It's baseball season, so a quote from slugger Hank Aaron is appropriate as we prepare ourselves for the second half of the 2019 legislative session:

“You may not think you're going to make it. You may want to quit. But if you keep your eye on the ball, you can accomplish anything.”

It is critical that we keep our eye on the legislation we worked so hard to move forward in the beginning of the term, and keep the pressure on to ensure passage. Call your representatives; write a letter to the editor; show up for a hearing or vote; hold a sign.

Our legislators need to know that you've not taken your eye off the ball.

Crucial Votes Tuesday for SB 7 SMART Act Voter Registration and SB 8 Nonpartisan Redistricting Commission

Two important bills face committee votes this week in the House Election Law committee on Tuesday afternoon, 1 p.m, in room 308 of the LOB. The Senate's voting rights bill, the SB 7 SMART Act, funds changes to the New Hampshire DMV's software to allow voter registration when obtaining a driver's license or other business at the state agency. The SMART Act passed the Senate, 13-10. Supported by ODA

The SB 8 nonpartisan redistricting bill also faces a House committee vote immediately following SB 7. Because HB 706 has not yet been considered in the Senate, we expect SB 8 to be retained in deference to the slightly expanded HB 706, though the bills are quite comparable. However, it is still critical that your message of in support for HB 706 be sent to your Senator ASAP. Supported by ODA

House Election Law Votes Thursday on SB 106 Transparency Bill

SB106 revises a current statute, closing the loophole that allows groups to not to disclose their electioneering expenditures by restricting their advocacy to communications that do not expressly say vote “for” or “against” a candidate. Open Democracy Action's Gordon Allen testified in a written statement,

“This has allowed groups conducting large independent political campaigns to avoid registering with the secretary of state as “political advocacy organizations” as the law intended. These have been national groups conducting independent campaigns – estimated to spend millions on our NH primary and general elections. Because of this loophole, NH voters are being denied the right to know who these groups really are and how much they spend to defeat or elect their targeted candidates.”

Opposing testimony from Americans for Prosperity had been expected, but no one in testified in opposition of the bill. Open Democracy Action's Rick Bourdon, Bob Perry, Gordon Allen and Olivia Zink all testified in favor of the bill.

The amendment to the bill threw out some of the original language and set a threshold of $2500 of political communications or advertising at which the group becomes a political advocacy group. SB 106 passed unanimously in the Senate. The executive session begins at 11 a.m. Thursday, room 308 of the LOB. Co-Authored and supported by ODA

Committee Vote Tuesday on Whether Utilities May Pass on Costs of Lobbying to Ratepayers

SB 206 would prevent public utilities from passing on to customers some of their costs for lobbying and other political activity. On big, controversial projects like Northern Pass or pipelines, this amount can run into hundreds of thousands of dollars. SB 206 passed the Senate 24-0. Room 308 of the LOB, beginning at 1 p.m. Supported by ODA

UPCOMING HEARINGS & SESSION VOTES

Red = Open Democracy Action Priority Bill

Tuesday, April 23, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. SB 71, relative to the election of delegates to party conventions.

10:30 a.m. SB 105-FN, relative to contributions to inaugural committees.

1:00 p.m. Executive session on:

SB 7-FN-L, SMART ACT; establishing the secure modern accurate registration act Supported by ODA

SB 8, establishing an independent redistricting commission; Supported by ODA

SB 206, excluding the cost of lobbying and political activity from the rates of public utilities; Supported by ODA

SB 283-FN, relative to post-election audits of electronic ballot counting devices.

WEDNESDAY, APRIL 24, 2019

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

9:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION

10:00 a.m. HB 345, relative to certification of devices for the electronic counting of ballots.

10:15 a.m. HB 452, establishing a commission on the first-in-the-nation presidential primary.

10:45 a.m. HB 611-FN, allowing voters to vote by absentee ballot.

11:30 a.m. HB 651, allowing the use of campaign funds for child care expenses.

Thursday, April 25, 2019

HOUSE ELECTION LAW, Room 308, LOB

11:00 a.m. Executive session on

SB 44, relative to election procedures, delivery of ballots, and assents to candidacy;

SB 45, relative to electioneering at polling places;

SB 66, relative to political contributions by candidates for certain offices;

SB 67, relative to the definitions of resident and residency;

SB 68, relative to the centralized voter registration database;

SB 70, relative to vacancies among primary candidates and prohibiting a candidate from receiving the nomination of more than one party;

SB 104-L, relative to the postponement of city, town, village, and school district elections;

SB 106, relative to the definition of political advocacy organization. Supported by ODA

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

Note: The Committee will meet at 1:00 p.m. or 30 minutes following the end of Session.

1:15 p.m. HB 415, relative to the official ballot referendum form of town meetings.

1:45 p.m. HB 531, relative to the delivery of absentee ballots cast by elderly or disabled citizens.

2:00 p.m. HB 315, relative to the Interstate Voter Registration Crosscheck Program.

EXECUTIVE SESSION MAY FOLLOW

This Week's Session Meetings

The Senate will be meeting this Thursday April 25 at 10 a.m., though no Democracy bills are scheduled for a full Senate vote. We anxiously await HB 706 in the Senate after SB 8 is decided in the House. Be prepared to attend the State House in force as HB 706 is heard.

The next House sessions will be on Thursday, May 2 at 1 p.m. and likely Wednesday and Thursday, May 8 & 9. Because of the several Democracy bills being heard in committee this week, the next sessions will be important ones for mobilization. Please mark your calendars.

Last Week's Hearings

LLC Loophole Bill SB 156 Hearing Faces Little Opposing Testimony

Prime sponsor Sen. Dan Feltes and Open Democracy Executive Director Olivia Zink testified in support in House Election Law committee last week, with little opposition and few questions from lawmakers. SB 156 would force donors using a limited liability corporation to make campaign donations to disclose who is making the donation and how much. SB 156 passed the Senate by a 13-11 margin. Supported by ODA Hearing

Study Committee to Enhance Civic Engagement, HB 429 Heard

HB 429 faced little only one question from Sen. Sherman after testimony from Olivia Zink, and no opposing testimony. HB 429 creates a committee to study how civic engagement can be expanded in the state. We support the creation of this committee, as did House Election Law in a 19-0 vote. Supported by ODA

Final Push for HB 706: LTEs, Contacts with Legislators Needed

While we don't have a date for action on HB 706 in the Senate, the time to act is now! We need to get your letters in the pipeline, and please try to educate the groups in your universe about the importance of having a nonpartisan redistricting commission. Thanks to Concord's Mary Wilke, whose letter, “If you want fairness in elections, end gerrymandering” was published this last week in the Concord Monitor.

If HB 706 passes in the Senate, Governor Sununu may need to be persuaded to pass it. The governor needs to understand the consequences of acting against the New Hampshire electorate, who support a nonpartisan approach to redistricting. Once you've sent your letter to the papers, make sure to send a copy of it to Governor Sununu.

Friday: National Book Award Finalist Nancy MacLean, Author of Democracy in Chains, April 26

If you're planning to attend the address by Nancy MacLean, you must Register ASAP to guarantee your seat. The event is this Friday, April 26, 6 p.m. at the Puritan Back Room in Manchester. Tickets are $60.00, and proceeds benefit Open Democracy's mission.

Prof. MacLean is the William H. Chafe Professor of History and Public Policy at Duke University and author, most recently, of Democracy in Chains.

Published this past June, Democracy in Chains was a finalist for the National Book Award, and the winner of the Lannan Foundation Cultural Freedom Award, the Los Angeles Times Book Award in Current Affairs, and the Lillian Smith Book Award. The Nation magazine named it the “Most Valuable Book”of the year.  

Want to learn more about Professor MacLean? Read an interview done when she received her National Book Award nomination.

LEGISLATION WE'RE WATCHING THIS TERM

For updates and descriptions of the other important democracy legislation this session, click on the links below.

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: [email protected]; (603) 661-8621 (cell)

Rick Bourdon: [email protected]; (603) 795-2818; (603) 759-1888 (cell)

Brian Beihl: [email protected] (603) 620-8300 (cell)

We know that voters are thinking about other things – namely taxes – on April 15. But then, taxation is one of the functions of government that the voters should control through their representatives. Voters of every persuasion demand that they pay only their fair share – only to see legislators get pressured by Big Money special interests pressure legislators to give tax breaks. The key to fixing this inequality lies in making legislators accountable to the voters, not donors.

House Hears SB 106, Setting Expenditure Thresholds for Political Advocacy Groups

SB106 revises 2018's SB 33, closing the loophole that allows groups to not to disclose their electioneering expenditures by restricting their advocacy to communications that do not expressly say vote “for” or “against” a candidate. The amendment to the bill threw out some of the original language and instead sets $2500 of political communications or advertising as the threshold when the group becomes a political advocacy group. SB 106 passed unanimously in the Senate. Open Democracy Action policy board members will be testifying in the hearing on Tuesday at 10 AM in room 308 of the LOB. Supported by ODA

Closing the LLC Loophole Takes Another Step as SB 156 Reaches House Election Law

While it does not stop the flow of campaign donations, the Senate's ought to pass recommendation of SB 156 would force donors using a limited liability corporation to make campaign donations to disclose who is making the donation and how much. Open Democracy Action will be testifying for the bill. SB 156 passed the Senate by a 13-11 margin. The hearing is at 1 p.m. Tuesday, LOB 308. Supported by ODA 

Senate Election Law Should Endorse HB 429

As you may remember, Open Democracy published the Open Democracy Index in 2016 which measured civic engagement in NH to a mixed result. While New Hampshire has high marks in some areas of our democracy, other areas, including civics education, have weakened in recent decades. HB 429 creates a committee to study how civic engagement can be expanded in the state. We support the creation of this committee, as did House Election Law in a 19-0 vote. Supported by ODA

UPCOMING HEARINGS & SESSION VOTES

Red = Open Democracy Action Priority Bill

TUESDAY, APRIL 16, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. SB106, relative to the definition of political advocacy organization. Supported by ODA

10:30 a.m. SB 67, relative to the definitions of resident and residency.

1:00 p.m. SB 156, relative to political contributions made by limited liability companies. Supported by ODA

1:30 p.m. SB 68, relative to the centralized voter registration database.

WEDNESDAY, APRIL 17, 2019

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

9:15 a.m. HB 429 ishing a committee to study ways to improve civic engagement in New Hampshire. Supported by ODA

9:30 a.m. HB 539-FN, establishing a committee to study the implementation of the One4All ballot in municipal elections.

9:45 a.m. HB 105-FN, relative to domicile residency, voter registration, and investigation of voter verification letters.

10:15 a.m. HB 106, relative to the terms “resident,” “inhabitant,” “residence,” and “residency.”

EXECUTIVE SESSION MAY FOLLOW

TUESDAY, APRIL 23, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. SB 71, relative to the election of delegates to party conventions.

10:30 a.m. SB 105-FN, relative to contributions to inaugural committees.

This Week's Session Meetings

The House will not be meeting this week, and will be “at the Speaker's discretion” for the next couple of weeks, now that the budget is settled. The Senate will meet in session this week, Thursday, April 18, but no democracy legislation is before the assembly.

Last chance to register to hear National Book Award Finalist Nancy MacLean, Author of Democracy in Chains, April 26

Time is running out to Register to hear author and professor Nancy MacLean on Friday, April 26, 6 p.m. at the Puritan Back Room in Manchester. Tickets are $60.00, and proceeds benefit Open Democracy's mission.

Prof. MacLean is the William H. Chafe Professor of History and Public Policy at Duke University and author, most recently, of Democracy in Chains.

Published this past June, Democracy in Chains was a finalist for the National Book Award, and the winner of the Lannan Foundation Cultural Freedom Award, the Los Angeles Times Book Award in Current Affairs, and the Lillian Smith Book Award. The Nation magazine named it the “Most Valuable Book”of the year.  

Keep the LTEs Coming: Support HB 706 and SB 8 Nonpartisan Redistricting Commission Bills

Letters have been appearing around the state, but if you haven't written a letter yet, now is the time! We expect HB 706 to be heard in the Senate shortly.

Thanks to Claudia Damon of Concord, who wrote in the Concord Monitor, and Devin Chaloux, who wrote a letter a couple of weeks ago in The Forum, covering Northwood, Deerfield and Nottingham.

One thing we do ask you include is a request for readers to call & write their Senator and state representatives. Once you've sent your letter to the papers, make sure to send a copy of it to Governor Sununu, who has sisignaled that he doesn't think a nonpartisan redistricting commission is necessary. Help him change his mind.

LEGISLATION WE'RE WATCHING THIS TERM

For updates and descriptions of the other important democracy legislation this session, click on the links below.

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: [email protected]; (603) 661-8621 (cell)

Rick Bourdon: [email protected]; (603) 795-2818; (603) 759-1888 (cell)

Brian Beihl: [email protected] (603) 620-8300 (cell)

No, it's not an April Fool's prank. The New Hampshire Senate moved three Democracy bills forward to the NH House this week! Nonpartisan democracy organizations like Open Democracy Action and its allies didn't get everything they wanted this term, but voters should be pleased with the support from both sides of the New Hampshire State House.

SB 8 Nonpartisan Redistricting Commission Clears NH Senate;
HB 706 Arrives in the Senate in Mid April

In a 14-10 decision, the Senate approved the SB 8 nonpartisan redistricting commission to go to the House, and the House's version, HB 706, is due in the Senate's chamber the week of April 8.

In last week's discussion of SB 8, we noted that the bill was amended to be very similar to HB 706. ow the focus turns to HB 706, which is expected on the Senate floor in April. HB 706 has a few minor differences, but the bills are comparable. Neither bill enshrines the nonpartisan redistricting commission in the New Hampshire constitution as CACR 9, which was tabled in the House in February.

SB 8 has been scheduled for House Election Law Tuesday, April 9 at 2:00 pm, LOB 308.  Supported by ODA

Image: Gerrymandered Senate Districts from 1875

LLC Loophole Plugged with SB 156; ITL of SB 155 Continues Corporate Donations

While it does not stop the flow of campaign donations, the Senate's 13-11 passage of SB 156 would force donors using a limited liability corporation to make campaign donations to disclose who is making the donation and how much. SB 156 continues on to the House. Unfortunately, SB 155, which failed on a voice vote, would have kept corporations from making donations out of general funds (but allowing them under restricted accounts). Both bills supported by ODA

SB 106 Political Advocacy Bill Hits Home Run in Senate, 24-0

SB 106, which sets an electioneering disclosure threshold, passed 24-0 –- a resounding win that surprised even insiders. The bill clarifies an existing law to require advocacy organizations which spend $2,500 or more in elections to register with the NH Secretary of State. Members of Open Democracy Action's Policy Committee helped to draft the bill and testified for it. Supported by ODA

Senate Re-Refers SB 158, Disclosure of Lobbying Efforts by Towns

Sen. Guida's bill seeks to segregate money paid to groups like the NH Municipal Association for lobbying efforts. Senators asked several questions regarding different organizations or ad hoc groups, and raised questions regarding the status of nonprofits vs. for-profit lobbying organizations. Senators ultimately decided that the bill needed additional work.

UPCOMING HEARINGS & SESSION VOTES

Wednesday, April 3, 2019NESDAY, APRIL 3, 2019

ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

9:15 a.m. HB 145, relative to the counting of secret ballots.

9:45 a.m. HB 146, relative to the counting of defective ballots.

EXECUTIVE SESSION MAY FOLLOW

The House will meet on Thursday, April 4, 2019 at 10:00 a.m. and again on Thursday, April 11 at 10:00 a.m.

Currently there are no democracy bills before the full House for April 4, and there are no hearings before the House Elections Law committee. SB 8 has been scheduled for House Election Law Tuesday, April 9 at 2:00 pm, LOB 308.
 

Passing of Democracy Activist and NH State Representative Barbara Hull Richardson

A friend to NH democracy, Barbara Hull Richardson passed away on March 23 at the age of 96. Barbara was a longtime friend to Doris "Granny D" Haddock, and member of PACE, an organization which has helped to keep Granny D's mission alive.

Olivia Zink, Executive Director of Open Democracy, commented on Barbara's contribution to New Hampshire's democracy. “Many were influenced by Granny D but Barbara was the first to take action for democracy reform with a letter to the editor or a call to her legislators. She didn’t let her age, health or anything else stand in the way, she would show up and make her voice heard. She was dedicated, passionate and will be missed,' Zink said.

Writing in the NH House Journal, House Speaker Stephen J. Shurtleff said, “A truly remarkable woman, Barbara was known as 'a rebel without a pause,' passionately representing the Monadnock Region for 18 years in the House. We are grateful for her service in the House and extend our deepest condolences to her friends and family.” 
 

Meet National Book Award Finalist Nancy MacLean,
Author of Democracy in Chains, April 26

Register now to hear author and professor Nancy MacLean on Friday, April 26, 6 p.m. at the Puritan Back Room in Manchester. Tickets are $60, and proceeds benefit Open Democracy's mission.

Prof. MacLean is the William H. Chafe Professor of History and Public Policy at Duke University and author, most recently, of Democracy in Chains.

Published last June, Democracy in Chains was a finalist for the National Book Award, and the winner of the Lannan Foundation Cultural Freedom Award, the Los Angeles Times Book Award in Current Affairs, and the Lillian Smith Book Award. The Nation magazine named it the “Most Valuable Book”of the year.  

Register by April 12 and you'll receive a copy of Democracy in Chains with your registration.

Letters to the Editor Needed ASAP to Support Nonpartisan Redistricting Commission Bills

We expect that HB 706 will be before the Senate in mid April. Letters to the editor in your community's paper will help send the message that citizens are serious about about voting district reform.

We ask that you write it in your own words, but here's a great example of a letter from Jim Howard, a supporter of Open Democracy, that appeared last week in the Concord Monitor, and another from Kent Street Coalition supporter Sally Hatch, to give you an idea of what you can say.

One thing we do ask you include is a request for readers to call and write their state Senator and Representatives. Once you've sent your letter to the papers, make sure to send a copy of it to Governor Sununu, who has signaled that he doesn't think a nonpartisan redistricting commission is necessary. Help him change his mind.

Excited about Ranked Choice Voting? Get Involved April 7!

Our democracy partner Equal Citizens has been championing ranked-choice voting this term in the NH legislature. In the coming weeks, an amendment will likely be introduced in the Senate to included ranked-choice voting for the NH Primary. A strategy session will be held this Sunday, April 7, 1-2:30 at New England College, 62 N. Main St. in Concord, followed by a 3 p.m. town hall with presidential candidate Andrew Yang at Concord High School. RSVP for the town hall here.

LEGISLATION WE'RE WATCHING THIS TERM

For updates and descriptions of the other important democracy legislation this session, click on the links below.

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: [email protected]; (603) 661-8621 (cell)

Rick Bourdon: [email protected]; (603) 795-2818; (603) 759-1888 (cell)

Brian Beihl: [email protected] (603) 620-8300 (cell)

SB 8 Vote Likely Thursday for Senate's Nonpartisan Redistricting Commission

With the NH House completing its democracy bills two weeks ago, the action has been in the Senate last week and for the Wednesday, March 27 full session.

SB 8 has now been amended to include many of the elements of the House's version, HB 706. Both bills now include a 15-member commission chosen from a pool of 45 initial candidates, a four-year absence from State government for legislators and state officials, and prohibitions of party leaders, big donors, family members of legislators and lobbyists. Both SB 8 and HB 706 protect fairness for ethnic and communities of interest. The bill passed in the Elections Law and Municipal Affairs committee along party lines 3-2. Supported by ODA, recommend OTP with a roll call vote

Will Transparency Win Over Special Interests? SB 155 & 156

The full Senate votes Wednesday on two campaign finance bills which pit transparency of donations against special interests and big donors. 

Prior to the year 2000, RSA 664 barred “business entities” from making political contributions directly to a candidate. A court case deemed the language in RSA 664 too broad, and the NH Legislators struck the “business entity” language from the law.

As a result, for the last 18 years, business donations directly to candidates have not been prohibited. SB 155 restores the “business entity” language, and because language of allowing donations to “Segregated Funds” not controlled by the candidates had already be added, the bill is now acceptable to the courts. Unfortunately, though, the Elections Law Committee voted it Inexpedient to Legislate in a 4-1 vote. We hope the full Senate will reconsider this bill and vote OTP. Supported by ODA, recommend committee override, OTP

In a related vote, on SB 156, the committee did vote to close the so-called “LLC loophole.” This bill will fix a loophole in current federal legislation to get around campaign contribution limits by anonymously donating to a limited liability corporation, or LLC. The bill apportions the donation amounts by that person's share in the LLC, and requires that names and addresses be disclosed when reporting to the NH Secretary of State. The committee voted OTP 3-2, and it will be before the full Senate this Wednesday. Supported by ODA, recommend OTP with a roll call vote

SB 106 Defines Political Advocacy Groups

Because of a weak definition in state law, some groups sending mailers and doing electioneering on behalf of candidates have skirted existing campaign spending disclosure rules. SB 106 expands the definition of political advocacy groups including an annual political spending threshold of $5,000 as proposed, but an even lower threshold of $2,500 was proposed in a hearing last week. Conservative groups like Americans for Prosperity and Cornerstone Action are opposed, citing the need to register and that the definition is too wide, and might encompass the media. Open Democracy Action's Rick Bourdon testified in support of the bill:

SB 106 has been carefully constructed to address a glaring loophole in New Hampshire election law that certain groups have exploited over the years. Open Democracy Action supports any amendment to the bill that addresses legal concerns so long as, in the end, that loophole is closed for good. The bill should be implemented right away so that we don't go through another election cycle without a full accounting of electioneering spending. I strongly encourage the Committee to vote Ought to Pass on SB 106. Supported by ODA, recommend OTP

SMART Act SB 7 Passes 14-10 in the Senate

The SMART Act, SB 7, seeks to facilitate voter registration during transactions at the Department of Motor Vehicles, such as drivers license renewals new licenses. Due to the integration of new data into the DMV databases, there is a cost to such a bill, with estimates of $500,000. Like SB 8, the Smart Act was supported by Democrats and not Republicans, 3-2, and was mirrored in the Senate with a 14-10 party line vote. Make sure to drop your senator a line thanking them for their support of democracy  - and ask those who voted against it, "Why not?"   The bill now crosses over to the House.

 UPCOMING HEARINGS & SESSION VOTES

Red = Open Democracy Action Priority Bill

The Senate will meet in session on Wednesday, March 27, 2019 at 3 p.m., and Thursday, March 28, at 9 a.m.

SB 283, Authorizes the Secretary of State to acquire and review new types of optical vote counting machines in anticipation of replacing older machines. 5-0 OTP in committee.

SB 8, the Senate's own version of the nonpartisan redistricting commission. The bill has been amended to now have 15 commissioners, none of whom are sitting legislators or have been for the previous four years. Also a change, like HB 706, the pool begins with 15 each of Republicans, Democrats and Independents/3^rd party members. Supported by ODA, recommend OTP with a roll call vote

SB 67, relative to the definitions of resident and residency. Similar to HB 106, this bill attempts to clarify language regarding domain and residency. It adds the following language to the existing RSA 21:6: “A person who satisfies the definition of residency in this section, but who does not have a current intent to remain in his or her place of domicile or abode for the indefinite future, including  military personnel, a student of any institution of learning, or a person employed for a fixed term, is not a resident for the purposes of Title XXI of New Hampshire's statutes governing motor vehicles.” Supported by ODA through its allies.

SB 155, relative to permissible campaign contributions by business organizations. Inexpedient to Legislate, Vote 4-1. Supported by ODA, recommend committee override, OTP 

SB 156, relative to political contributions made by limited liability companies. Ought to Pass, Vote 3-2. Supported by ODA, recommend OTP

SB 158, relative to town and city membership in a nonprofit, nonpartisan organization and prohibiting recipients of municipal or county funds from using such funds for lobbying. Re-refer to Committee, Vote 3-2.
 

Results of Last Week's Full Senate Votes

Next sessions for the full NH Senate and full NH House, 10 AM. There are several democracy-related bills being acted on in the session.

OTP = Ought to Pass

ITL = Inexpedient to Legislate

SB 7, (March 14) Passed, roll call vote, 14-10 establishing the secure modern accurate registration act (SMART ACT), a bill to facilitate voter registration during transactions at the Department of Motor Vehicles, such as drivers license. renewals new licenses.

SB 304, (March 14) Re-Referred to Committee The Voter-Owned Elections Act has been recommended by the committee for re-refer, after members concluded that the cost shouldn't be covered by taxpayers. Vote 3-2 for re-refer, and the Open Democracy Action policy committee will continue to work until the bill's return in January 2020

SB 231, (March 14) Re-Referred to Committee Establishes rules, process and penalties for untruthful political advertising. The committee voted 5-0 to re-refer this.

SB 305, (March 14) Re-Referred to Committee Similar to SB 7, SB 305 allows voters obtaining or renewing a drivers license to register to vote. Costs associated include the programming of the state systems to enter and store relevant data. The committee voted to re-refer this bill, though SB 7 was voted OTP.

SB 206, (March 21) Passed, roll call vote, Hundreds of thousands of dollars are spent in major lobbying efforts like Northern Pass. This bill proposes that those costs are not passed on the the consumer. This bill had passed the Senate Energy and Natural Resources Committee and was confirmed with a bipartisan 24-0 vote in the full Senate.

SB 230, (March 21) Passed, voice vote, then tabled, voice vote. The bill requiring the Attorney General to hire staff to supervise election law, campaign finance law, and lobbying matters. The Attorney General testified in support of the bill. OTP by a voice vote, followed by Senator Feltes’ motion to table, which also passed by a voice vote.

LEGISLATION WE'RE WATCHING THIS TERM

For updates and descriptions of the other important democracy legislation this session, click on the links below.

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: [email protected]; (603) 661-8621 (cell)

Rick Bourdon: [email protected]; (603) 795-2818; (603) 759-1888 (cell)

Brian Beihl: [email protected] (603) 620-8300 (cell)

While U.S. House Passes Sweeping H.R. 1 Democracy Bill,

The New Hampshire Senate Punts on Publicly-Funded Elections

Earlier this week, Maryland's U.S. Rep. John Sarbanes remarked on the passage of H.R.1, a sweeping democracy bill which included a public financing of elections component.

“Across the country, Americans of all political stripes feel left out and locked out of their own democracy. When the American people look at Washington, they see big money and special interests that have too much influence over the way that policy gets made – and they want that to change. That’s why I, along with my colleagues, introduced and passed H.R. 1. Every single page of this bill was designed to respect and empower the American people, and to make Washington more responsive to the needs and priorities of the public.”

We can't say the same for New Hampshire. In a week of mixed success for democracy in the NH House and Senate, a vote on SB 304 shows that we in New Hampshire are 100% behind preserving our democracy and getting special interest influence out of politics – provided it doesn't cost any money.

We wonder what one of New Hampshire's favorite sons, Daniel Webster, would have thought about not moving forward a piece of legislation which would empower the average voter and reduce the influence of the 591 people in who donate the majority of campaign funds.

You'll notice that he's not smiling.

Voter-Owned Elections Act SB 304 “Re-Referred;” to be

Revisited in Senate Elections Law in January 2020

The NH Senate Election Law & Municipal Affairs committee took votes on two pending bills this week, including our highest priority, SB 304. Sens. Sherman and Levesque expressed support for the concept of the bill and want to see it moved forward, but would like to see more work on the financing mechanism. Senator Morgan, unaware of the bipartisan sponsors left off the bill by Legislative Services, cited the lack of sponsors. Sens. Birdsell and Gray conceptually oppose the bill.

In the end, the Election Law committee voted 3-2 for a “re-refer,” which retains the bill in committee for further work, to be reconsidered in a small window of 2019 bills in the first few days of January.

This Thursday, the full Senate will vote to confirm the re-refer. With the success of public financing in neighboring states, a national effort underway, and campaign spending increasing since 2008, voters will be looking carefully at Thursday's vote.

SB 7 “SMART Act” Voter Registration Bill Moves Forward

In the same executive session, the Senate Election Law and Municipal Affairs committee did move SB 7, a bill to facilitate voter registration during transactions at the Department of Motor Vehicles, such as drivers license renewals new licenses. The 3-2 OTP with amendment vote did not have Sen. Gray's support in the end, as his amendment failed, though he is a proponent of reducing voting day registration lines. Sen. Birdsell felt that the additional burden on an already understaffed department plus IT programming and personnel required was not worth additional voter access.

Overturn Citizens United Bill HB 504 Moves to the NH Senate

A number of bills, resolutions and a NH Constitutional amendment have come before the legislature, this session. These bills seek to overturn the U.S.Supreme Court's Citizens United decision, allowing unlimited spending on campaigns as free speech. HB 504 is the first of these bills to cross over to the Senate after a 200 to 149 division vote. This bill requires specific U.S. Constitutional amendment language, assembles a state committee to hear input from the public, and requires that redistricting not favor one political party over another. HCR 5 , which instructs our Congressional delegation to support a Constitutional amendment overturning the Citizens United decision, is on the NH House floor this Thursday, March 14.

Two Voting Rights Constitutional Amendments Tabled

Despite a 16-3 OTP out of committee, CACR 5, which would have allowed 17 year olds who will be eligible to vote in the general election be permitted to vote on that election’s primary, failed to gain the 2/3 majority needed to move a NH Constitutional amendment forward. The vote was 217-151. After a vote to ITL the bill failed, the amendment was tabled and is unlikely to return this session.

CACR 6 proposed expanding absentee ballots to all voters regardless of reason, and was voted 12-7 OTP out of committee. On the floor, the bill has a simple majority 208-158 on a division vote, but again failed to reach the 2/3 supermajority threshhold.

UPCOMING HEARINGS & SESSION VOTES

Red = Open Democracy Action Priority Bill

TUESDAY, MARCH 12, 2019

SENATE ENERGY AND NATURAL RESOURCES COMMITTEE, Room 103, LOB

9:00 a.m. SB 206, excluding the cost of lobbying and political activity from the rates of public utilities. Hundreds of thousands of dollars are spent in major efforts like Northern Pass. Rescheduled from last week, this bill proposes that those lobbying costs are not passed on the the consumer. Supported by ODA, recommend OTP

WEDNESDAY, MARCH 13, 2019NESDAY, MARCH 6, 2019

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

9:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION We anticipate the following bills to be voted on in this executive session:

SB 8, the Senate's own version of the nonpartisan redistricting commission. Unlike the House version, the commission is limited to seven members, four members who are not legislators, party leaders, lobbyists or their families. These are appointed by the president of the Senate, the Speaker of the House, and the House and Senate minority leaders. Those members choose the remaining three. Supported by ODA

SB 155, relative to permissible campaign contributions by business organizations.

Prior to the year 2000, RSA 664 barred “business entities” from making political contributions directly to a candidate. A court case deemed the language in RSA 664 too broad, and the NH Legislators struck the “business entity” language from the law. As a result, for the last 18 years, business donations have not been prohibited to candidates.. SB 155 restores the “business entity” language, and because language of allowing donations to “Segregated Funds” not controlled by the candidates – political action committees – had already be added, the bill is now acceptable to the courts. Important note: If this bill passes, SB 156 becomes moot, as an LLC is a business entity. Supported by ODA, recommend OTP

SB156 relative to political contributions made by limited liability companies. This bill will fix a loophole in current legislation to get around campaign contribution limits. Supported by ODA

10:30 a.m. SB 106, relative to the definition of political advocacy organization and expenditure. This a revision of 2018's SB 33, closing the loophole that allows groups to not to disclose their electioneering expenditures by restricting their advocacy to communications that do not expressly say vote “for” or “against” a candidate. Sponsored by Senator Dan Feltes Co-Authored and supported by ODA

11:00 a.m. SB 67, relative to the definitions of resident and residency. Similar to HB 106, this bill attempts to clarify language regarding domain and residency. It adds the following language to the existing RSA 21:6: “A person who satisfies the definition of residency in this section, but who does not have a current intent to remain in his or her place of domicile or abode for the indefinite future, including  military personnel, a student of any institution of learning, or a person employed for a fixed term, is not a resident for the purposes of Title XXI of New Hampshire's statutes governing motor vehicles.”

THURSDAY, MARCH 14, 2019

The House will meet on Thursday, March 14 at 1:00 p.m., and potentially Tuesday, March 19, Wednesday, March 20 and Thursday, March 21. The major democracy legislation this week is:

HCR 5 Resolution to Overturn Citizens United, was recently heard in the House State-Federal Relations & Veterans Affairs committee, and has since passed OTP in an 11-7 vote. As noted above, this resolution instructs our Congressional delegation to support a Constitutional amendment overturning the Citizens United decision. Open Democracy Action's Executive Director Olivia Zink testified during the hearing: “96% of Americans believe that unlimited big money has a corrupting and undue influence over our political process. Republicans, Democrats, Independents, most people that we've talked to, do not look at this issue as being right/left or liberal vs. conservative, but rather as a move to put 'We the People' back in charge of our democracy and large, moneyed interests out.”

Supported by ODA. Recommend an OTP with roll call vote.

The Senate will meet in session on Thursday, March 14, 2019 at 10:00 AM

ELECTION LAW AND MUNICIPAL AFFAIRS

SB 7,-FN-L, establishing the secure modern accurate registration act (SMART ACT), a bill to facilitate voter registration during transactions at the Department of Motor Vehicles, such as drivers license. renewals new licenses. Supported by ODA, recommend OTP

SB 231-FN, Establishes rules, process and penalties for untruthful political advertising. The committee voted 5-0 to re-refer this.

SB 283-FN, Authorizes the Secretary of State to acquire and review new types of optical vote counting machines in anticipation of replacing older machines. 5-0 OTP in committee.

SB 304-FN-A, The Voter-Owned Elections Act has been recommended by the committee for re-refer, after members concluded that the cost shouldn't be covered by taxpayers. Vote 3-2 for re-refer, and the Open Democracy Action policy committee will continue to work until the bill's return in January 2020 Supported by ODA

SB 305-FN, Similar to SB 7, SB 305 allows voters obtaining or renewing a drivers license to register to vote. Costs associated include the programming of the state systems to enter and store relevant data. The committee voted to re-refer this bill, though SB 7 was voted OTP.

Results of Last Week's Full House Votes

Next sessions for the full NH Senate and full NH House, 10 AM. There are several democracy-related bills being acted on in the session.

OTP = Ought to Pass
ITL = Inexpedient to Legislate

HB 315 Ought to Pass with Amendment, Voice Vote. The full House voted to not allow the NH Secretary of State to share New Hampshire voter data with the controversial Interstate Voter Registration Crosscheck Program. The IVRC is a multi-state initiative started in 2005 to curtail dual voting in states. The program's database has shown to provide inaccurate returns (some reports show as much as 75% to 90% of the time). Eight states have already pulled out of the program.. Supported by ODA through its allies.

HB 504 Ought to Pass, Division Vote, 200-149 Unlike the resolution HCR 5,which directs our Congressional delegation to take action on overturning Citizens United but can't be ratified by the NH Senate, HB 504 requires specific U.S. Constitutional amendment language, assembles a state committee to hear input from the public, and requires that redistricting not favor one political party over another. Supported by ODA.

HB 531 Ought to Pass with Amendment, Voice Vote The House agreed with the Elections Law Committee to expand the definition of who may act as a “delivery agent,” and permits unrelated caregivers to deliver absentee ballots on behalf of voters who reside in nursing homes or assisted living facilities. Supported by ODA through its allies.

HB 593 clarifies what steps must be taken for a NH voter who dies out-of-state to be removed from the voter rolls. Ought to Pass with Amendment, Voice Vote

CACR 5, relating to the right to vote. Tabled, see “Two Voting Rights Constitutional Amendments Tabled”

CACR 6, relating to elections. “Two Voting Rights Constitutional Amendments Tabled”

HB 105 relative to domicile residency, voter registration, and investigation of voter verification. Ought to Pass: 209-155 HB 105 is an attempt to reform last year's HB 372, which put layers of requirements for medium-term residents in order to vote, particularly for students at NH universities and locally-posted military personnel. The Elections Law committee voted 20-0 OTP with amendment in a nonpartisan vote, but the final vote was strictly along party lines. Supported by ODA through its allies.

HB 106 relative to the terms “resident,” “inhabitant,” “residence,”and“residency.” Ought to Pass, Roll Call Vote, 213-154. The definition of “residence” was narrowed in the 2018 HB1264 law. HB106 restores the original language of “for the indefinite future” referring to the principal place of residence. The vote broke along party lines, 12-8. Supported by ODA through its allies.

HB 202 relative to requirements for presidential primary candidates. ITL 291-72 The Election Law committee did not agree that candidates registering for the NH Primary should disclose their tax returns, nor did the full House.

HCR 5 Moved to March 14 session.

For updates and descriptions of the other important democracy legislation this session, click on the links below.

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: [email protected]; (603) 661-8621 (cell)

Rick Bourdon: [email protected]; (603) 795-2818; (603) 759-1888 (cell)

Brian Beihl: [email protected] (603) 620-8300 (cell)

We're encouraged by the many democracy votes going the voters' way this past week, but the upcoming week has key tests of the resolutions for the overturning of Citizens United, lobbying reform, voting rights, and Open Democracy Action's highest priority, SB 304, the Voter-Owned Elections Act.

Voter-Owned Elections Act Faces Key Vote March 6;
Call Senate Election Law Committee, Attend the Hearing

One of the criticisms we hear from legislators of democracy legislation is “we can't afford it.” The response from legislators should be, “We can't afford NOT to strengthen our democracy.”

SB 304, the Voter-Owned Elections Act, will finally be heard in the NH Senate Election Law and Municipal Affairs Committee this Wednesday, March 6, at 9 a.m. The vote will be close, as swing votes Senators Morgan and Sherman consider their commitment to elections free of campaign finance influence. As we have discussed in past issues of the New Hampshire Democracy Report, SB 304 affects only the races for governor and Executive Council initially for 2022. Under the bill, voters are mailed four $25 Voter Dollar certificates, which voters may direct to candidates who restrict other donations to $250. Successful public financing programs are run in Maine and 11 other states around the U.S.

Time is short, so calls to the Senate Election and Municipal Affairs Committee members are needed Sunday, Monday & Tuesday, and attendance at Wednesday's hearing is urgently needed.

Senate Election Law and Municipal Affairs Committee

Chairman, Sen. Melanie Levesque (D), 603-271-4151

Vice Chairman, Sen. Tom Sherman (D) 603-271-8631

Sen. Jon Morgan (D) 603-271-8631

Sen. Regina Birdsell (R) 603-271-3092

Sen. James Gray (R) 603-271-3092

Nonpartisan Redistricting Commission Bill HB 706 Passes House in Convincing Fashion, 218-123

A strong House Elections Law committee endorsement propelled a convincing win for HB 706, though CACR 9, a NH Constitutional amendment making the commission permanent, was retained in committee for the moment. HB 706 passed the House 218-123 on a bipartisan vote on Thursday, clearing another hurdle. Opponents argued that it was the legislature's responsibility to redistrict under the state constitution, but the majority disagreed. The bill's next stop is the Finance committee, where the bill needs estimates for operational funding to do its work. While it has to pass through the House Finance committee, the cost for the commission is limited and is expected to pass though committee.

UPCOMING HEARINGS

Red = Open Democracy Action Priority Bill

TUESDAY, MARCH 5, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. Work session, followed by an executive session on HB 408-L, relative to postponement of town meetings and local elections.

SENATE ENERGY AND NATURAL RESOURCES COMMITTEE, Room 103, LOB

10:30 a.m. SB 206 would prevent public utilities from passing on to customers some of their costs for lobbying and other political activity. Supported by ODA

WEDNESDAY, MARCH 6, 2019NESDAY, MARCH 6, 2019

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

9:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION -

9:00 a.m. SB 304, the Voter-Owned Elections Act; Supported by ODA

- SB 7 , which allows citizens to register to vote when registering their car with the Town Clerk. Supported by ODA

- SB 8, the Senate's own version of the nonpartisan redistricting commission. Unlike the House version, the commission is limited to seven members, four members who are not legislators, party leaders, lobbyists or their families. These are appointed by the president of the Senate, the Speaker of the House, and the House and Senate minority leaders. Those members choose the remaining three. Supported by ODA

10:00 a.m. SB 157, making undeclared voters eligible to be inspectors.

10:30 a.m. SB 154, allowing municipalities to adopt a credit against property taxes for certain workforce housing.

11:00 a.m. SB 158, relative to town and city membership in a nonprofit, nonpartisan organization and prohibiting recipients of municipal or county funds from using such funds for lobbying.

11:30 a.m. SB 104-L, relative to the postponement of city, town, village, and school district elections.

EXECUTIVE SESSION MAY FOLLOW

THURSDAY, MARCH 7, 2019 AT 10:00 A.M.

Next sessions for the full NH Senate and full NH House, 10 AM. There are several democracy-related bills being acted on in the session.

OTP = Ought to Pass
ITL = Inexpedient to Legislate

HB 315 In a strong 20-0 statement, the House Election Law committee voted to not allow the NH Secretary of State to share New Hampshire voter data with the controversial Interstate Voter Registration Crosscheck Program. The IVRC is a multi-state initiative started in 2005 to curtail dual voting in states. The program's database has shown to provide inaccurate returns (some reports show as much as 75% to 90% of the time). Eight states have already pulled out of the program.. Supported by ODA through its allies. Recommend OTP with roll call vote.

HB531 OTP in House Election Law committee, with a 20-0 OTP vote. This bill defines who may act as a “delivery agent,” and permits unrelated caregivers to deliver absentee ballots on behalf of voters who reside in nursing homes or assisted living facilities. Supported by ODA through its allies. Recommend OTP with a voice vote.

HB 593 clarifies what steps must be taken for a NH voter who dies out-of-state to be removed from the voter rolls.

CACR 5, relating to the right to vote. Providing that 17 year olds who will be eligible to vote in the general election be permitted to vote on that election’s primary election. Almost half of the other US states, including Maine and Vermont, do allow 17-year-olds to vote in primaries if they will be 18 by the time of the general election. Passed OTP in Election Law, 16-3. Supported by ODA through its allies. Recommend OTP with a voice vote.

CACR 6, relating to elections. Elections Law voted 12-7 in support of this bill. A major change for New Hampshire voting, the constitutional amendment CACR 6 allows a voter to vote by absentee without having to provide an excuse, a practice adopted in 28 other dates. Opponents argued that since NH voters participate in higher numbers than many other states, there was no need to introduce the potential for ballot fraud. HB 611, similar to CACR 6, but not affecting the NH Constitution, was voted OTP by a similar margin, 12-8, and will also be voted on during this week's full House session .

HB 105, relative to domicile residency, voter registration, and investigation of voter verification. HB 105 is an attempt to reform last year's HB 372, which put layers of requirements for medium-term residents in order to vote, particularly for students at NH universities and locally-posted military personnel. The Elections Law committee voted 20-0 OTP with amendment. Supported by ODA through its allies. Recommend OTP with a voice vote.

HB 106, relative to the terms “resident,” “inhabitant,” “residence,”and“residency.” The definition of “residence” was narrowed in the 2018 HB1264 law. HB106 restores the original language of “for the indefinite future” referring to the principal place of residence. The vote broke along party lines, 12-8. Supported by ODA through its allies. Recommend OTP with a voice vote.

HB 202, relative to requirements for presidential primary candidates. ITL, 19-0. The Election Law committee did not agree that candidates registering for the NH Primary should disclose their tax returns. The committee felt that such a requirement was not in keeping with the spirit of a “competitive and participatory primary. A related bill, HB 440 was also voted ITL.

HB 504, Unlike the resolution HCR 5,which directs our Congressional delegation to take action on overturning Citizens United but can't be ratified by the NH Senate, HB 504 requires specific U.S. Constitutional amendment language, assembles a state committee to hear input from the public, and requires that redistricting not favor one political party over another. The bill passed out of the Legislative Administration committee OTP with a vote of 8-6. Rep. Tim Smith, for the majority, wrote, “This bill recognizes that the influence of money and gerrymandering have increasingly become highly corrupting factors in our political system – nationally, and locally – and calls on Congress to pass Constitutional amendments to help resolve these issues. The bill also calls for the General Court to hold a public hearing on the topic, so that we may directly hear from the public on this matter. The majority recognizes the extreme importance and urgency of these issues, and that holding a public hearing will help restore the public trust in our legislature.” Supported by ODA. Recommend an OTP with roll call vote.

HCR 5 Resolution to Overturn Citizens United, was recently heard in the House State-Federal Relations & Veterans Affairs committee, and has since passed OTP in an 11-7 vote. As noted above, this resolution instructs our Congressional delegation to support a Constitutional amendment overturning the Citizens United decision. Open Democracy Action's Executive Director Olivia Zink testified during the hearing: “96% of Americans believe that unlimited big money has a corrupting and undue influence over our political process. Republicans, Democrats, Independents, most people that we've talked to, do not look at this issue as being right/left or liberal vs. conservative, but rather as a move to put 'We the People' back in charge of our democracy and large, moneyed interests out.”

The majority, written by Rep. Ryan Buchanan, noted: “The majority agrees that corporations are not people, and believes that the ruling in the Citizens United case needs to be reversed to restore and protect the rights of the people of the United States of America. It is far-fetched to conflate cor- porations with the individual. To give the rights of a person to a legal entity undermines the fabric of our nation, and weakens the democracy it was built upon.” The minority's Rep. Al Baldasaro supported the U.S. Supreme Court's Citizens United decision, arguing that “paid speech must be protected.” Supported by ODA, Recommend OTP with a voice vote.
 

Results of Last Week's Full House Votes

February 27 and 28

OTP = Ought to Pass

ITL = Inexpedient to Legislate

HB 152, increasing the threshold for reporting by political committees. In a 12-7 vote, the Election Law committee recommended ITL on raising the the ceiling for reporting campaign donations from $25 to $100. Open Democracy Action, which testified against this bill in committee, argued that this change would have the effect of reducing transparency. The committee agreed, with Rep. Paul Bergeron commenting “that New Hampshire citizens “have the right to know who is funding their elections.” In a division vote of 197 to 124, the full house concurred with committee . OPPOSED by ODA.

HB 345, relative to certification of devices for the electronic counting of ballots. A strong 20-0 vote for a bill which establishes rules for Ballot Law Commission review of older ballot counting devices. The bill was supported by the NH City and Town Clerks Association and the NH Municipal Association. The bill passed the full house with a voice vote and goes to the Senate. Supported by ODA through its allies. Recommend OTP with a voice vote.

HB 535, relating to early voting for persons aged 60 or older. ITL, 20-0 The Election Law committee did not agree that special consideration be given for early voting for voters 60 and older, and cited implementation issues. The full house agreed to the ITL in a voice vote on February 27.

HB 588, relative to presidential nominations. On the recommendation of the Ballot Law Commission, the committee approved 20-0 language in existing law giving the ability of a candidate not recognized by a party to register for the primary under that party. Approved in the full House on a voice vote, and now goes to the senate.

HB 651, allowing the use of campaign funds for child care expenses. OTP WITH AMENDMENT, 20-0 in committee. Rep. William Pearson for Election Law. “This bill makes NH law congruent with the Federal Election Commission Advisory Opinions by allowing candidates for public office to use their campaign contributions for childcare expenses.” The Election Law Committee recognizes the immense burdens candidates for public office must overcome in New Hampshire and sees this bill as ameliorating some of those difficulties. The House upheld the OTPA with a voice vote on Feb. 27.

SHARE the Democracy!

Make this “I'm for Voter-Owned Elections” graphic your Facebook profile picture, and help us get out the word about the Voter-Owned Elections Act. Save this image to your hard drive and upload it to your profile, adjusting the cropping of the image. Poof! You reach your friends every time you post something! And take the extra step of SHARING the graphic on your news feed, so others can download it! Share the Democracy!

For updates and descriptions of the other important democracy legislation this session, click on the links below.

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: [email protected]; (603) 661-8621 (cell)

Rick Bourdon: [email protected]; (603) 795-2818; (603) 759-1888 (cell)

Brian Beihl: [email protected] (603) 620-8300 (cell)

HB 706 Redistricting Commission Passes Committee 20-0

Full House Vote this Wednesday – Calls Needed to All Reps

Your calls, letters, attendance and testimony to the House Elections Law committee helped move the bill to create a non-partisan redistricting commission, HB706, out of committee by an impressive 20-0 vote in last week's executive session. The bill now moves to the House floor as a “consent calendar” bill this week, Wednesday.

This extensive & complicated bill lays out a plan for a commission to convene every 10 years, comprised of selected citizens who are not highly political. It excludes political party leaders, lobbyists, big donors, but does have equal numbers of the two largest parties (1/3 + 1/3), as well as an equal share of smaller parties and independents (1/3). Similar to a jury selection process, it begins with a pool of 60 commission candidates, then is whittled down to 15, while maintaining the same 1/3 ratios. Should the redistricting plans fail to be adopted by the House & Senate, the NH Supreme Court would intervene.

Because it has a financial component, if it passes this week, its next stop is the House Finance Committee, then back to the full house for approval before heading to the NH Senate. It is important that we have a substantial winning margin on Wednesday, Feb. 27 to help pave the way, so call representatives Monday & Tuesday are essential! Feel free to use the “Action Needed” graphic for your Facebook posts.

Another redistricting bill before the house, NH Constitutional amendment CACR 9, permanently establishes a redistricting commission. This bill was retained in committee, pending the outcome of HB706.

Update on SB 304: The Voter-Owned Elections Act vote in committee is close –

Your Calls are Needed

After a well-attended hearing with a dozen supporters testifying, our top priority bill SB 304 has not yet had an executive session vote in the Senate Election Law and Municipal Affairs committee. We anticipate a committee vote Wednesday, March 6. Volunteers from the ODA Policy Committee say the vote is close, with Senator Morgan a leaning 'no' vote. Although all senators should be called, it is CRITICAL that you if you live in Chester, Brentwood, Kingson, East Kingston, Exeter, Epping, Sandown, and Danville that you take action. Let District 23's Senator Morgan know that your communities support public financing because it keeps control of our elections in the hands of the voters, not the less than 1% who currently fund our elections.

Senate Election Law and Municipal Affairs Committee :

Chairman, Sen. Melanie Levesque (D), 603-271-4151

Vice Chairman, Sen. Tom Sherman (D) 603-271-8631

Sen. Jon Morgan (D) 603-271-8631

Sen. Regina Birdsell (R) 603-271-3092

Sen. James Gray (R) 603-271-3092

UPCOMING HEARINGS AND VOTES

Red = Open Democracy Action Priority Bill

TUESDAY, FEBRUARY 26, 2019

HOUSE ELECTION LAW, Room 308, LOB

9:00 a.m. Subcommittee work session on HB 408-L, relative to postponement of town meetings and local elections.

WEDNESDAY, FEBRUARY 27, 2019

Full House Session, 10 a.m., Representatives Hall

The Democracy bills below come to the House floor during Wednesday's Session (Continued on Thursday, February 28, as necessary.)

OTP = Ought to Pass    ITL = Inexpedient to Legislate

HB706-FN-A, establishing an independent redistricting commission. OTP WITH AMENDMENT.

Writing for the Election Law committee, Rep. Wayne Moynihan: “In NH and in other states the process of redistricting has routinely becomes an often bitterly contested, expensive and litigated, partisan battle. The word frequently used to describe the result is “gerrymandering.” This bill creates a framework in statutory law which will enable NH to have the next redistricting process conducted by an independent commission. The bill is designed to have the redistricting process undertaken by 15 citizens, selected from a pool of 45 citizens who fulfill the qualifications set out in the bill, including party, non-party status, and with as little partisan impact as is reasonably possible. The commission is independent but the process continues to involve the Secretary of State, and the elected leadership of both the NH House and Senate. The process leaves the ultimate decision on the commission’s plan in the legislature as our NH Constitution requires. 21 other states have adopted an independent process for redistricting. This NH independent redistricting commission will put the interest of voters, constituents, and communities of common interest ahead of purely political considerations. Vote 20-0.”  Recommend Ought to Pass by ODA with a roll-call vote.

HB 152, increasing the threshold for reporting by political committees. In a 12-7 vote, the Election Law committee recommended ITL on raising the the ceiling for reporting campaign donations from $25 to $100. Open Democracy Action, testified against this bill, arguing that this change would reduce transparency. The committee agreed, with Rep. Paul Bergeron commenting “that New Hampshire citizens “have the right to know who is funding their elections.” OPPOSED by ODA. Vote 'no' and confirm the ITL with a roll-call vote.

HB 202, relative to requirements for presidential primary candidates. ITL, 19-0

The Election Law committee did not agree that candidates registering for the NH Primary should disclose their tax returns. The committee felt that such a requirement was not in keeping with the spirit of a “competitive and participatory primary. A related bill, HB 440 was also vote ITL.

HB 345, relative to certification of devices for the electronic counting of ballots. OTP WITH AMENDMENT.

A strong 20-0 vote for a bill which establishes rules for Ballot Law Commission review of older ballot counting devices. The bill was supported by the NH City and Town Clerks Association and the NH Municipal Association.

HB 535, relating to early voting for persons aged 60 or older. ITL, 20-0 The Election Law committee did not agree that special consideration be given for early voting for voters 60 and older, and cited implementation issues.

HB 588, relative to presidential nominations. OTP. On the recommendation of the Ballot Law Commission, the committee approved language in existing law giving the ability of a candidate not recognized by a party to register for the primary under that party. Vote 20-0.

HB 651, allowing the use of campaign funds for child care expenses. OTP WITH AMENDMENT. Rep. William Pearson for Election Law. “This bill makes NH law congruent with the Federal Election Commission Advisory Opinions by allowing candidates for public office to use their campaign contributions for childcare expenses.” The Election Law Committee recognizes the immense burdens candidates for public office must overcome in New Hampshire and sees this bill as ameliorating some of those difficulties. Vote 20-0.  

THURSDAY, FEBRUARY 28, 2019 (If Wednesday's docket is not finished)

Full House Session, 10 a.m., Representatives Hall

TUESDAY, MARCH 5, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. Executive session on HB 408-L, relative to postponement of town meetings and local elections.

SENATE ENERGY AND NATURAL RESOURCES COMMITTEE, Room 103, LOB

10:30 a.m., SB 206 would prevent public utilities from passing on to customers some of their costs for lobbying and other political activity. The Senate Energy and Natural Resources Committee hearing will be. (Sen. Feltes and Rep. Luneau are local sponsors.) Supported by ODA.

WEDNESDAY, MARCH 6, 2019NESDAY, MARCH 6, 2019

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

9:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION - 

We anticipate a committee vote on SB 304, the Voter-Owned Elections Act during this Executive Session.

10:00 a.m. SB 157, making undeclared voters eligible to be inspectors.

10:30 a.m. SB 154, allowing municipalities to adopt a credit against property taxes for certain workforce housing.

11:00 a.m. SB 158, relative to town and city membership in a nonprofit, nonpartisan organization and prohibiting recipients of municipal or county funds from using such funds for lobbying.

11:30 a.m. SB 104-L, relative to the postponement of city, town, village, and school district elections.

EXECUTIVE SESSION MAY FOLLOW

THURSDAY, MARCH 7, 2019 AT 10:00 A.M.

Next sessions for the full NH Senate and full NH House, 10 AM

Last Week's Hearings & Votes

In a victory for transparency HB 297 passed the full House and goes to the Senate. It would fix a flaw in an existing law that requires PACs and other political advocacy organizations to have their name on their signs and fliers. The bill would require the name to match that on file with the Secretary of State. Variations can create confusion, foul up online searches and thwart the goal: Letting voters know who is trying to influence them. The Senate Election Law committee hearing will be March 13, 10:30 a.m., LOB 102. (written by Joe Magruder, ODA volunteer) Supported by ODA

HB 429 Endorsing a commission to study ways of increasing civic engagement is pretty mom-and-apple-pie legislation, but important nonetheless. Open Democracy Action is pleased to see this legislation pass in the full House last week and make its way to the Senate in March. Supported by ODA

SB 8, the NH Senate's redistricting commission hearing was not well attended by supporters, unfortunately. Where the HB 706 was overwhelmingly positive, SB 8 testimony was equally split pro and con. Senators need additional contact from voters who support the bill to make sure legislators can gauge the wide support the bill has. Supported by ODA

SB 230 funds two additional attorneys and and investigator in the NH Attorney General's office to “who shall work exclusively on election law and lobbying matters,” finally adding teeth to campaign and lobbying compliance. The Senate Election Law and Municpal Affairs committee endorsed the bill as OTP on a 5-0 vote. A vote on Supported by ODA

HB 504, Unlike the resolution HCR 5,which directs our Congressional delegation to take action on overturning Citizens United but can't be ratified by the NH Senate, HB 504 requires specific U.S. Constitutional amendment language, assembles a state committee to hear input from the public, and requires that redistricting not favor one political party over another. The bill passed out of the Legislative Administration committee this past week OTP with a vote of 8-6. There is no date as of yet for the full Senate. Supported by ODA

LEGISLATION WE'RE WATCHING THIS TERM

For updates and descriptions of the other important democracy legislation this session, click on the links below.

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: [email protected]; (603) 661-8621 (cell)

Rick Bourdon: [email protected]; (603) 795-2818; (603) 759-1888 (cell)

Brian Beihl: [email protected] (603) 620-8300 (cell)

Report on SB 304 “Voter-Owned Elections Act” Hearing on Wed. Feb 13. 

Overall, the hearing went very well. There was good turnout, 13 people testified (all in favor) and written testimony was submitted, 32 people signed in favoring SB 304, 1 signed in opposed. No decisions were made. The deadline for committee reports is March 7. Please contact your Senator and ask if they support this bill, and if not, why not! Let us know what they say, email [email protected]. Read SB 304. 

Senate Election Law and Municipal Affairs Committee :

Chairman, Sen. Melanie Levesque (D), 603-271-4151

Vice Chairman, Sen. Tom Sherman (D) 603-271-8631

Sen. Jon Morgan (D) 603-271-8631

Sen. Regina Birdsell (R) 603-271-3092

Sen. James Gray (R) 603-271-3092

UPCOMING HEARINGS AND VOTES

Red = Open Democracy Action Priority Bill

TUESDAY, FEBRUARY 19, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. Subcommittee work session on HB 706-FN-A, establishing an independent redistricting commission. Supported by ODA

WEDNESDAY, FEBRUARY 20, 2019

HOUSE ELECTION LAW, Room 308, LOB

9:45 a.m. Subcommittee work session on HB 706-FN-A, establishing an independent redistricting commission.

11:00 a.m. Executive session on HB 706-FN-A, establishing an independent redistricting commission; CACR 9, relating to redistricting. Providing that an independent redistricting commission shall be established to draw boundaries for state and federal offices.

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

 9:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION
10:00 a.m. SB 7-FN-L, establishing the secure modern accurate registration act (SMART ACT). Supported by Campaign for Voting Rights
11:00 a.m. SB 8, establishing an independent redistricting commission. Supported by ODA

Last Week's Hearings

You called, you emailed, you showed up. It paid off. HB 504, a bi-partisan bill tackling money in politics and partisan gerrymandering, passed through committee and is on to a full House vote! 

Action Item: Call and email your legislator to support HB 504!

***

HB 603, relative to procedures for apportioning electoral districts was retained in committee

***

HB 728, relative to ranked-choice voting was retained in committee.
 

LEGISLATION WE'RE WATCHING THIS TERM

For updates and descriptions of the other important democracy legislation this session, click on the links below.

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: [email protected]; (603) 661-8621 (cell)

Rick Bourdon: [email protected]; (603) 795-2818; (603) 759-1888 (cell)

Brian Beihl: [email protected] (603) 620-8300 (cell)

SB 304 “Voter-Owned Elections Act” Hearing This Wednesday, 9:30

URGENT Your phone calls are needed to the members of the Senate Election Law and Municipal Affairs Committee in support of SB 304, ODA's top priority bill which is being heard in committee this Wednesday, February 13th at 9:30 AM, Legislative Office Building, Room 102. The senators need to hear from you why public financing of elections, which have been successful in Maine, Connecticut, Arizona, Washington State, Michigan and other states, would help keep election funding in the hands of the average voter, not the less than 1% of wealthy New Hampshire donors or out of state donations..

Senate Election Law and Municipal Affairs Committee :

Chairman, Sen. Melanie Levesque (D), 603-271-4151

Vice Chairman, Sen. Tom Sherman (D) 603-271-8631

Sen. Jon Morgan (D) 603-271-8631

Sen. Regina Birdsell (R) 603-271-3092

Sen. James Gray (R) 603-271-3092

READ the entire SB 304. bill here, to see how it works,

CALL the members of the committee by Tuesday, February 12 at 4 p.m.

ATTEND the hearing, this Wednesday, February 13 at 9:30 a.m. Be there early, by 9 a.m. If possible.

Following the SB 304 Voter-Owned Elections Act hearing, consider staying and showing your support for the following hearing SB 230, which directs the NH attorney general to hire staff to enforce campaign and voting rights rules.

UPCOMING HEARINGS AND VOTES

Red = Open Democracy Action Priority Bill

TUESDAY, FEBRUARY 12, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. Subcommittee work session on HB 531, relative to the delivery of absentee ballots cast by elderly or disabled citizens.

11:00 a.m. Executive session on: HB 105, relative to domicile residency, voter registration, and investigation of voter verification. HB 105 is an attempt to reform last year's HB 372, which put layers of requirements for medium-term residents in order to vote, particularly for students at NH universities and locally-posted military personnel.

• HB 106, relative to the terms “resident,” “inhabitant,” “residence,”and“residency.”;The definition of “residence” was narrowed in the 2018 HB1264 law. HB106 restores the original language of “for the indefinite future” referring to the principal place of residence.
• HB 535-FN-L, relating to early voting for persons aged 60 or older;
• HB 541, relative to allocating electoral college electors based on the national popular vote;
• HB 554, relative to the duty of the moderator to verify the device count;
• HB 556, allowing municipalities to process absentee ballots prior to election day;
• HB 651,, allowing the use of campaign funds for child care expenses;
• HB 452,, establishing a commission on the first-in-the-nation presidential primary;
• HB 345, relative to certification of devices for the electronic counting of ballots. This bill asks the Ballot Law Commission to examine voting machines upon request or a minimum of every five years to insure election integrity. Supported by ODA

WEDNESDAY, FEBRUARY 13, 2019

Open Democracy is working with other voting rights allies in support of these bills.

HOUSE ELECTION LAW, Room 308, LOB

11:00 a.m. Executive Session on

• HB 541, relative to allocating electoral college electors based on the national popular vote;
• HB 588 relative to presidential nominations;
• HB 593, relative to updating official voter checklists;
• HB 603, relative to procedures for apportioning electoral districts;
• HB 611-FN, allowing voters to vote by absentee ballot; New Hampshire currently has strict circumstances to allow voting by absentee ballot. This bill removes most of the restrictions and allows more voters to vote by absentee ballot.
• HB 643, relative to the date of the state primary election;
• HB 666, relative to recounts in elections;
• HB 718-FN-L, relative to instant voting in elections;
• HB 728-FN, relative to ranked-choice voting. This bill establishes procedures for the use of ranked-choice voting for federal and state offices, including primaries, gubernatorial race, multi-candidate state representative races and others. HB 728 includes details on how races are determined, breaking ties, and ballot counting procedures. For further information on how ranked-choice voting works, we recommend FairVote's RCV site on the subject.

HOUSE LEGISLATIVE ADMINISTRATION, Room 303, LOB

12:30 p.m. Executive Session on

• HB 456-FN, relative to persons required to register as a lobbyist; Supported by ODA
• HB 457-FN, requiring meetings and sessions of committees of the house of representatives to be
• recorded and made available on the Internet;
• HB 504, relative to election-related amendments to the United States Constitution; Supported by ODA
• HB 519, relative to selection of delegates to an Article V convention;
• HCR 1, rescinding all requests by the New Hampshire legislature for a federal constitutional convention.

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

9:00 a.m. SB 283-FN, relative to post-election audits of electronic ballot counting devices.

9:30 a.m. SB 304-FN-A, The Voter-Owned Election Act hearing. This bill needs your attendance at the hearing. Supported by ODA, recommend OTP

10:00 a.m. SB 230-FN, requiring the attorney general to hire staff to supervise election law,

campaign finance law, and lobbying matters. One of the criticisms of our current campaign and voting rights oversight is that it lacks enforcement. This bill directs the attorney general to hire the staff necessary to take action as necessary.

10:30 a.m. SB 71, relative to the election of delegates to party conventions.

EXECUTIVE SESSION MAY FOLLOW

THURSDAY, FEBRUARY 14, 2019

10:00 a.m. Session Day – The NH House and Senate will convene in Representatives' Hall to hear Governor Chris Sununu's budget address. Following the address, the NH House will meet in session and consider the following democracy bills:

HB 297, relative to political advertisements on behalf of political committees or advocacy organizations.

OUGHT TO PASS. Supported by ODA To promote transparency, please vote to support this bill.

Rep. Wayne Moynihan for Election Law:  "This bill requires that any political advertisements made on behalf

of political action committees or political advocacy organizations contain the same name and address on the

advertisements as the entity registered with the Secretary of State. The committee received clear evidence

that some advertising distributed in the state during campaigns and at other times was being designed in

a way to imply it was from a NH community or source when in fact it originated from out of state entities.

This bill takes a small step toward insuring full disclosure of those participating in NH elections." Vote in committee, 19-0.

HB 429, establishing a committee to study ways to improve civic engagement in New Hampshire. OUGHT

TO PASS. Supported by ODA Please send the message that civic engagement is critical to our state's democratic republic values.

Rep. William Pearson for Election Law. "By establishing a committee to study civic engagement in New

Hampshire, the Election Law Committee unanimously agrees that this bill promotes the state’s longstanding

democratic tradition of high voter turnout. While New Hampshire’s turnout may be envied throughout the

country, the committee recognizes that voter participation is far lower in municipal and mid-term elections.

Furthermore, the committee sees a study of these issues as providing a conduit for both new and experienced

voters to become even more aware of their crucial role in the process." Vote in committee, 19-0.

SB 153, establishing state holidays for biennial state primary elections and quadrennial presidential primary elections. Inexpedient to Legislate, Vote 4-0.

Last Week's Hearings

One of the most consequential bills of the last week was SB 155, an effort to reinstate a ban on corporate donations from a company's treasury. This ban had been in effect for decades, but a court opinion caused the legislature to lift a ban on “business entities” from making donations, while leaving in effect a ban on other organizations such as trade unions. Open Democracy Action Policy Co-Chair Rick Bourdon testified in support of this reinstatement:

“The intent of SB 155 is to provide the fix called for by the Court that many years ago, barring once again direct contributions from businesses to political campaigns. Will this change run into the same legal problems that arose in 1999? Short answer: No. The new language refers to "business organizations," which are defined in RSA 664:2 as:

RSA 664:2, XVI. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust or other form of organization, organized for gain or profit, and includes any enterprise which is expressly made exempt from income taxation under the United States Internal Revenue Code of 1986. It does not include a political committee as defined in RSA 664:2, III, or the political committee of a political party, as defined in RSA 664:2, V. 

Because political committees are excluded from the business organization definition, the new wording satisfies the court's objection in 1999 that "segregated funds" had been unconstitutionally banned.”

I strongly encourage the Committee to vote Ought to Pass on SB 155.

Editor's note: Rick's testimony points out an error we made last week regarding a corporation's ability to still use restricted funds to support campaign activities. Sorry for the error.

SB 156 , the subject of last week's NHDR lead article, closes a loophole allowing the use of limited liability corporations to launder campaign donations from the same individual or company. ODA Executive Director Olivia Zink testified that it was about time the legislature got engaged in this exploitation.

“We need to reduce the influence of big money in politics, and increase the voices of average citizens. This bill provides transparency and accountability. The time is now to fix the LLC Loophole. The Legislature has an opportunity this year to start reviewing and repairing New Hampshire’s campaign finance laws. In 2010, gubernatorial candidate John Stephen caused a stir when he raised over $100,000 from 30 limited liability corporations at two addresses in Massachusetts and Connecticut that were traced to Dunkin’ Donuts franchises . . . Everyone needs to plays by fair common sense rules and be held accountable,” said Zink.

LEGISLATION WE'RE WATCHING THIS TERM

For updates and descriptions of the other important democracy legislation this session, click on the links below.

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: [email protected]; (603) 661-8621 (cell)

Rick Bourdon: [email protected]; (603) 795-2818; (603) 759-1888 (cell)

Brian Beihl: [email protected] (603) 620-8300 (cell)

Dark Money LLCs, Corporate Donations and Bills to Stop Them

When wealthy donors max out their individual donations to a candidate's campaign, they look other instruments to influence the election. Enter the lowly Limited Liability Corporation, or LLC. Due to a federal loophole, not only can an LLC make donations to a political committee or political party, those donations are totally anonymous.

To combat this infiltration of money into campaigns, there are two bills are before the Senate Election Law and Municipal Affairs Committee, SB 155 and SB 156. SB156 would require individuals making political contributions via an LLC to reveal their name, and their share of the LLC's donation amount.

Here's another factoid: Since 2000 it has been legal for a business in NH to make a campaign donation directly to a candidate's campaign. (No influence there, eh?) See a further history later in this newsletter, but SB 155 modifies RSA 664 and prohibits that practice in New Hampshire. Businesses could continue to make contributions to political action committees, but not directly to the candidate.

We urge you to call or email the members of the Senate Election Law & Municipal Affairs Committee to let them know how important it is that we close those loopholes to keep our democracy from being infiltrated by the influence of dark money.

Voter-Owned Elections Act Finally Has a Number: SB 304

Delays in State House legislative services have now cleared, and the Voter-Owned Elections Act finally has a bill number: SB 304. Open Democracy Action has been visiting senators, answering questions about the bill and how Voter Dollars work. We anticipate a committee hearing in the week of Feb. 10, but it has not yet been posted. Now is a good time to write letters to the editor to help educate voters on how this bill benefits everyday voters, not big donors.

UPCOMING HEARINGS AND VOTES

Red = ODA Priority Bill

TUESDAY, FEBRUARY 5, 2019

HOUSE ELECTION LAW, Room 308, LOB – Executive Session

10:00 a.m. Executive session on

HB 429, establishing a committee to study ways to improve civic engagement in New Hampshire Supported by ODA, recommend OTP ;

HB 505, allowing voters to vote for multiple candidates for an office;

HB 374, prohibiting certain state officers from forming political action committees;

HB 147, relative to appeals from recounts;

HB 297, relative to political advertisements on behalf of political committees or advocacy organizations. Supported by ODA, recommend OTP 

WEDNESDAY, FEBRUARY 6, 2019

* Supported with our Voting Rights allies – Recommend OT

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. Executive session on the following bills:

• *CACR 5, relating to the right to vote. Providing that 17 year olds who will be eligible to vote the general election be permitted to vote on that election’s primary election;

• HB 152, increasing the threshold for reporting by political committees. This bill removes the exception from required lobbyist registration for certain communications by an employee on behalf of his or her employer. Sponsored by Marjorie Smith , Martha Fuller Clark, Daniel Eaton, and Mary Heath. Opposed by ODA!

• HB 202, relative to requirements for presidential primary candidates;

• CACR 6*,, relating to elections. Providing that any inhabitant who so desires may vote by absentee ballot in primary and general elections;

• HB 431, relative to election officers at additional polling places;

• HB 345*, relative to certification of devices for the electronic counting of ballots. This bill asks the Ballot Law Commission to examine voting machines upon request or a minimum of every five years to insure election integrity. Sponsors: Patrick Long, Paul Bergeron

• HB 440, relative to disclosure of federal tax information as a condition of eligibility for federal office.

HOUSE LEGISLATIVE ADMINISTRATION, Room 303, LOB

10:00 a.m. HB456, relative to persons required to register as a lobbyist. This bill removes the exception from required lobbyist registration for certain communications by an employee on behalf of his or her employer. Sponsored by Marjorie Smith , Martha Fuller Clark, Daniel Eaton, and Mary Heath.

11:15 a.m. HB519, relative to selection of delegates to an Article V convention. Prior to a U.S. Constitutional Convention being convened, this bill establishes guidelines for who shall represent New Hampshire at that convention. Delegates carry out both a state and federal government role, and have substantive power. As a result, democracy advocates have been wary about unintended consequences of a Constitutional Convention if delegates are not impartial, or who don't carry out the instructions of the legislature.

1:30 p.m. Executive session on several pending bills, including:

HB 441, relative to disclosure of the source of legislative bill proposals and the disclosure of certain information by lobbyists. The American Legislative Exchange Council, or ALEC, is famous for disseminating its boilerplate bills through local state legislators. When such legislation is proposed in the NH legislature, this bill would require disclosure of the source of that bill. Open Democracy Action also uses such model legislation, but fully supports disclosure to increase transparency. Supported by ODA, recommend OTP

    Need to call legislators on a committee?   Go here for phone numbers and links!

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

9:00 a.m.

9:15 a.m. SB 156, relative to political contributions made by limited liability companies: This bill will fix a loophole in current federal legislation to get around campaign contribution limits by anonymously donating to an LLC corporation. The bill apportions the donation amounts by that person's share in the LLC, and requires that names and addresses be disclosed when reporting to the NH Secretary of State. Sponsors Senators Dan Feltes, Martha Hennessey, & Melanie Levesque, and Represenative Sandra Keans. Supported by ODA, recommend OTP -  Attend the hearing!

9:30 a.m. SB 155, relative to permissible campaign contributions by business organizations. Prior to the year 2000, RSA 664 barred “business entities” from making political contributions directly to a candidate. A court case deemed the language in RSA 664 too broad, and the legislature struck the “business entity” language from the law. As a result, for the last 18 years, business donations to candidates have not been prohibited. SB 155 restores the “business entity” language, and because language of allowing donations to “Segregated Funds” not controlled by the candidates – political action committees – had already been added, the bill is now acceptable to the courts. Important note: If this bill passes, SB 156 becomes moot, as an LLC is a business entity. Supported by ODA, recommend OTP  -  Attend the hearing!

10:00 a.m. SB 305, relative to voter registrations accepted by other state agencies. A so-called “Motor-Voter” bill, which allows a domiciled resident to register to vote when obtaining a NH State driver's license or identification. Supported by ODA with its voting rights partners.

10:45 a.m. SB 231, promoting truth in political advertising. Responding to political advertising in past years designed to deceive, SB 231 creates a mechanism in RSA 664 to respond to claims of false political advertising and take actions with those who disseminate it, with fines of $2,500 per offense. Supported by ODA

THURSDAY, FEBRUARY 7, 2019

HOUSE CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 204, LOB

10:00 a.m. Executive session on HB 486, relative to department of corrections procedures concerning the requirement for restoration of the voting rights of felons.

HOUSE STATE-FEDERAL RELATIONS AND VETERANS AFFAIRS, Room 206, LOB

10:00 a.m. Executive session on:

HCR 5 A resolution requesting the United States Congress to propose a constitutional amendment to reverse the ruling of the United States Supreme Court in Citizens United v. Federal Election Commission. Testimony was overwhelmingly in favor of this bill, including from ODA, with a huge turnout during the hearing. This bill is sponsored by Representatives Kat McGhee and Peter Petrigno from Hillsborough County. Supported by ODA, recommend OTP

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

Sen. Levesque (C), Sen. Sherman (VC), Sen. Morgan, Sen. Birdsell, Sen. Gray

1:00 p.m. EXECUTIVE SESSION ON PENDING LEGISLATION

Although the Election Law & Municipal Affairs calendar is not specific, Executive Session bills

MAY include:

SB 44, relative to election procedures, delivery of ballots, and assents to candidacy.

SB 68, relative to the centralized voter registration database.

SB 105-FN, relative to contributions to inaugural committees.

SB 45, relative to electioneering at polling places.

SB 66, relative to political contributions by candidates for certain offices.

SB 10210:30 a.m. , requiring disclosure of federal income tax returns by presidential and

vice-presidential candidates.

SB 153, establishing state holidays for biennial state primary elections and

quadrennial presidential primary elections.

Last Week's Hearings

Last week's ODA focus was on redistricting. The hearing for HB 706's extensive bill lays out a plan for a commission to convene every 10 years, comprised of selected citizens who are not highly political. It excludes political party leaders, lobbyists, big donors, but does have equal numbers of the two largest parties (1/3 + 1/3), as well as an equal share of smaller parties and independents (1/3). The hearing was well-attended and had only two speakers against the bill, one of whom was out of state.

ODA Policy Committee Co-Chair Rick Bourdon testified in favor of the bill, citing the “efficiency gap,” an analysis tool for identifying the impact of a gerrymandered voting district. Bourdon said,

“The 2016 data points the finger at Republicans, but it matters not to me which party did what when. Clear evidence from other states shows that the Democratic party is guilty of gerrymandering as well. It's time for an end to the practice. Redistricting for partisan advantage is undemocratic (small d) and flies in the face of the principle of one person one vote. A nonpartisan redistricting commission is the logical solution, a solution being chosen by more and more states across the country.”

Questions from legislators centered about reconciling this bill, calling for the commission, with CACR 9 , a NH constitutional amendment which takes some of the same steps, but by a different method. Open Democracy asks that both bills move forward, and that amendments can be put in place to make the bills complementary. Supported by ODA - This is a mission-critical bill, so please call your legislators.

LEGISLATION WE'RE WATCHING THIS TERM

For updates and descriptions of the other important democracy legislation this session, click on the links below.

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: [email protected]; (603) 661-8621 (cell)

Rick Bourdon: [email protected]; (603) 795-2818; (603) 759-1888 (cell)

Brian Beihl: [email protected] (603) 620-8300 (cell)