New Hampshire Revised Statutes 664:18 – Complaints
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Any candidate or voter may make complaint in writing to the attorney general of any violation of any of the provisions of this chapter.
I. Upon receipt of such complaint, the attorney general or his designee shall review the complaint, and where sufficient evidence of a violation is presented, conduct investigations to determine whether a violation of this chapter has occurred.
II. Following investigation, the attorney general is empowered, if he determines that a provision of this chapter has been violated, to:
(a) Issue an order requiring the violator to cease and desist from his or her violation. If the attorney general’s order is not obeyed, the attorney general or designee may petition the superior court of the county in which the violation occurred for an order of enforcement.
(b) Prosecute to final judgment through his designee if sufficient cause for such prosecution is found.
III. If, in the opinion of any person making complaint, the family, business or political connection of the attorney general’s designee is such as to make it unlikely that he will act diligently and earnestly in any proceeding therefor, the person complaining may state such facts to the attorney general.
IV. If the attorney general believes that his designee will be hampered by any existing facts or circumstances and in any manner prevented from vigorously proceeding against any respondent complained against for such violation, or that the service of more than one attorney in any proceeding would be in the interest of the state, he shall have authority to employ and assign additional attorneys, to conduct or assist in conducting such proceeding. Such attorneys shall be allowed reasonable compensation, to be approved by the governor and council and paid by the state out of funds not otherwise appropriated.
I. Upon receipt of such complaint, the attorney general or his designee shall review the complaint, and where sufficient evidence of a violation is presented, conduct investigations to determine whether a violation of this chapter has occurred.
Terms Used In New Hampshire Revised Statutes 664:18
- Candidate: means any person publicly declared as such and for whom votes are sought in an election. See New Hampshire Revised Statutes 664:2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. Following investigation, the attorney general is empowered, if he determines that a provision of this chapter has been violated, to:
(a) Issue an order requiring the violator to cease and desist from his or her violation. If the attorney general’s order is not obeyed, the attorney general or designee may petition the superior court of the county in which the violation occurred for an order of enforcement.
(b) Prosecute to final judgment through his designee if sufficient cause for such prosecution is found.
III. If, in the opinion of any person making complaint, the family, business or political connection of the attorney general’s designee is such as to make it unlikely that he will act diligently and earnestly in any proceeding therefor, the person complaining may state such facts to the attorney general.
IV. If the attorney general believes that his designee will be hampered by any existing facts or circumstances and in any manner prevented from vigorously proceeding against any respondent complained against for such violation, or that the service of more than one attorney in any proceeding would be in the interest of the state, he shall have authority to employ and assign additional attorneys, to conduct or assist in conducting such proceeding. Such attorneys shall be allowed reasonable compensation, to be approved by the governor and council and paid by the state out of funds not otherwise appropriated.