CHAPTER 234
SB 405-FN - FINAL VERSION
03/24/2022 1101s
21Apr2022... 1512h
2022 SESSION
22-3052
11/04
SENATE BILL 405-FN
SPONSORS: Sen. Giuda, Dist 2; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Rep. J. MacDonald, Carr. 6; Rep. Lang, Belk. 4
COMMITTEE: Election Law and Municipal Affairs
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AMENDED ANALYSIS
This bill modifies penalties for certain offenses related to elections and allows the attorney general to seek a civil penalty against the local government entity in which an election official was found to have negligently engaged in misconduct.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03//2022 1101s
21Apr2022... 1512h 22-3052
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
234:1 New Section; Election Procedure; Prohibited Acts; Intimidation of Election Officers. Amend RSA 659 by inserting after section 40-a the following new section:
659:40-b Intimidation of Election Officers.
I. No person shall use or threaten force, violence, or any tactic of coercion or intimidation to knowingly discourage, interfere with, or compel any election officer, as defined in RSA 652:14, and other appointed individuals assisting at the polling place, such as ballot clerks and greeters, from engaging in or completing duties related to an election.
II. Whoever violates the provisions of this section or who conspires to violate the provisions of this section shall be guilty of a class B felony.
234:2 New Subdivision; Penalties. Amend RSA 659 by inserting after section 103 the following new subdivision:
Penalties
659:104 Penalties.
I. Where no other penalty is provided, whoever violates any provision of this chapter shall be subject to a civil penalty not less than $250 nor more than $1,000.
II. The attorney general shall notify persons subject to this section of the state's intention to seek a civil penalty, and of the ability to negotiate with and to settle with such suspected violators without court action, provided that any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund.
234:3 Political Expenditures and Contributions; Penalties. Amend RSA 664:21, V to read as follows:
V.(a) Whoever violates any of the provisions of RSA 664:16-a [or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property] shall be subject to a civil penalty not to exceed $1,000.
(b) Whoever violates, or orders, aids, or abets a violation of RSA 664:17, relative to removing, defacing, or destroying political advertising on private property, shall be subject to a civil penalty of $250 for each piece of political advertising removed, defaced, or destroyed, up to a maximum of $2,000.
(c) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 664:16-a or [the provisions of] RSA 664:17 [relative to removing, defacing, or destroying political advertising on private property a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund] the civil penalties under subparagraphs (a) and (b).
[(c)] (d) The attorney general shall [have authority to] notify suspected violators of RSA 664:16-a or [the provisions of] RSA 664:17 [relative to removing, defacing, or destroying political advertising on private property] of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action[, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund].
234:4 New Paragraphs; Political Expenditures and Contributions; Penalties. Amend RSA 664:21 by inserting after paragraph VII the following new paragraphs:
VIII.(a) Whoever violates any provision of RSA 664:14, or a provision of RSA 664:17 not related to removing, defacing, or destroying political advertising as provided for in paragraph V of this section, shall be subject to a civil penalty not to exceed $1,000.
(b) The attorney general shall notify suspected violators of this section of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators within the civil penalty limits established in this section without court action.
(c) Whoever is subject to a civil penalty under this paragraph shall also be subject to the payment of restitution for damages.
IX. Any individual, committee, or organization responsible for reporting under RSA 664:6, 664:6-a, and 664:7 that files a report with illegible material content shall receive a written warning for a first offense and shall be charged a civil penalty of $1,000 per offense for any subsequent offenses.
234:5 Provisions for Purity of Elections; Official Misconduct; Consequences. Amend RSA 666:3 to read as follows:
666:3 Official Misconduct.
I. Any public officer upon whom a duty relating to elections is imposed who shall knowingly fail to perform such duty or who shall knowingly perform it in such a way as to hinder the objects thereof shall be guilty of a misdemeanor if no other penalty is provided by law.
II. Any public officer upon whom a duty relating to elections is imposed who shall negligently fail to perform such duty or who shall negligently perform it in such a way as to hinder the objects thereof, as found pursuant to RSA 666:2, shall cause the county, city, town, school district, village district, or other political subdivision, where such conduct occurred to be subject to a civil penalty of not less than $250 nor more than $1000 for each act.
III. The attorney general shall notify the county, city, town, school district, village district, or other political subdivision that is subject to this section of the state's intention to seek a civil penalty, and of the ability to negotiate with and to settle with such county, city, town, school district, village district, or other political subdivision without court action, provided that any civil penalty paid as settlement shall be paid to the attorney general for deposit into the general fund.
IV. If an entity is subject to a civil penalty under this section, the entity shall also be subject to the payment of restitution damages.
I. Sections 1-4 of this act shall take effect January 1, 2023.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: June 17, 2022
Effective Date:
I. Sections 1-4 effective January 1, 2023
II. Remainder effective August 16, 2022