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: 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)

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: 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)

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: 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)

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 nhopendemocracyaction@gmail.com. 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: 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)

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: 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)

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: 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)

Fight gerrymandering this week in Concord

Why is fair redistricting important? In the past, both major parties have tried manufacture district that benefit their majority. Such manipulation benefits incumbents, even if the demographics change in an area. A balanced, nonpartisan redistricting would redraw lines which reflect the wishes voters in that area, not the wishes of who is in charge at the moment.

While the last redistricting in 2010 was challenged with numerous lawsuits, and was created by a partisan group formed by the then speaker, this proposed legislation creates a framework for a truly nonpartisan commission, with the constitutional amendment CACR 9 enshrining the commission permanently.

Please attend the hearing on HB706 Tuesday afternoon, Jan. 29, 2 p.m. room 308, LOB and show legislators that New Hampshire cares about fairness and representation that reflects the geographic area. Check out this great video from our allies at Represent.US on gerrymandering.

Granny D lunch and Voter-Owned Elections Act kickoff

Wow! Almost 60 legislators and supporters attended last Thursday's luncheon at St. Paul's. If you missed it, see Granny D's message to legislators about public financing in this video. Thanks to Senator Martha Hennessey who introduced the Voter-Owned Elections Act bill via video, and to Rep. Marjorie Porter, who read Governor Chris Sununu's proclamation of “Doris 'Granny D' Haddock day on Jan. 24. We have important information about Voter-Owned Elections Act here, where you'll see download links at the bottom of the page.

UPCOMING HEARINGS AND VOTES

Red = ODA Priority Bill

TUESDAY, JANUARY 29, 2019 WEDNESDAY, JANUARY 30, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. HB 505, allowing voters to vote for multiple candidates for an office.

10:30 a.m. HB 531, relative to the delivery of absentee ballots cast by elderly or disabled citizens.

11:00 a.m. HB 556, allowing municipalities to process absentee ballots prior to election day.

11:30 a.m. HB 554, relative to the duty of the moderator to verify the device count.

1:00 p.m. HB 535, relating to early voting for persons aged 60 or older.

1:30 p.m. HB 541, relative to allocating electoral college electors based on the national popular vote.

2:00 p.m. HB 706, establishing an independent redistricting commission. 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. 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. Supported by ODA - Attend the hearing or call your legislators.

HOUSE CRIMINAL JUSTICE AND PUBLIC SAFETY, ROOM 204, LOB

10:30 a.m. Subcommittee work session on HB 486 , relative to department of corrections procedures concerning the requirement for restoration of the voting rights of felons.

WEDNESDAY, JANUARY 30, 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. SB 44, relative to election procedures, delivery of ballots, and assents to candidacy.

9:15 a.m. SB 68, relative to the centralized voter registration database.

9:30 a.m. SB 105, relative to contributions to inaugural committees.

9:45 a.m. SB 45, relative to electioneering at polling places.

10:00 a.m. SB 66, relative to political contributions by candidates for certain offices.

10:30 a.m. SB 102, requiring disclosure of federal income tax returns by presidential and

vice-presidential candidates.

10:45 a.m. SB 153, establishing state holidays for biennial state primary elections and

quadrennial presidential primary elections.

EXECUTIVE SESSION MAY FOLLOW

HOUSE ELECTION LAW, Room 308, LOB

ODA works with other NH democracy groups to support voting rights legislation.

10:00 a.m. HB 728-FN, relative to ranked-choice voting. Great resources here.

10:30 a.m. HB 588, relative to presidential nominations.

11:00 a.m. HB 593, relative to updating official voter checklists.

11:30 a.m. HB 603, relative to procedures for apportioning electoral districts.

1:00 p.m. HB 611, allowing voters to vote by absentee ballot.

1:30 p.m. HB 643, relative to the date of the state primary election.

2:00 p.m. HB 651, allowing the use of campaign funds for child care expenses.

2:30 p.m. HB 666, relative to recounts in elections.

3:00 p.m. HB 718, relative to instant voting in elections.

TUESDAY, FEBRUARY 5, 2019

HOUSE ELECTION LAW, Room 308, LOB – Executive Session

10:00 a.m. Executive session on HB 187, relative to state representative districts for Hudson and Pelham;

HB 452, establishing a commission on the first-in-the-nation presidential primary; 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 with a roll call vote.

Last week's hearings

In addition to the CACR 9, the two most important bills heard last week were regarding the Overturning of Citizens United, HB 504 and HCR 5. Turnout to support these bills was excellent – THANK YOU! For HB 504, Open Democracy's co-chair, Rick Bourdon, testified about his message to the Lyme town meeting: "The voice vote that followed was overwhelmingly in favor of the warrant article. I counted maybe two, no more that three dissenters among the 160 or so people in the room. There was no doubt then, and certainly not today, that the people in my town despise Citizens United. It's time for the New Hampshire Legislature to be on record in support of that sentiment. I urge the Committee to pass HB 504, a bill that would do just that.”

For HCR 5, Open Democracy's executive director Olivia Zink channeled former U.S. Senator Warren Rudman: "Supreme Court opinion notwithstanding, corporations are not defined as people under the Constitution; and free speech can hardly be called free when only the rich are heard," Rudman said. Said Zink, “This call for a Constitutional Amendment is about free speech, every voice being heard equally. Let's restore our Constitutional rights and start the process of getting BIG MONEY out of our elections and BIG IDEAS back in. Please vote "OTP" on HCR 5.”

Neither bill is scheduled for executive session this week.

OUR TOP PRIORITY THIS SESSION

The Voter-Owned Elections Act

While LSR 882 language still has not been posted to the legislature's website, posted the version submitted as the LSR is here. 

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 in 2022. Such a system reduces the influence of affluent donors who may or may not represent special interests. Expect hearings on this bill in early February.

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: 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 18, 2019

Attend the Voter-Owned Elections Act Debut Thursday at Granny D Birthday lunch

Help us celebrate Doris "Granny D" Haddock's birthday and the 20th anniversary of her epic 3,200-mile walk across the U.S. for campaign finance reform!   This coming Thursday, January 24, LSR-0882, the Senate's Voter-Owned Elections Act will be unveiled at a free luncheon for legislators and supporters in Granny D's honor at St. Paul's basement, across Park Street from the State House.

RSVP HERE

Speakers include prime sponsor Sen. Martha Hennessey as well as Doris “Granny D” Haddock in a 2007 video address to NH legislators on public financing. Attending legislators can also pick up a free copy of Granny D's book, “This American Century,” and an ivy offspring from Granny D's own ivy plant. The luncheon begins at noon.

Hearings are expected for the Voter-Owned Elections Act in late January or early February, and your calls, LTEs and hearing attendance will be needed.

UPCOMING HEARINGS AND VOTES

Red = ODA Priority Bill

We have a slate of important bills this week, two regarding a U.S. Constitutional amendment the overturning Citizens United, and CACR9 a NH constitutional amendment for a permanent nonpartisan redistricting commission.   Your attendance at the ODA Priority Bill hearings and supporting phone calls to legislators would be helpful.      

TUESDAY, JANUARY 22

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.

1:00 p.m. CACR 9, relating to redistricting. Providing that an independent redistricting commission shall be established to draw boundaries for state and federal offices. This NH constitutional amendment resolution proposes a permanent, non-partisan redistricting commission, and goes to great lengths to outline who can serve on the commission.   This is a complex bill which requires a close reading of the text.   Supported by ODA. Your calls and letters to the Election Law committee members are needed.

2:00 p.m. Subcommittee work session on HB 242, relative to special elections.

WEDNESDAY, JANUARY 23

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

10:00 a.m. HCR 5, 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. Note: There are four other unrelated HCRs being heard in this committee that day at unspecified times. Be prepared to be patient! Attend the hearings or call the members of the committee!

CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 204, LOB 10:00 a.m.

HB 486, relative to department of corrections procedures concerning the requirement for restoration of the voting rights of felons.

THURSDAY, JANUARY 24

LEGISLATIVE ADMINISTRATION, Room 303, LOB

10:30 a.m. HB 441, relative to disclosure of the source of legislative bill proposals and the disclosure of certain information by lobbyists.

11:15 a.m. HB 504, relative to election-related amendments to the United States Constitution.

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: Attend this hearing, then go to the Granny D Luncheon after. Can't come? Call or write to the Legislative Administration committee members!

LAST WEEK'S HEARINGS

HCR 5 Resolution to Overturn Citizens United

This week's hearing on HCR 5 in the House State-Federal Relations & Veterans Affairs committee. This resolution instructs our Congressional delegation to support a Constitutional amendment overturning the Citizens United decision. Testifying for Open Democracy Action were Executive Director Olivia Zink and volunteer Joe Magruder. Zink told the committee, “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

HB 429, Committee to study ways to improve civic engagement in New Hampshire. Open Democracy submitted 2016's Open Democracy Index, which measured civic engagement. ODA volunteer Joe Magruder testified, and no one testified against the bill.   We support the creation of this committee. Supported by ODA

LEGISLATION WE'RE WATCHING THIS TERM

Public Funding

While LSR 882 language has not been posted to the legislature's website, we have posted the version submitted as the LSR last week here.

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 in 2022. Such a system reduces the influence of affluent donors who may or may not represent special interests. Expect hearings on this bill in late January or early February.

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 Represenative Sandra Keans.

LSR 2019-0982 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 Authored and supported by ODA

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.

HB 504, relative to election-related amendments to the United States Constitution.

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. Prime sponsors are Ellen Read, Martha Fuller Clark, Edward Butler, Timothy Smith, William Pearson, Ivy Vann, and Joseph Guthrie. Supported by ODA

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.

Money-in-Politics

LSR 2019-0984  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 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. Sponsored by Marjorie Smith , Martha Fuller Clark, Daniel Eaton, and Mary Heath.

LSR 2019-0985 relative to requiring the attorney general to hire staff to supervise election law, campaign finance law, and lobbying matters. (No text available yet.) Sponsored by Dan Feltes, Martha Fuller Clark, Sharon Carson, Karen Ebel, Martha Hennessey.

Redistricting & 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.

HB706 establishing an independent redistricting commission. 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. 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. Supported by ODA

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. Supported by ODA

Key Committee Contacts

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)

"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)