The HB 706 nonpartisan redistricting commission bill hit the airwaves this week, as the Senate Elections Law and Municipal Affairs gets ready to vote this Thursday morning. Prime sponsor Rep. Marjorie Smith spoke on May 8 on New Hampshire Public Radio's The Exchange, explaining her bill and the recent amendment to attract more Republican support.

We've incorporated changes into a bill which I believe we have a bill that does everything possible we can do to include the legislature at the start of the process, and at the end of the process, and in the middle have a competent group of people working in the public eye --not behind close doors, but in the public eye-- with hearings in each county, to make sure that we end up with the best possible redistricting.

Open Democracy's Olivia Zink also participated in a discussion in Concord with WKXL's Chris Ryan on May 6, along with Lucas Meyer, to hit the highlights of the bill in an 11-minute segment. Zink said,

“This is really about fundamental representation.  Voters really want to know that they're going to the poll and picking their representatives and know that the system has not been rigged by the party in charge.”

HB 706 gets a vote in the Senate Election Law & Municipal Affairs committee this Thursday at 9 a.m., Room 102 of the Legislative Office Building.

Executive Session 9 a.m. Thursday on HB 706 Nonpartisan Redistricting Commission

It's likely that HB 706 will clear the Senate Election Law & Municipal Affairs committee this week, but we anxiously await the positions of the committee's Republican members on the proposed amendment giving the legislature a heavier hand in the process. Once approved by the full Senate, it will return to the House for its approval of the amended bill. It is crucial that Republican members of the rest of the Senate hear your comments.

A correction for last week's New Hampshire Democracy Report. We noted that from the application pool, the majority party leaders nominate 10 majority party picks, and the minority leaders pick their 10. Incorrectly we said that “the minority party picks five of the majority party's nominees, and the majority party would pick five of the the minority party's nominees.” That is not accurate. In fact, the majority & minority leaders strikes five nominees from the opposing party's picks, similar to impaneling a jury. The remaining five are to be unaffiliated members, which need to be chosen by a bipartisan vote of the parties' chosen commissioners.

HB 706 is expected soon in the full Senate, but if the amendment passes, it must return to the House for a confirmation vote. Open Democracy Action has testified for the original bill and supports the amendment. Supported by ODA

LLC Loophole Bill SB 156 Gets House Election Law Vote Thursday

House Election Law votes Thursday on the SB 156 bill to close the LLC loophole. While it does not stop the flow of campaign donations, SB 156 would force donors using a limited liability corporation to make campaign donations to disclose who is making the donation and how much. Open Democracy Action testified for the bill in both the House and Senate, and SB 156 passed the Senate by a 13-11 margin. Supported by ODA

Utility Lobbying Bill Passes but Bounces to a Second Committee

SB 206 would prevent public utilities from passing on to customers some of their costs for lobbying and other political activity. In sending the bill on to the House, the vote was 24-0 in the Senate, and the House Election Law committee concurred, endorsing it 18-0 in a nonpartisan vote. A late change to the bill expanded the definition of lobbying and political activity, but the bill was still passed on a voice vote. As a two-committee bill, it now pinballs to the House Science, Technology and Energy committee for a hearing for 10 a.m. Wednesday, Room 304, LOB, followed by an executive session vote at 10:30. Supported by ODA

UPCOMING HEARINGS & COMMITTEE VOTES

Red = Open Democracy Action Priority Bill

Wednesday, May 15, 2019

HOUSE SCIENCE, TECHNOLOGY AND ENERGY, Room 304, LOB

10:00 a.m. SB 206, excluding the cost of lobbying and political activity from the rates of public utilities. An executive session is scheduled for this bill at 10:30.  Supported by ODA

Thursday, May 16, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. Executive session on

SB 71, relative to the election of delegates to party conventions;

SB 105FN, relative to contributions to inaugural committees;

SB 156, to close the LLC Loophole, passed the Senate along party lines, 13 Democrats supporting ans 11 Republicans opposing. The LLC Loophole is exploited by donors who want to anonymously make donations to exceed federal donations to candidates. SB 156 would require disclosure of donors and amounts, but due to the Citizens United decision, can't limit the amounts. Supported by ODA

The committee will also continue work on SB 70, relative to vacancies among primary candidates and prohibiting a candidate from receiving the nomination of more than one party.

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, including the HB 706 nonpartisan redistricting commission

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

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

EXECUTIVE SESSION MAY FOLLOW

This Week's Legislature Sessions

The Senate meets this Wednesday, May 15, 2019, at 10 a.m. A number of democracy bills this week, including the previously mentioned HB 429 civic engagement committee bill. The bills coming to the floor from the Election Law and Municipal Affairs committee include:

HB 345, relative to certification of devices for the electronic counting of ballots, Ought to Pass, Vote 3-1.

HB 415, relative to the official ballot referendum form of town meetings. Ought to Pass, Vote 4-0.

HB 429, establishing a committee to study ways to improve civic engagement in New Hampshire. Ought to Pass with Amendment, Vote 4-0. Supported by ODA

HB 452, establishing a commission on the first-in-the-nation presidential primary. Inexpedient to Legislate, Vote 3-0.

HB 539-FN, establishing a committee to study the implementation of the One4All ballot in municipal elections. Ought to Pass with Amendment, Vote 3-0.

The next House of Representatives session will be a week from Thursday, May 23, 10 a.m. We expect SB 206 to return for another full House vote after its second committee vote, as well as the SB 156 LLC Loophole bill.

Don't Let Up - Tell your Senator to support the HB 706 Nonpartisan Redistricting Commission 

Your calls are needed to your senator by to support HB 706. Call now!

Upcoming Open Democracy Events

Screening of Dark Money., Monday, May 20, Canaan, NH

This award-winning political thriller examines one of the greatest threats  to American
democracy; the influence of untraceable corporate money on our elections and elected officials. The film follows an intrepid local journalist working to expose the real-life impacts of the US Supreme Court’s Citizens United decision. Through this gripping story, DARK MONEY uncovers the shocking and vital truth of how American elections are bought and sold.

There will be a panel discussion following the film.

Free and open to the public, this is event is sponsored by Open Democracy, Take Back Our Republic, American Promise, Wolf-PAC and Rights and Democracy.

Monday, May 20, 6 pm. Mascoma Valley Reg. High School, Canaan. Please RSVP HERE. 

LEGISLATION WE'RE WATCHING THIS TERM

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

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: 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)

For campaign finance and Big Money politics reformers, “compromise” can be hard to swallow, especially when the power of the voters is at stake. A bipartisan compromise amendment this week during the Senate committee hearing for HB 706 weakens the power of the voters in some respects (see article below), but satisfies the constitutional concerns by some legislators, and may have strengthened the bill in the eyes of the Governor. 

“There are no problems we cannot solve together,
and very few that we can solve by ourselves.”

– Lyndon B. Johnson

Open Democracy Action supports this compromise. New Hampshire voters might not get as pure a bill, but they will get a bill that is palatable to both parties and the Governor – and voters get a big step forward in Democracy if not a giant leap.      

House & Senate leaders Broker Bipartisan Amendment to HB 706, Enticing Republican Support for Nonpartisan Redistricting

While the majority Democrats were likely to pass HB 706, a compromise amendment to the bill to assure more Republican support and make the bill more palatable to the Governor was proposed in Senate Election Law and Municipal Affairs last week. The amendment was proposed by prime sponsor Rep. Marjorie Smith and Senator Jim Gray.

As originally proposed, the 15-member nonpartisan redistricting commission was chosen from a pool of 45 Republicans, Democrats and third party/independents. That pool would not include party leaders, legislators or their family members, big donors or lobbyists. However, the amendment throws out that process, including the prohibitions, and instead creates a pool from applicants who apply via the Secretary of State's office. The applicants must disclose their voting party affiliation, past offices held, and lobbying activity. Current state or federal legislators are prohibited, but their family members are not. Big donors are not prohibited, as was the case with the original bill.

From the application pool, the majority party leaders nominate 10 majority party picks, and the minority leaders pick their 10. This gets complicated, so read carefully: Then the minority party picks five of the majority party's nominees, and the majority party would pick five of the the minority party's nominees. The remaining five are to be unaffiliated members, which need to be chosen by a bipartisan vote of the parties' chosen commissioners.

The amendment also adds a layer of review. Should the full Senate pass the bill, the bill would return to the House for a vote on the amended bill prior to going to the Governor's desk.

The amendment appears to have softened Governor Sununu's position. Previously the Governor had said he was satisfied with the current 2010 districts drawn by then House Speaker William O'Brien. The process was controversial, as outlined in a timeline by Ballotopia. However, in an interview with the Union Leader this week, Governor Sununu stated, “I’ll see where the final bill ends up,” he said. “The initial bill they put forward was incredibly complex. It was well-intended but not very practical in how it was implemented, but where the final bill ends up ... we’ll be interested in taking a look,” said Sununu.

Open Democracy Action has testified for the original bill and supports the amendment. We expect HB 706 to be in the full Senate by mid May. Supported by ODA

HB 297 Passes Senate, Goes to Governor's Desk

After sailing through both the House and Senate Elections Law committees , the full Senate passed HB 297 on a voice vote. This bill takes a small step toward insuring full disclosure of those participating in NH elections by making sure political advertisers are registered with the Secretary of State. Overwhelming votes in the House & Senate committees should convince Governor Sununu to sign the bill in the public interest.  Supported by ODA

Utility Lobbying Bill Expected to Pass Full House Wednesday

SB 206 would prevent public utilities from passing on to customers some of their costs for lobbying and other political activity. In sending the bill on to the House, the vote was 24-0 in the Senate, and the House Election Law committee concurred, endorsing it 18-0 in a nonpartisan vote. A late change to the bill expanded the definition of lobbying and political activity, but the bill was added to the upcoming session's consent calendar of noncontroversial bill and is expected to pass. Supported by ODA

HB 504 Filled Room with Overturn Citizens United Supporters

A packed hearing room and several speakers sent a message of reform to the Senate Elections Law & Municipal Affairs committee. A sweeping proposal for amending the U.S. Constitution, HB 504, came before the Senate Elections Law & Municipal Affairs committee last Wednesday. The legislation calls on the U.S. Congress to support a constitutional amendment which allows Congress and state legislators to regulate money in elections and lobbying, and to require nonpartisan redistricting of voting districts, doing away with gerrymandering. It also calls for a public hearing about the amendment.

Several Open Democracy volunteers testified, several mentioning the 82 New Hampshire towns which passed resolutions calling for the overturning of the Citizens United decision, along with Open Democracy Action's Bob Perry and Rick Bourdon. Democracy allies also testified, including American Promise's Ben Gubits and Jim Rubens, New Hampshire anti-corruption activist and New England chair of Take Back Our Republic.   No one testified in opposition to the bill.   Supported by ODA

UPCOMING HEARINGS & COMMITTEE VOTES

Red = Open Democracy Action Priority Bill

Tuesday, May 7, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. Subcommittee work session on SB 70, relative to vacancies among primary candidates and prohibiting a candidate from receiving the nomination of more than one party.

Wednesday, May 8, 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

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

EXECUTIVE SESSION MAY FOLLOW

Thursday, May 9, 2019

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

Thursday, May 16, 2019

HOUSE ELECTION LAW, Room 308, LOB

10:00 a.m. Executive session on

SB 71, relative to the election of delegates to party conventions;

SB 105FN, relative to contributions to inaugural committees;

SB 156, to close the LLC Loophole, passed the Senate along party lines, 13 Democrats supporting ans 11 Republicans opposing. The LLC Loophole is exploited by donors who want to anonymously make donations to exceed federal donations to candidates. SB 156 would require disclosure of donors and amounts, but due to the Citizens United decision, can't limit the amounts.  Supported by ODA

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

EXECUTIVE SESSION MAY FOLLOW

This Week's Legislature Sessions

The House has two sessions this week, Wednesday, May 8 at 10 a.m., and Thursday,May 9 at 10 a.m. The most important Democracy bill facing the legislature is SB 206 with a late amendment.

The Senate next meets in full session on Wednesday, May 15 at 10 a.m. There are important Democracy bills pending, including HB 706. Next week's New Hampshire Democracy Report will confirm the docket.

Call your Senator - HB 706 Nonpartisan Redistricting Commission in Senate Election Law this Week, Likely Full Senate in Mid May

Your calls are needed to your senator by to support HB 706. Call now!

Upcoming Open Democracy Events

Community Forum on Campaign Finance Reform. May 9, 7 p.m. 

New Hampshire's campaign finance laws have a rich history, and advocates from the left and right are hard at work to reform them. In this special community forum, which will focus exclusively on state level campaign finance law and reform, leading advocates from the left and right will speak on and debate the issues on one stage.

Free and open to the public (space limited), local residents are invited to attend this unique bi-partisan forum to learn about campaign finance law, efforts to reform them, and how campaign finance affects elections and democratic representation. After a moderated debate, the participants will take questions from the audience.

Moderated by State Representative Kathy Hoelzel, the forum will feature Steve Marchand from the left and Greg Moore from the right.

Doors will open at 6:30 pm, and the event will start at 7:00 p.m. Iber Holmes Gove Middle School Cafeteria, Raymond. Free and open to the public. RSVP Required. Please CLICK HERE.

Screening of Dark Money., Monday, May 20, Canaan, NH

This award-winning political thriller examines one of the greatest threats  to American democracy; the influence of untraceable corporate money on our elections and elected officials. The film follows an intrepid local journalist working to expose the real-life impacts of the US Supreme Court’s Citizens United decision. Through this gripping story, DARK MONEY uncovers the shocking and vital truth of how American elections are bought and sold.

There will be a panel discussion following the film.

Free and open to the public, this is event is sponsored by Open Democracy, Take Back Our Republic, American Promise, Wolf-PAC and Rights and Democracy.

Monday, May 20, 6 pm. Mascoma Valley Reg. High School, Canaan. Please RSVP HERE. 

LEGISLATION WE'RE WATCHING THIS TERM

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

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: 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)

Friday night, author of “Democracy in Chains” Nancy MacLean recounted the strategy and systematic hobbling of our democracy led by billionaires Charles and David Koch. Through a long-game of gerrymandering of voting districts, voter suppression tactics, funneling of dark money to support candidates and SuperPACs, and development of judges who will uphold these actions from the bench, MacLean contends that billionaire donors have fundamentally changed the balance of our democracy. What can be done about it?

“The only lasting way out of this acute crisis is deep structural reform of the rules of government, the kind of reform that you're trying to do here in New Hampshire and others are working on elsewhere.

What kinds of structural reform? We need to stop that flow of corporate money - particularly dark, untraceable, unaccountable money to candidates. We need to bring more voters into participation, through automatic voter registration. We need to rebuild countervailing power to extreme wealth like that of the Koch network whether it's the power of labor unions or community groups, or groups like the Kent Street Coalition.

And as some activists are putting it, and I think beautifully, we need to start thinking about democracy beyond elections. Elections are crucial, they're important. But we need to be thinking about year-round enhanced organization and representation of the people. And we need to unrig the rules that have been so systematically rigged by the other side.”

– Prof. Nancy MacLean

Our current term of the New Hampshire legislature has taken some concrete steps this term against gerrymandering, voting rights and dark money and now has placed legislation before Governor Sununu. But the question remains whether the Governor will side with the people, or with those forces who want to keep the system rigged.        

SB 8 Retained, HB 706 Nonpartisan Redistricting Commission Faces Senate Election Law & Municipal Affairs Wednesday

The SB 8 nonpartisan redistricting bill was not unexpectedly retained in House Election Law so HB 706 can move forward in the Senate. The bills are similar, but HB 706 has additional elements which give it the edge. HB 706 also needs to pass through the Senate Finance committee.

The nonpartisan redistricting bill selects 15 commissioners out of a pool of 45 Republicans, Democrats and third party/independents. That pool may not include party leaders, legislators or their family members, big donors or lobbyists.

Help insure passage in committee by attending this hearing, this Wednesday, 10 a.m. Room 102, LOB. Open Democracy Action will be testifying for the bill. We expect HB 706 to be in the full Senate by mid May. Supported by ODA

House Election Law Votes 20-0 for SB 106 Transparency Bill

After a unanimous vote in the full senate, SB106 received another strong endorsement in committee, with a 20-0 vote in House Election Law. The bill now goes on to the full NH House, where it has the votes to pass and be put on the Governor's desk. The bill revises a current statute, closing the loophole that allows groups to not to disclose their electioneering expenditures by restricting their advocacy to communications that do not expressly say vote “for” or “against” a candidate.

The Koch Brothers' Americans for Prosperity New Hampshire arm has testified against such transparency in the past, but did not testify against this bill in the House. Calls are needed to the Governor's office at (603) 271-2121 to ask him to support all upcoming disclosure and transparency bills. Co-Authored and supported by ODA

SB 7 SMART Act Voter Registration Retained

Though the SB 7 SMART Act had passed through Senate Election Law and Municipal Affairs, the a high price tag quoted by the NH Secretary of State and NH DMV was a sticking point for the House Election Law committee, so the bill was retained in committee for further work. The SB 7 SMART Act, funds changes to the New Hampshire DMV's software to allow voter registration when obtaining a driver's license or other business at the state agency. Supported by ODA

Utility Lobbying Bill Passes House Election Law 18-0

SB 206 would prevent public utilities from passing on to customers some of their costs for lobbying and other political activity. In sending the bill on to the House, the vote was 24-0 in the Senate, and the House Electon Law committee concurred, endorsing it 18-0 in a nonpartisan vote. Should it pass the full house, voters should pay attention to the governor's actions, who has received $7,000 in campaign donations from Eversource, and another $7,000 from NextEra Energy Seabrook LLC, the operator of the Seabrook nuclear power station.

Not coincidentally, it was Gov. Chris Sununu's father, Gov. John H Sununu, who championed the opening of the Seabrook Nuclear Power Station, and was later embroiled in a scheme where the operator of the plant paid half of a top Sununu aide's salary and the salaries or consulting fees of several other Republicans. (Nuclear Power Payments Haunt Sununu : Reports Question Seabrook Operator's Role in New Hampshire, Washington Post, 1989) ) Supported by ODA

HB 297 Transparency Bill Before the Full Senate Thursday

The full Senate will consider HB 297 this week, which requires, as Rep. Wayne Moynihan stated, 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 House Election Law, 19-0; vote in Senate Election Law & Municipal Affairs, committee, 5-0. The bill has been added to the Senate Consent calendar, and the session begins Thursday, May 2, at 10 a.m.   OUGHT TO PASS. Supported by ODA To promote transparency, please vote to support this bill

HB 504 Heard in Senate Committee Wednesday

A sweeping proposal for amending the U.S. Constitution, HB 504, comes before the Senate Elections Law & Municipal Affairs committee on Wednesday, Room 102, LOB. The legislation calls on the U.S. Congress to support a constitutional amendment which allows Congress and state legislators to regulate money in elections and lobbying, and to require nonpartisan redistricting of voting districts, doing away with gerrymandering. It also calls for a public hearing about the amendment.

UPCOMING HEARINGS & SESSION VOTES

Red = Open Democracy Action Priority Bill

There are few Democracy bills this week, but an important vote on HB 297 in the full Senate. House Election Law does not meet this week.

Wednesday, May 1, 2019

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

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

9:20 a.m. HB 504, supports a U.S. Constitutional amendment for fair redistricting, and to control the influence of money in elections. The bill passed the House in a division vote 200 – 149.

9:45 a.m. HB 618-L, relative to the definition of contracts relative to official ballot default budgets.

10:00 a.m. HB 706-FN-A, establishing an independent redistricting commission.

EXECUTIVE SESSION MAY FOLLOW

This Week's Session Meetings

The Senate will be meeting this Thursday, May 2 at 10 a.m., with HB 297 being Open Democracy Action's main interest. We expect HB 706 to be before the full Senate by mid May, provided it comes out with a committee OTP recommendations.

The House will meet Thursday, May 2, at 1 p.m, and again on Wednesday, May 8. There are no bills from the Election Law committee on either the consent or the regular calendar. Next week we expect the LLC Loophole bill SB 156 to get a final vote.

Call your Senator - HB 706 Nonpartisan Redistricting Commission in Senate Election Law this Week, Likely Full Senate in Mid May

Your calls are needed to your senator by THIS WEEKEND to support HB 706. True, the Senate has already passed SB 8, but full Senate approval is needed to send this major piece of Democracy legislation to Governor Sununu's desk. Call now!

Invitation to Legislators: See “Dark Money” Movie Prior to Session at NEC Concord 

Special arrangements have been made for legislators to see the acclaimed documentary, “Dark Money,” this Thursday, May 2, at 9 a.m. prior to committee hearings and Session. The showing will take place at New England Colllege's Concord facility, 62 N Main St, Concord. The movie is 98 minutes long, and well worth the watch, according to the Washington Post.

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)

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

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

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

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

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

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

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

House Election Law Votes Thursday on SB 106 Transparency Bill

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

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

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

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

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

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

UPCOMING HEARINGS & SESSION VOTES

Red = Open Democracy Action Priority Bill

Tuesday, April 23, 2019

HOUSE ELECTION LAW, Room 308, LOB

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

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

1:00 p.m. Executive session on:

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

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

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

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

WEDNESDAY, APRIL 24, 2019

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

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

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

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

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

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

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

Thursday, April 25, 2019

HOUSE ELECTION LAW, Room 308, LOB

11:00 a.m. Executive session on

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

SB 45, relative to electioneering at polling places;

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

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

SB 68, relative to the centralized voter registration database;

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

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

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

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

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

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

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

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

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

EXECUTIVE SESSION MAY FOLLOW

This Week's Session Meetings

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

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

Last Week's Hearings

LLC Loophole Bill SB 156 Hearing Faces Little Opposing Testimony

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

Study Committee to Enhance Civic Engagement, HB 429 Heard

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

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

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

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

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

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

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

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

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

LEGISLATION WE'RE WATCHING THIS TERM

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

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

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

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

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

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

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

Senate Election Law Should Endorse HB 429

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

UPCOMING HEARINGS & SESSION VOTES

Red = Open Democracy Action Priority Bill

TUESDAY, APRIL 16, 2019

HOUSE ELECTION LAW, Room 308, LOB

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

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

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

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

WEDNESDAY, APRIL 17, 2019

SENATE ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

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

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

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

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

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

EXECUTIVE SESSION MAY FOLLOW

TUESDAY, APRIL 23, 2019

HOUSE ELECTION LAW, Room 308, LOB

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

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

This Week's Session Meetings

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

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

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

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

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

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

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

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

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

LEGISLATION WE'RE WATCHING THIS TERM

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

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: 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)

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

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

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

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

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

Image: Gerrymandered Senate Districts from 1875

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

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

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

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

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

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

UPCOMING HEARINGS & SESSION VOTES

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

ELECTION LAW AND MUNICIPAL AFFAIRS, Room 102, LOB

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

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

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

EXECUTIVE SESSION MAY FOLLOW

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

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

Passing of Democracy Activist and NH State Representative Barbara Hull Richardson

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

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

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

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

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

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

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

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

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

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

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

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

Excited about Ranked Choice Voting? Get Involved April 7!

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

LEGISLATION WE'RE WATCHING THIS TERM

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

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: 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 8 Vote Likely Thursday for Senate's Nonpartisan Redistricting Commission

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

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

Will Transparency Win Over Special Interests? SB 155 & 156

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

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

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

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

SB 106 Defines Political Advocacy Groups

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

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

SMART Act SB 7 Passes 14-10 in the Senate

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

 UPCOMING HEARINGS & SESSION VOTES

Red = Open Democracy Action Priority Bill

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

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

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

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

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

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

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

Results of Last Week's Full Senate Votes

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

OTP = Ought to Pass

ITL = Inexpedient to Legislate

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

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

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

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

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

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

LEGISLATION WE'RE WATCHING THIS TERM

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

Public funding

Redistricting and ending gerrymandering

Campaign reform

Money in politics

Questions? Want to Help?

Olivia Zink: 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)

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)