This bill introduces a new chapter, Chapter 546-D, to the New Hampshire Revised Statutes Annotated (RSA) that allows private individuals to sue the state for violations of election laws, specifically RSA 659. The bill defines key terms such as "Agency," "Claimant," and "Person," and outlines the process for individuals harmed by election law violations to seek injunctive relief. Claimants can file formal complaints with the New Hampshire Department of Justice, which must respond within specified timeframes. If the Department fails to respond adequately, claimants can escalate their complaints to the superior court. The bill also stipulates that any claims against both the state and its agents will result in the state being the sole defendant if found responsible.
Additionally, the bill includes provisions regarding the rights of claimants, the settlement of claims, and the approval of attorney fees by the superior court. It specifies exceptions to the claims, such as those based on legislative or judicial functions, and intentional torts. The bill is set to take effect on January 1, 2026, and is expected to have a significant fiscal impact, with estimated costs for additional staff and potential settlements exceeding $500,000 to $1,000,000 annually. The Department of Justice anticipates needing more resources to manage the increased workload resulting from the bill's requirements.