2009 SESSION
03/01
HOUSE BILL 394-FN
AN ACT relative to disclosure by candidates of criminal convictions and professional license suspensions.
SPONSORS: Rep. Hamm, Merr 4; Rep. Skinder, Sull 1; Rep. DiFruscia, Rock 4; Rep. Stiles, Rock 15
This bill requires candidates for state and federal office to disclose whether they have been convicted of a felony or lost a professional license. This bill also requires the legislative ethics committee to conduct criminal history records checks on members of the senate and house of representatives.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0016
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to disclosure by candidates of criminal convictions and professional license suspensions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Legislative Ethics Committee; Duties; Criminal history Records Check. Amend RSA 14-B:3 by inserting after paragraph III the following new paragraph:
IV. The legislative ethics committee shall conduct a criminal history records check on every member elected to the senate and the house of representatives, provided that if a member is reelected an additional criminal history records check shall not be required. The committee shall submit the criminal history records release form received from the secretary of state to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall report any criminal conviction information to the committee. The committee shall make the results of the criminal history records check available for public inspection.
2 Filing; General Provisions. Amend RSA 655:14 and RSA 655:14-a to read as follows:
655:14 Filing: General Provisions. The name of any person shall not be printed upon the ballot of any party for a primary unless [he] the person is a registered member of that party, [he] the person shall have met the age and domicile qualifications for the office he or she seeks at the time of the general election, [he] the person meets all the other qualifications at the time of filing, and [he] the person shall file with the appropriate official between the first Wednesday in June and the Friday of the following week a declaration of candidacy as provided in RSA 655:17, and
I. If the person is a candidate for state senator or state representative, a notarized criminal history records release form as provided by the division of state police, which authorizes the release of the person’s criminal records, if any. The secretary of state shall forward all release forms to the legislative ethics committee.
II.(a) The appropriate filing fee as provided in RSA 655:19; or
[II.] (b) The appropriate number of primary petitions as provided in RSA 655:20 and 655:22 and an assent to candidacy as provided in RSA 655:25.
655:14-a Filing by Other Candidates. Every candidate for state or federal office who intends to have his or her name placed on the ballot for the state general election by means other than nomination by party primary shall file a declaration of intent with the secretary of state as provided in RSA 655:17-a or RSA 655:17-b and, if the person is a candidate for state senator or state representative, a notarized criminal history records release form as provided by the division of state police, which authorizes the release of the person’s criminal records, if any, during the same time period in which party candidates file a declaration under RSA 655:14. The secretary of state shall forward all release forms to the legislative ethics committee.
3 Declaration of Candidacy or Intent. Amend RSA 655:17 and RSA 655:17-a to read as follows:
655:17 Declaration of Candidacy. Declarations of candidacy shall be in the following form and signed by the candidate:
I, _______________________, declare that I am domiciled in Ward ____, in the city (or town or unincorporated place) of __________________, county of _______________, state of New Hampshire, and am a qualified voter herein; that I am a registered member of the __________ party; that I am a candidate for nomination for the office of ________________ (or for delegate to the state convention) to be made at the primary election to be held on the _____ day of _______________; and I hereby request that my name be printed on the official primary ballot of the party in which I am registered as a candidate for such nomination or election. I declare that I am not a candidate for incompatible offices as defined in RSA 655:10, and that I am not a federal employee which makes me ineligible to file as a candidate for this office. I further declare that, if nominated as a candidate for said office or if elected as such delegate, I will not withdraw; and that, if elected, I will be qualified for and will assume the duties of said office. I declare that I have/have not (circle one) been convicted of a felony. I declare that I have/have not (circle one) had a professional license revoked, suspended, or otherwise involuntarily terminated.
655:17-a Declaration of Intent; Other Candidates. Declarations of intent for nonparty or other candidates shall be in the following form and signed by the candidate:
I, __________________, declare that I am domiciled in Ward ____, in the city (or town or unincorporated place) of _______________, county of _________________, state of New Hampshire, and am a registered voter herein; that I intend to be a candidate for the office of __________ to be chosen at the general election to be held on the _____ day of _________________; and I intend to file nomination papers by the deadline established under RSA 655:43. I further declare that, if qualified as a candidate for said office, I shall not withdraw; and that, if elected, I shall be qualified for and shall assume the duties of said office. I declare that I have/have not (circle one) been convicted of a felony. I declare that I have/have not (circle one) had a professional license revoked, suspended, or otherwise involuntarily terminated.
4 Forwarding Declarations of Candidacy. Amend RSA 655:18 to read as follows:
655:18 Forwarding Declarations of Candidacy and Release Forms. Each city or town clerk shall forward each declaration of candidacy and criminal history records release form filed with [him] the clerk to the secretary of state on the day of filing of the same, provided the requisite fee shall have been deposited, or the requisite number of primary petitions shall have been filed therewith.
5 No Declaration Filed. Amend RSA 655:32, I to read as follows:
I. In case no declaration shall be filed by a candidate for any nomination to be voted for at a primary, the nomination may be made by the appropriate party committee as provided in this section. The appropriate party committee shall notify the secretary of state in writing of a person it designates to fill the vacancy. The person so designated may accept the nomination by, on or before the Wednesday following the expiration of the period for filing declarations of candidacy as provided in RSA 655:14, filing with the secretary of state a declaration of candidacy as provided in RSA 655:17 and, if the person is a candidate for state senator or state representative, a notarized criminal history records release form as provided by the division of state police, which authorizes the release of the person’s criminal records, if any. The secretary of state shall forward all release forms to the legislative ethics committee. Any candidate accepting a nomination under this paragraph who has already filed for an incompatible office as defined in RSA 655:10 shall withdraw the prior filing. Any vacancy created by the withdrawal of a filing may be filled pursuant to this section. If the candidate is designated for the office of governor, councilor, state senator, or state representative, he or she shall also file on or before the Wednesday following the period for filing declarations of candidacy the appropriate affidavit as provided in RSA 655:29. Any candidate so designated by a party committee who has not filed all the forms required by this section within the required period of time shall not have his or her name printed on the state primary election ballot for that office.
6 Vacancy for Office on Party Ticket. Amend RSA 655:37 to read as follows:
655:37 Vacancy for Office on Party Ticket. If, after the holding of a state primary election, a vacancy exists for any office on a party ticket, such vacancy may be filled as provided in this section. The appropriate party committee shall notify the secretary of state in writing of a person [they designate] it designates to fill the vacancy. The person so designated shall, no later than the second Friday following the primary election, file with the secretary of state a declaration of candidacy as provided in RSA 655:17 with the understanding that, where the form says primary election, it shall be construed to mean general election and, if the person is a candidate for state senator or state representative, a notarized criminal history records release form as provided by the division of state police, which authorizes the release of the person’s criminal records, if any. The secretary of state shall forward all release forms to the legislative ethics committee. If the candidate is designated for the office of governor, executive councilor, state senator, or state representative, [he] the candidate shall also file, no later than the second Friday following the primary, the appropriate affidavit as provided in RSA 655:29. Any candidate who has not filed all the forms required by this section within the required period of time shall not have his or her name printed on the state general election ballot for that office.
7 Write-In Nomination. Amend RSA 659:88, I(b) to read as follows:
(b) A person whose name was not printed anywhere on the official state primary election ballot, and who receives the nomination of a party by write-in vote in a primary election and wishes to accept the nomination, shall file a declaration of candidacy and, if the person is a candidate for state senator or state representative, a notarized criminal history records release form as provided by the division of state police, which authorizes the release of the person’s criminal records, if any, with the secretary of state no later than the second Monday after the primary. The secretary of state shall forward all release forms to the legislative ethics committee. The declaration of candidacy shall be filed with the understanding that, where the form says “primary election,” it shall be construed to mean “general election.’‘ A person who files a declaration of candidacy under this section shall be subject to the requirements of RSA 655:19 and 655:19-b relative to filing fees. The person may have the filing fee waived if he or she is unable to pay the fee by reason of indigency. Such person shall not, however, be required to pay the administrative assessment under RSA 655:19-c.
8 Nominations for Incompatible Offices. Amend RSA 659:91 to read as follows:
659:91 Nominations for Incompatible Offices. Any person who is nominated by the same political party for incompatible offices shall notify the secretary of state no later than the Monday following the date of the primary of which nomination he or she will accept. Thereupon the secretary of state shall declare a vacancy to exist in the nomination which such person declined. The vacancy shall be filled as provided in RSA 655:37 except that all the necessary declarations of candidacy, criminal history records release forms, and affidavits shall be filed no later than the second Friday following the date of the primary.
9 Effective Date. This act shall take effect 60 days after its passage.
LBAO
09-0016
12/10/08
HB 394-FN - FISCAL NOTE
AN ACT relative to disclosure by candidates of criminal convictions and professional license suspensions.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2009 through 2013.