House Bill 26-005

This bill establishes new legal procedures and civil liabilities related to election-related investigations and public claims about election fraud. The bill is intended to strengthen election integrity by requiring full cooperation in election proceedings and by creating accountability for knowingly false allegations that undermine public confidence in elections. 

The bill authorizes courts to compel witnesses and defendants in election-related criminal, civil, or administrative proceedings to provide testimony under oath. Individuals may not refuse to testify on the grounds that the testimony could be self-incriminating once ordered by a court. A refusal to testify may be introduced as evidence in court and may also constitute contempt of court, obstruction of justice, or a separate criminal offense if the refusal interferes with an investigation or proceeding. 

The legislation also addresses public allegations of election fraud. A person who publicly claims that election fraud or misconduct occurred in a way that could affect an election’s outcome must file a lawsuit or petition in court within thirty days outlining the factual basis for the claim. Failure to pursue such claims through the judicial process may result in civil liability if the allegation was made knowingly or in bad faith. 

Additionally, the bill creates a civil cause of action against individuals who knowingly or recklessly make materially false statements alleging election fraud. Lawsuits may be brought by the state, election officials, or other parties harmed by the false claims, with available remedies including damages, attorney fees, and injunctive relief. 

The Attorney General is designated as the primary enforcement authority, and courts are authorized to implement procedural rules necessary to carry out the act. The bill takes effect immediately upon passage and applies to election proceedings initiated thereafter.