HB 1553 – AS INTRODUCED
2006 SESSION
03/04
HOUSE BILL 1553
AN ACT relative to electioneering.
SPONSORS: Rep. Kennedy, Merr 4
This bill modifies state electioneering prohibitions.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2845
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to electioneering.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Elections; General Provisions; Terms and Definitions; Electioneer. Amend RSA 652 by inserting after section 16-a the following new section:
652:16-b Electioneer. For the purposes of the election laws, “electioneer” shall mean to act or communicate in any way that a reasonable person would conclude is an attempt to influence how another person may vote at any election on any question or office. “Electioneer” shall not include any printed or written matter attached to any privately-owned vehicle.
2 Distributing Campaign Materials at Polling Place. RSA 659:43, I-II are repealed and reenacted to read as follows:
I. No person shall electioneer or cause electioneering communications to be displayed, distributed, or broadcast on or within the building where an election is being held at any time during election day. This prohibition shall include electioneering regarding candidates or questions that may be voted on at any future election or meeting. No person shall lobby current elected officials or candidates for office or cause lobbying communications to be displayed, distributed, or broadcast on or within the building where an election is being held at any time during election day. This section shall not prevent lobbying, discussion, or the presentation of electioneering materials regarding warrant articles being considered at a town, school district, or village district meeting being held at the same time and place as an election, provided such electioneering conforms to the rules of the meeting as established by the moderator or by the meeting.
II. No person shall distribute any campaign materials or perform any electioneering activities or any activity which affects the safety, welfare, and rights of voters within a corridor at least 10 feet wide and extending a distance from the entrance door of the building as determined by the moderator where the election is being held. At the discretion of the moderator, this prohibition may extend to any parking lot which is part of the facility where the polling place is located. If the corridor is wider than 10 feet and longer than 50 feet, an area where electioneering is allowed shall be provided within 100 feet of the primary entrance to the polling place, if it is practical to do so. If the corridor is extended into the parking lot, this section shall not prohibit displaying electioneering materials attached to a motor vehicle which is lawfully parked in a parking lot, provided the electioneering materials are attached in a manner and are of a nature that would allow the vehicle to be legally driven on a public way.
3 Electioneering at the Polling Place. Amend RSA 659:44 to read as follows:
659:44 Electioneering at the Polling Place. No election officer shall electioneer while in the performance of his or her official duties. [For the purposes of this section, “electioneer” shall mean to act in any way specifically designed to influence the vote of a voter on any question or office.] Any person who violates this provision shall be guilty of a misdemeanor.
4 Electioneering by Public Employees. Amend RSA 659:44-a to read as follows:
659:44-a Electioneering by Public Employees. No public employee[, as defined in RSA 273-A:1, IX,] shall electioneer while in the performance of his or her official duties or use government property, including, but not limited to, telephones, facsimile machines, vehicles, and computers, for electioneering. For the purposes of this section, [“electioneer” means to act in any way specifically designed to influence the vote of a voter on any question or office] “public employee” means any person acting as a volunteer for the state or any political subdivision thereof, including, but not limited to, the judicial branch of the state, any council, commission, agency, or authority of the state, and the state university system. “Public employee” includes any classified, unclassified, nonclassified, full-time, part-time, or seasonal employee of the state. “Public employee” does not include persons elected by popular vote or persons appointed by the chief executive or legislative body of the state or political subdivision whose duties imply a confidential relationship to the political subdivision. Any person who violates this section shall be guilty of a misdemeanor.
5 Effective Date. This act shall take effect June 1, 2006.