666:3 Official Misconduct. –
I. (a) 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.
(b) The attorney general shall investigate misconduct by an election official. If an election official is convicted, the attorney general shall remove the official's right to vote in accordance with part I, article 11 of the New Hampshire constitution.
II. (a) 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.
(b) Prior to the imposition of a civil penalty under subparagraph (a), the attorney general shall notify the county, city, town, school district, village district, or other political subdivision of the state's intention to seek such penalty. The notice of intent to seek a civil penalty shall include notice of the opportunity to respond, within 45 days, as to why the penalty shall not be imposed. The attorney general is authorized to negotiate and 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.
(c) If the county, city, town, school district, village district, or other political subdivision disputes the final determination of the attorney general, that political subdivision may appeal the attorney general's penalty assessment to the superior court.
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.
Source. 1979, 436:1, eff. July 1, 1979. 2022, 234:5, eff. Aug. 16, 2022; 327:1, eff. Sept. 6, 2022.