"All around the country, the public is becoming increasingly disenchanted with special interests dominating our democracy. Reform is brewing in New Hampshire, where, in 2019, legislators will introduce a 'Voter Dollars' bill to create a voluntary public funding system for state elections.

"The bill, drafted with bipartisan support, would give each registered voter four $25 certificates that they can contribute to participating candidates of their choice—similar to a program implemented in Seattle in 2017 and others being considered around the country, including in Albuquerque. Participating candidates would agree to only accept small donations and refuse money from lobbyists, businesses, and labor unions. This would give voters greater voice in government and provide candidates with an alternate path to power, allowing them to succeed without relying on wealthy private networks, corporate support, or out-of-state influence.

"Why is a system like this needed in New Hampshire? MapLight dove into the state’s campaign finance landscape to answer this question."

Read the full article.

“A hundred dollars doesn't influence anyone.”  

That testimony was given this week in the NH House Election Law committee by a NH state representative in favor of HB 152, which is attempting to raise the threshold from $25.00 to $100 at which a donation must be disclosed by a political committee to the NH Secretary of State's office. But consider this: What if  . . . a business or special interest pressures employees to make individual undisclosed $99.00 donations? Those small donations could add up to big influence. Open Democracy Action testified against this bill, citing the lack of transparency. We'll report on the committee's vote in the weeks to come.

Another bill we were active in this week was HB 297, which patches an existing RSA by requiring the advertiser's name on the sign or flyer to match the one on file with the SOS's office. Thanks to new NH State Representative Brodie Deshaies (R) from Wolfboro, who testified about the dangers of Dark Money hiding behind shell organizations. ODA's Olivia Zink testified in favor of the bill and brought in examples of political mailers for the committee to review. Zink told legislators that a similar significant issue – though not addressed in this bill -- are the groups which do not register with the Secretary of State at all, groups which face few state or federal consequences when violating the law.

There are no relevant NH Senate bills this coming week, and we still await this session's Senate bills to be posted. 

UPCOMING HEARINGS AND VOTES

TUESDAY, JANUARY 15

HOUSE ELECTION LAW, Room 308, LOB 

10:00 a.m. 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.
10:30 a.m. HB 242, relative to special elections.
11:00 a.m. HB 315, repealing the authority to share voter information or data with other sites. 
1:00 p.m. HB 202, relative to requirements for presidential primary candidates.    HB 202 would require all U.S. Presidential candidates competing in the NH Primary to disclose 5 years of Federal Tax Returns to be on the ballot.   
1:30 p.m. HB 147, relative to appeals from recounts.
2:00 p.m. CACR 6, relating to elections. Providing that any inhabitant who so desires may vote by absentee ballot in primary and general elections.   NH currently has strict rules as to who may, and may not, vote via absentee ballot.   This bill relaxes those rules.  

WEDNESDAY,  JANUARY 16

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

2:00 p.m. 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.  ODA has been advised that there are three such bills, one bill in the House, one bill coming from the Senate, and this resolution.   You may recall that Open Democracy's New Hampshire Rebellion activists successfully passed a resolution three years ago in 85 towns and the city of Keene calling for this action.  Your voice is being heard! 

THURSDAY, JANUARY 17

ELECTION LAW, Room 308, LOB

10:00 a.m. HB 429, establishing a committee to study ways to improve civic engagement in New Hampshire.     As you may remember, Open Democracy published the Open Democracy Index in 2016 which measured civic engagement in NH to a mixed result.  We support the creation of this committee.   Supported by ODA
10:30 a.m. HB 431, relative to election officers at additional polling places.
11:00 a.m. HB 452, establishing a commission on the first-in-the-nation presidential primary 
1:00 p.m. HB 374, prohibiting certain state officers from forming political action committee 
1:30 p.m. HB 408-L, relative to postponement of town meetings and local elections.

TUESDAY, JANUARY 22

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. HB 202, relative to requirements for presidential primary candidates.  HB 202 would require all U.S. Presidential candidates competing in the NH Primary to disclose 5 years of Federal Tax Returns to be on the ballot.    

11:00 a.m. HB 440, relative to disclosure of federal tax information as a condition of eligibility for federal office.  Similar to HB 202, HB 440 requires three recent years of returns and a consent to make the information public with the exception of key personal information.   This information would need to be available 50 days prior to the election.

LEGISLATION WE'RE WATCHING THIS TERM

Public Funding

The “Voter-Owned Elections Act” has been making the rounds with senators prior to being posted as a bill, and members of our ODA policy committee are visiting with each senator.   Early indications are favorable, but the language is still being tweaked.  

As mentioned last week, this bill uses public “Voter Dollars” to fund qualified candidates who agree to a cap of $250 donations from private donors.   Voters will be able to direct their four $25 Voter Dollars certificates to the qualified state candidates of their choice.  The first step proposes using Voter Dollars for the governor and executive council races. Such a system reduces the influence of affluent donors who may or may not represent special interests. 

Campaign Reform

LSR 2019-0988   relative to political contributions made by limited liability companies.  This bill will fix a loophole in current legislation to get around campaign contribution limits. A similar bill was defeated in 2018, but faces a more receptive legislature in 2019. Sponsors: Senators Dan Feltes,  Martha Hennessey, & Melanie Levesque, and Representative Sandra Keans.

LSR 2019-0982  relative to the definition of political advocacy organization and expenditure. No text yet on this bill. Sponsored by Senator Dan Feltes 

HB 297, relative to political advertisements on behalf of political committees or advocacy organizations. This bill patches an existing RSA by requiring the advertiser's name on the sign or flyer to the same one on file with the SOS's office. Sponsored by Steven Smith and William Marsh. Supported by ODA

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. ODA has been advised that there are three such bills, one bill in the House, one bill coming from the Senate, and this resolution. You may recall that Open Democracy's New Hampshire Rebellion activists successfully passed a resolution three years ago in 85 towns plus the city of Keene calling for this action. There are two other proposed bills, not resolutions, working through the legislature as well. This bill is sponsored by Representatives Kat McGhee and Peter Petrigno from Hillsborough County. Open Democracy is waiting to see the language of another LSR calling for the overturning of Citizens United from Reps. Ellen Read , Edward Butler, Timothy Smith, William Pearson, Ivy Vann and Joseph Guthrie.

Money in Politics

LSR 2019-0984 (No Bill #) 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. This bill proposes that those costs are not passed on the consumer. Sponsored by Senators Dan Feltes and Martha Fuller Clark, and Reps. Erin Hennessey and David Luneau.

HB 152, increasing the threshold for reporting by political committees. HB 152 is attempting to raise the limit at which a donation must be disclosed by a political committee to the NH Secretary of State's office from $25.00 to $100. In our opinion, this makes campaign funding less transparent. Sponsored Reps. Jess Edwards , Max Abramson, Timothy Lang, Dave Testerman, Sean Morrison, Peter Torosian. Opposed by ODA

HB456 -FN 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. 

Redistricting and Ending Gerrymandering

We have two redistricting bills this term, one which addresses the creation of a nonpartisan redistricting commission. One bill establishes a commission in the near term. The other, a proposed NH Constitutional Amendment, aims to enshrine that commission as a permanent body for the state.  

LSR 2019-0192  (No Bill #) establishing an independent redistricting commission.  Details expected shortly.   Bill sponsors include Rep. Marjorie Smith, Sen. Martha Fuller Clark, Rep. Marjorie Porter, Rep. Paul Berch, Rep. David Danielson, Rep. Karen Ebel, Rep. Edward Gordon, Rep. Jerry Knirk, and Sen. Shannon Chandley.

CACR  9 Establishes a redistricting commission comprised of seven members of the public, one each by appointed by the president of the NH Senate, speaker of the NH House, House minority leader, and Senate minority leader. The remaining three would come from an application process and would be elected by the other four. Sponsors include Reps. David Doherty , Marjorie Smith, James Belanger, Marjorie Porter and David Huot, and Senator Jeanne Dietsch. 

“Granny D” Haddock's Birthday Luncheon for Legislators, Jan 24

Legislators, have lunch with us and learn about publicly-funded elections! ODA supporters, invite your legislators to attend with you! We'll be honoring Open Democracy founder, Doris “Granny D” Haddock's legacy by bringing legislators up to date on proposed democracy legislation this term, and introducing the Voter Dollars bill, which helps keeps power in the hands of the voters. The event will be held on Thursday, January 24 at St. Paul's Church. The lunch is free and will start immediately following the lunch recess.

Questions?  Want to Help? 

Olivia Zink: olivia@opendemocracy.me; (603) 661-8621 (cell)
Rick Bourdon: rick.bourdon@gmail.com; (603) 795-2818; (603) 759-1888 (cell)
Brian Beihl:  Brian@Beihl.org (603) 620-8300 (cell)

January 4, 2019

The NH House and Senate may be more favorable in the 2019 session to restoring voting rights, fair redistricting and getting money's influence out of politics. But there will likely be resistance at the executive branch to bills which empower the voters and challenge special interests. The New Hampshire Democracy Report will be following democracy bills in the NH House and Senate, as well as proposed changes to the NH Constitution regarding Citizens United and a nonpartisan redistricting commission. 

Not all bills have been assigned numbers yet, particularly Senate bills, but we anticipate having a more complete listing of bills in the coming week. In the meantime, here are some of this week's hearings in Concord.

UPCOMING HEARINGS AND VOTES

WEDNESDAY, JANUARY 9
SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB
PRESENTATIONS
10:00 a.m. Secretary of State’s Office
10:15 a.m. The Association of Counties
10:30 a.m. NH Municipal Association

THURSDAY, JANUARY 10
HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. 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 Open Democracy Action

10:30 a.m. HB 152, increasing the threshold for reporting by political committees.   HB 152 is attempting to raise the limit at which a donation must be disclosed by a political committee to the NH Secretary of State's office from $25.00 to $100.  In our opinion, this makes campaign funding less transparent.  Opposed by ODA

10:45 a.m. HB 297, relative to political advertisements on behalf of political committees or advocacy organizations.   This bill patches an existing RSA by requiring the advertiser's name on the sign or flyer to the same one on file with the SOS's office.    Supported by ODA

1:00 p.m. HB 106, relative to the terms “resident,” “inhabitant,” “residence,” and “residency.”

1:30 p.m. HB 105-FN, relative to domicile residency, voter registration, and investigation of voter verification letters.   HB 105 is an attempt to reform last year's vote-stifling HB 372, which put layers of requirements for medium-term residents in order to vote, particularly for students and military personnel.    Supported by ODA and NH Campaign for Voting Rights (NHCVR)

TUESDAY, JANUARY 15

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. 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.
10:30 a.m. HB 242, relative to special elections.
11:00 a.m. HB 315, repealing the authority to share voter information or data with other sites.
1:00 p.m. HB 202, relative to requirements for presidential primary candidates.    HB 202 would require all U.S. Presidential candidates competing in the NH Primary to disclose 5 years of Federal Tax Returns to be on the ballot.   
1:30 p.m. HB 147, relative to appeals from recounts.
2:00 p.m. CACR 6, relating to elections. Providing that any inhabitant who so desires may vote by absentee ballot in primary and general elections.   NH currently has strict rules as to who may, and may not, vote via absentee ballot.   This bill relaxes those rules. 

LEGISLATION WE'RE WATCHING THIS TERM

Public Funding

Did you know that only a tiny percentage - 06% - of New Hampshire residents fund the overwhelming majority of campaign funding? That money buys influence for a small number of people, and the special interests behind them.

But take heart!   ODA anticipates a bill this session from the Senate called the “Voter-Owned Elections Act.” This public funding system uses public “Voter Dollars” to fund qualified candidates who agree to a cap of $250 donations from private donors. A revised version of last year's HB 1773, voters will be able to direct their four $25 Voter Dollars certificates to the qualified state candidates of their choice. Such a system reduces the influence of affluent donors who may or may not represent special interests.  We do not have a new bill number yet, but will alert you in the coming weeks. This is ODA's top priority, and we will be asking the help of democracy supporters to help educate voters and legislators.   

Campaign Reform

We have learned that there are two bills headed to the NH Senate, neither of which have bill numbers  yet, which address campaign reform issues. One bill attempts to close the loophole allowing a donor to create multiple Limited Liability Corporations (LLCs) to get around campaign contribution limits. A second bill defines political advocacy organizations, and what spending limits they may have in state elections.

Redistricting & Ending Gerrymandering

Most activists following campaign reform issues agree:  The problem of gerrymandering has the highest visibility due to cases files in Wisconsin, Pennsylvania and North Carolina. As of last week, there is news that two of those cases will be heard by the U.S. Supreme Court in the coming term. As you know, New Hampshire has numerous gerrymandered districts dating from the last redistricting in 2010.    

There is one bill from the NH House which aims to create an independent redistricting commission to study and fairly draw boundaries for voting districts for state and federal elected positions. Taking that bill one step further, a constitutional amendment bill (CACR) will be also be proposed to enshrine this independent commission in the NH Constitution.

“Granny D” Haddock's Birthday Luncheon for Legislators, Jan 24

Legislators, have lunch with us and learn about publicly-funded elections!  ODA supporters, invite your legislators to attend with you! We'll be honoring Open Democracy founder, Doris “Granny D” Haddock's legacy by bringing legislators up to date on proposed democracy legislation this term, and introducing the Voter Dollars bill, which helps keeps power in the hands of the voters. The event will be held on Thursday, January 24 at St. Paul's Church. The lunch is free and will start immediately following the lunch recess.   

Questions?  Want to Help? 

Olivia Zink: olivia@opendemocracy.me; (603) 661-8621 (cell)
Rick Bourdon: rick.bourdon@gmail.com; (603) 795-2818; (603) 759-1888 (cell)
Brian Beihl:  Brian@Beihl.org (603) 620-8300 (cell)

Click on image to view story

According to a December 2017 poll of Granite State voters:
https://bit.ly/2xj8FFm

• 80% believe ‘Big Money’ is a problem in New Hampshire elections, including
  • 85% of independent voters
  • 74% of Republicans
  • 79% of Democrats
• 80% believe special interests have more influence than voters, including
  • 76% of independent voters
  • 86% of Republicans
  • 83% of Democrats
• 63% support a system of public funding for campaigns like the “Voter Dollars” bill, including
  • 68% of independent voters
  • 50% of Republicans
  • 60% of Democrats
• 64% would be more likely to vote for a candidate who participates in the public funding program, including
  • 66% of independent voters
  • 59% of Republicans
  • 71% of Democrats

In the exit poll of voters in New Hampshire’s 2016 Presidential primary:
https://cbsn.ws/2D8QZlb
https://cbsn.ws/2NjrxOl

• 88% of voters in the Republican primary described themselves as either “dissatisfied” or “angry” about the way our federal government is working – half were looking for a candidate “from outside the political establishment.”
• 61% of voters in the Democratic primary described themselves as either “dissatisfied” or “angry” about the way our federal government is working – 26% were looking for a candidate “from outside the political establishment.”

In a March 2018 nationwide survey by Harvard’s Institute of Politics:              
https://bit.ly/2peCSAV

• 77% of millennials who are likely voters cite “money in politics” as a top factor responsible for problems in America today.

In a March 2018 nationwide poll for Axios:
https://tinyurl.com/ybncwx4p

• 55% of respondents say the influence of campaign contributions “challenges their faith” in our country’s form of government, including
  • 53% of independents
  • 48% of Republicans/lean Republican
  • 65% of Democrats/lean Democratic
• 37% of respondents say they have already “lost faith” in democracy – and another 8% say they “never had any faith” in democracy, including
  • 44% of independents have “lost faith” and 13% “never had any”
  • 30% of Republicans/lean Republican have “lost faith” and 6% “never had any”
  • 43% of Democrats/lean Democratic have “lost faith” and 7% “never had any”

In polling by Ipsos before the 2016 general elections:
https://bit.ly/2PLPfzB

• 92% of respondents believed elected officials pay more attention to donors than voters
• 79% believed we need major changes (“sweeping laws”) to reduce the influence of money in politics
• 70% said American democracy is likely “at risk” if nothing is done to reform the influence of money in politics, including
  • 75% of independents
  • 66% of Republicans
  • 77% of Democrats

According to The Committee for Economic Development of the Conference Board, a business-led policy organization:

“If the country’s democracy cannot make itself sustainable, then the country’s capitalist system cannot be sustainable. Similarly, the American ideal and American prosperity both will die. We hold our future in our own hands.” (from their recent book, Sustaining Capitalism)

CED calls for public funding of federal elections to “make it possible for our elected policymakers to run without reliance on big-dollar donors.” https://www.ced.org/policyissues/money-in-politics

Findings. Americans have grown cynical. Faith in government and the democratic system is at a low ebb. When citizens look at the huge amounts of money spent on political campaigns, so much of it coming from special interests—PACs, dark-money groups, and the very wealthy—they perceive corruption and conclude, not incorrectly, that the political playing field is heavily tilted against them. They feel powerless, they disengage, and democracy loses its driving force. The problem is especially acute at the federal level, but the cancer is rapidly metastasizing, spreading to the states. New Hampshire is not immune.

Purpose. The purpose of this act is to increase citizen engagement and reduce corruption and the appearance of corruption in government through a voluntary system that, in exchange for limited public financing, requires participating candidates to accept only small private campaign contributions.

Summary of the Legislation

** as currently written

1. Creates a new chapter of state law to implement the system
2. Participation in the system would be voluntary
3. Candidates who wish to participate must qualify
   1. Candidates for Governor: raise 2,500 “qualifying contributions” (between $5 and $500)
   2. Candidates for Executive Council: raise 500 “qualifying contributions” (between $5 and $250)
4. Candidates who wish to participate must agree to limits on campaign contributions
   1. Candidates for Governor: $500 per donor limit on contributions during the primary campaign
   2. Candidates for Executive Council: $250 per donor limit on contributions during the primary campaign
   3. Same limits apply during the general election
   4. Minimum percentage of contributions must come from persons eligible to vote in the election **Working Group still to decide percentage
   5. Contributions from lobbyists, businesses and Labor Unions not allowed
   6. Personal spending by candidate is limited
5. Participating candidates must discourage and disavow any outside spending/independent expenditures made on their behalf
6. Participating candidates must file campaign reports electronically
7. Establishes a Fund for the system, to receive
   1. Voluntary contributions made to the fund through “check-off boxes” on registration, license, fee, tax and other forms
   2. Voluntary contributions made directly to the Fund through an online donation system
   3. Fines levied for violations of election laws
   4. Interest generated by the Fund
   5. After a campaign is over, any unspent public contributions would revert to the Fund
   6. **List of other funding sources still being developed by the Working Group
8. Provides minimum Fund balance thresholds that must be reached before campaign funding begins
9. Voter Dollars:
   1. Secretary of State to mail each voter four $25 certificates deemed “Voter Dollars”
   2. The total amount of “Voter Dollars” that may be accepted by a participating candidate will be capped
   3. All “Voter Dollars” not credited to a candidate in the primary campaign shall expire
10. Grant System:
    1. Candidates in the general election will be credited a flat “grant” amount to supplement “Voter Dollars” and small private contributions
    2. Amount will vary depending on office sought and whether general election is contested or uncontested
    3. **Amount of grants still being decided by Working Group
11. Establishes a legislatively-appointed Commission to decide any remaining details of implementation, review effectiveness of system and report back to the Legislature, and recommend timeline for expansion
12. Provides penalties for violations of the new RSA chapter

Open Democracy Action and its bipartisan Legislators’ Working Group today unveiled their proposal to create a voluntary alternative to the current system of privately-financed political campaigns.

“Voters across the political spectrum overwhelmingly agree that ‘the system is broken’ – and needs to be fixed, so that citizens’ voices can be heard,” said Open Democracy Action Executive Director Olivia Zink. “One of the fundamental principles of our government is that elected officials are supposed to represent the people, not campaign donors. But that has gotten lost in the flood of private money funding political campaigns in recent years.”

2019 Priority Reform Bills

*** Coming soon ***

2019 Legislative Updates

January 4
January 13