HB 419-FN - AS INTRODUCED
2021 SESSION
21-0522
05/06
HOUSE BILL 419-FN
AN ACT relative to assault of a campaign worker at the polling place.
SPONSORS: Rep. Prudhomme-O'Brien, Rock. 6; Rep. Lynn, Rock. 7; Rep. Love, Rock. 6
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill establishes an enhanced criminal penalty for assault of a campaign worker at a polling
place.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 419-FN - AS INTRODUCED
21-0522
05/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to assault of a campaign worker at the polling place.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Election Procedure; Prohibited Acts; Assault. Amend RSA 659:41 to read as follows:
2 659:41 Assault, Etc. Any person who shall assault a town, city, or ward officer, or a campaign
3 worker at a polling place, as provided in RSA 631 in the discharge of any duty of his or her office
4 at any election shall be guilty of a class A felony or a class B felony, but never less than a class B
5 felony, other provisions of the law to the contrary notwithstanding. Any person who shall take
6 away, injure or destroy the ballot box or checklist when in use at any election shall be guilty of a
7 class B felony.
8 2 Effective Date. This act shall take effect January 1, 2022.
 LBA
21-0522
1/6/21
HB 419-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to assault of a campaign worker at the polling place.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2021 FY 2022 FY 2023 FY 2024
Appropriation $0 $0 $0 $0
Revenue $0 $0 $0 $0
Expenditures $0 Indeterminable Indeterminable Indeterminable
Funding Source: [ X ] General [ ] Education [ ] Highway [ ] Other
COUNTY:
Revenue $0 $0 $0 $0
Expenditures $0 Indeterminable Indeterminable Indeterminable
METHODOLOGY:
This bill adds assault of a campaign worker at a polling place to the list of chargeable crimes.
This bill contains penalties that may have an impact on the New Hampshire judicial and
correctional systems. There is no method to determine how many charges would be brought as a
result of the changes contained in this bill to determine the fiscal impact on expenditures.
However, the entities impacted have provided the potential costs associated with these penalties
below.
Judicial Branch FY 2021 FY 2022
Simple Criminal Case $309 $309
Routine Criminal Felony Case $494 $494
Appeals Varies Varies
It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is
more than ten years old and does not reflect changes to the courts over that same period of time or the
impact these changes may have on processing the various case types. An unspecified misdemeanor can be
either class A or class B, with the presumption being a class B misdemeanor.
Judicial Council
Public Defender Program Has contract with State to Has contract with State to
provide services. provide services.
Contract Attorney – Felony $825/Case $825/Case
Contract Attorney – Major $2,490/Case $2,490/Case
Crimes (aggravated felonious
 sexual assault, felonious
sexual assault and first
degree assault)
Assigned Counsel – Major
Crimes (aggravated felonious $100/Hour up to $8,000 $100/Hour up to $8,000
sexual assault, felonious
sexual assault and first
degree assault)
Assigned Counsel – Felony $60/Hour up to $4,100 $60/Hour up to $4,100
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to
be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled
by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned
counsel (1%).
Department of Corrections
FY 2020 Average Cost of $47,691 $47,691
Incarcerating an Individual
FY 2020 Annual Marginal
Cost of a General Population $6,407 $6,407
Inmate
FY 2020 Average Cost of
Supervising an Individual on $584 $584
Parole/Probation
NH Association of Counties
County Prosecution Costs Indeterminable Indeterminable
Estimated Average Daily Cost $105 to $120 $105 to $120
of Incarcerating an Individual
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice
has investigative and prosecutorial responsibility or is involved in an appeal, the Department
would likely absorb the cost within its existing budget. If the Department needs to prosecute
significantly more cases or handle more appeals, then costs may increase by an indeterminable
amount.
AGENCIES CONTACTED:
Departments of Justice and Corrections, Judicial Branch, Judicial Council and New Hampshire
Association of Counties


Statutes affected:
Introduced: 659:41
latest version: 659:41