This bill amends current law to close political primaries to voters who have not declared a party affiliation unless the respective party adopts specific rules allowing undeclared voters to participate. The new legal language stipulates that if a party does not permit undeclared voters to vote in its primary, those individuals will be barred from participating. Additionally, the bill mandates that the Secretary of State must inform voters about whether a party has adopted such rules and requires party chairpersons to notify the Secretary of State in writing regarding their party's rules before the filing period for state offices.
Furthermore, the bill introduces penalties for party chairpersons and the Secretary of State in cases of gross negligence or willful misconduct related to the enforcement of these provisions. Individuals aggrieved by such negligence may initiate legal action against the responsible parties and recover court costs and reasonable attorney's fees if they prevail. The bill is set to take effect on January 1, 2026, and while it does not provide funding for implementation, it may necessitate an educational campaign to inform the approximately 318,000 undeclared voters in New Hampshire about the changes to the primary election law.
Statutes affected: Introduced: 659:14