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 outlines the definitions of key terms such as "Agency," "Claimant," and "Person," and establishes a process for individuals harmed by election law violations to file formal complaints with the New Hampshire Department of Justice. The Department is required to respond to these complaints within specified timeframes, and claimants can seek injunctive relief in superior court if they are dissatisfied with the Department's response. The bill also clarifies that any findings by the Department do not limit the claimant's right to pursue legal action in court.
Additionally, the bill includes provisions regarding the handling of claims against the state and its agents, the rights of claimants against other parties, and the conditions under which settlements may occur. It specifies that attorney fees for claimants must be approved by the superior court, and it outlines exceptions to the provisions of this chapter, particularly concerning sovereign immunity. The bill is set to take effect on January 1, 2026, and is expected to have significant fiscal implications, including potential costs exceeding $500,000 to $1,000,000 per fiscal year due to the need for additional staff and resources within the Department of Justice to manage the increased workload from investigations and lawsuits.