Revision: Dec. 10, 2009, midnight
HB 1579-FN – AS INTRODUCED
2010 SESSION
03/04
HOUSE BILL 1579-FN
AN ACT relative to electioneering by public employees.
COMMITTEE: Executive Departments and Administration
This bill modifies the applicability of the prohibition against electioneering by public employees.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to electioneering by public employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Electioneering by Public Employees. Amend RSA 659:44-a to read as follows:
659:44-a Electioneering by Public Employees.
I. 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. Any person who violates this section shall be guilty of a misdemeanor.
II. In this section “public employee” means any person employed by a public employer. “Public employer” means the state of New Hampshire and any political subdivision thereof; any state or municipal council, commission, board, agency, or authority; the judicial branch of the state of New Hampshire; any quasi-public corporation having affiliation with the state of New Hampshire or any political subdivision thereof; the university system of New Hampshire; and the community college system of New Hampshire.
2 Effective Date. This act shall take effect January 1, 2011.
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HB 1579-FN - FISCAL NOTE
AN ACT relative to electioneering by public employees.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties and state this bill may increase state and county expenditures by an indeterminable amount in FY 2011 and each year thereafter. The New Hampshire Municipal Association states this bill may have an indeterminable fiscal impact on local expenditures. There will be no fiscal impact on state, county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill will amend RSA 659:444-a to change the definition of “public employee” for purposes of the statute to make it an unspecified misdemeanor for a public employee to electioneer at work or to use government property for electioneering. Misdemeanor charges can be either a class A or class B with the presumption they will be class B in accordance with RSA 625:9,IV. However, the Branch has no information to estimate how many new misdemeanors would be brought as a result of this bill or if they would be a class A or class B misdemeanors. The Branch states the cost of a class A misdemeanor case is $51.14 and the cost of a class B misdemeanor case is $36.89 in FY 2011 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000. The Branch states for the period of 1999 through June 30, 2008, no charges were filed in any court for a violation of RSA 659:44-a, so the Branch does not anticipate this bill having a fiscal impact that exceeds $10,000.
The Judicial Council states to the extent an unspecified misdemeanor results in a misdemeanor offense where the right to counsel exists this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would
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increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,342 a year.
The New Hampshire Municipal Association states it is not able to determine the fiscal impact of this bill on local expenditures. The Association states it does not appear this bill will result in any immediate increases or decreases in local expenditures.