Sponsor proposes private right to sue over election-law breaches; opponents warn of ’floodgates’

HB 514, introduced in the Senate Judiciary Committee by Representative Ross Berry, would allow private citizens to sue for violations of election law contained in RSA 6:59 when the attorney general declines to pursue enforcement.

Representative Ross Berry, R‑Hillsborough 44, told the committee the bill responds to court rulings interpreting the provision that assigns civil enforcement to the attorney general as precluding private suits. “I am here today to introduce House Bill 514, private persons to sue for violations of elections law,” Berry said. He described the proposal as a framework that keeps the attorney general (AG) as the “first line of defense” while creating a limited private right of action where the AG does not act, and as preserving qualified immunity for election officials and limits on attorney fees.

The bill’s sponsor emphasized timing provisions he said are necessary for election disputes. Under the bill, Berry said, the Department of Justice (DOJ) would have five days to respond to complaints and, if the complaint arises within 15 days of an…