has provided average cost information for civil cases in the Superior Court:
NH Judicial Branch Average Civil Case Estimates
Judicial Branch Average Cost | FY 2025 | FY 2026 |
Superior Court Complex Civil Case | $1,430 | $1,473 |
Superior Court Routine Civil Case | $535 | $552 |
Common Civil Case Fees
Superior Court Fees | As of 2/12/2020 |
Original Entry Fee | $280 |
Third-Party Claim | $280 |
Motion to Reopen | $160 |
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association