New Hampshire HB 1788: holding state contracts with DEI provisions to be void as a matter of law and establishing a right of action for citizens where public entities or state agencies engage with contracts with DEI provisions.

Bill Text

HB 1788-FN - AS AMENDED BY THE HOUSE

11Mar2026... 0453h

2026 SESSION

 26-2401

 07/09

HOUSE BILL 1788-FN

AN ACT holding state contracts with DEI provisions to be void as a matter of law and establishing a right of action for citizens where public entities or state agencies engage with contracts with DEI provisions.

SPONSORS: Rep. Nalevanko, Ches. 9; Rep. DeRoy, Straf. 3; Rep. Wherry, Hills. 13; Rep. Sweeney, Rock. 25; Rep. Cambrils, Merr. 4; Rep. Berry, Hills. 44; Sen. Ward, Dist 8

COMMITTEE: Executive Departments and Administration

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AMENDED ANALYSIS

This bill:

 I. Requires courts to find that contracts that include DEI-related provisions are void as a matter of law.

 II. Allows citizens to sue public entities or state agencies for engaging in, or failing to investigate allegations of, contracts with DEI-related provisions.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2026... 0453h 26-2401

 07/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT holding state contracts with DEI provisions to be void as a matter of law and establishing a right of action for citizens where public entities or state agencies engage with contracts with DEI provisions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 The State and Its Government; Prohibition on Diversity, Equity, and Inclusion; Definitions. Amend RSA 21-I:112, II to read as follows: 

 II. "Diversity, equity, and inclusion" or "DEI" shall mean any program, policy, training, or initiative that classifies individuals based on a characteristic identified under RSA 354-A:1 for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law. DEI shall not include activities of registered student organizations, mental or physical health services by licensed professionals, bona fide qualifications based on sex, or any attempt to comply in good faith with the Americans with Disabilities Act. 

 2 The State and Its Government; Department of Administrative Services; Prohibition on DEI-Related Contract Provisions. Amend RSA 21-I:114 to read as follows: 

 21-I:114 Prohibition on DEI-Related Contract Provisions. 

 I. No agencies or political subdivisions shall enter into or renew any contract that includes DEI-related provisions, including requirements for contractors to implement DEI programs, conduct DEI training, or comply with DEI-related reporting obligations. 

 II. Any contract made in violation of this subdivision shall be void as a matter of law. A court of competent jurisdiction shall order the full rescission of a contract in violation of this subdivision. 

 III. Any citizen shall be entitled to bring a cause of action against any public entity, state agency, or political subdivision that has violated any part of this subdivision. Any citizen that can demonstrate such public entity, state agency, or political subdivision has violated any provision of this subdivision shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees in any action brought against such district or administrative unit. 

 3 Education; Prohibition on Diversity, Equity, and Inclusion in Public Schools; Definitions. Amend RSA 186:71, I to read as follows: 

 I. "Diversity, equity, and inclusion" or "DEI" shall mean any program, policy, training, or initiative that classifies individuals based on a characteristic identified under RSA 354-A:1 for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law. DEI shall not include activities of registered student organizations, mental or physical health services by licensed professionals, bona fide qualifications based on sex, or any attempt to comply in good faith with the Americans with Disabilities Act. 

 4 New Paragraphs; Education; Prohibition on Diversity, Equity, and Inclusion in Public Schools; Interpretation and Compliance. Amend RSA 186:77 by inserting after paragraph II the following new paragraphs: 

 III. A violation of this subdivision shall also be considered a violation of the educator code of conduct meriting disciplinary sanctions by the state board of education. 

 IV. Any contract made in violation of this subdivision shall be void as a matter of law. A court of competent jurisdiction shall order the full rescission of a contract in violation of this subdivision. 

 V. Citizens residing within a school district or school administrative unit shall be entitled to bring causes of action against any public school, school district, or