New Hampshire 2022 Regular Session

New Hampshire House Bill CACR16

Introduced
11/3/21  

Caption

Relating to election fraud. Providing that the attorney general shall prosecute any case of election fraud where there is clear and convincing evidence of such.

Impact

The passage of CACR16 would formally embed the prosecution of election fraud within the state's constitution, establishing a legal benchmark for actions around electoral integrity. The amendment is intended to bolster confidence in the electoral process by ensuring that cases of fraud are actively prosecuted, thereby signaling a robust stance against malfeasance during elections. This shift highlights the significance of the state in maintaining electoral integrity and could have ripple effects in the wider legal and political landscape.

Summary

CACR16 is a proposed constitutional amendment in New Hampshire that mandates the attorney general to prosecute any case of election fraud when there is clear and convincing evidence available. This amendment introduces a significant change to the state's constitutional guidelines by imposing a duty on the attorney general that was previously non-existent. If approved, failure to prosecute such cases could lead to the attorney general's removal from office, creating a strong incentive to actively pursue allegations of election fraud.

Sentiment

The sentiment surrounding CACR16 reflects a mix of support and criticism. Proponents view the bill as a necessary response to perceived irregularities in elections, aiming to enhance the accountability and responsiveness of the attorney general's office regarding election integrity issues. However, critics may express concerns regarding the potential for politicization of the office or fear that the stringent requirements could lead to overreach or unjust prosecutions, placing undue pressure on the attorney general.

Contention

One notable point of contention is the balance between vigorous enforcement of election laws and the potential implications for civil liberties. Detractors may argue that mandating prosecution could lead to unnecessary legal actions that may be more politically motivated than warranted. Additionally, there is concern about the threshold of 'clear and convincing evidence,' which may vary in interpretation, raising questions about the standard required for prosecutions and the implications for electoral candidates and voters alike.

Companion Bills

No companion bills found.

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