Revision: Dec. 18, 2015, midnight
\t \t\tHB 1624-FN AS INTRODUCED
2016 SESSION
\t16-2656
\t03/09
HOUSE BILL\t1624-FN
AN ACT\trelative to electioneering by public employees.
SPONSORS:\tRep. Gray, Straf. 8
COMMITTEE:\tElection Law
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ANALYSIS
\tThis bill modifies the applicability of the prohibition on electioneering by public employees.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2656
\t03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to electioneering by public employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Electioneering by Public Employees. Amend RSA 659:44-a to read as follows:
\t659:44-a Electioneering by Public Employees.
\t\tI. No public employee, as defined in RSA 273-A:1, IX, shall electioneer while in the performance of his or her official duties.
\t\tII. No person shall [or] use government [property] equipment, including, but not limited to, telephones, facsimile machines, vehicles, and computers, for electioneering.
\t\tIII. 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.
\t\tIV. Any person who violates this section shall be guilty of a misdemeanor.
\t2 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2656
\t\t\t\t\t\t\t\t\t\t\t12/16/15
HB 1624-FN- FISCAL NOTE
AN ACT\trelative to electioneering by public employees.
FISCAL IMPACT:
The Judicial Branch and Department of Justice state this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Judicial Branch states this bill prohibits any person from using government equipment for electioneering; a violation being an unspecified misdemeanor. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. There is no method to determine how many charges would be brought as a result of this bill to determine the fiscal impact on expenditures. The table below provides the potential costs associated with the penalties included in this bill:
| FY 2017 | FY 2018 |
Judicial Branch* |
|
|
Class B Misdemeanor | $50 | $53 |
Class A Misdemeanor | $70 | $74 |
Appeals | Varies | Varies |
*It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
The Department of Justice states the fiscal impact of this bill is indeterminable as it is unable to estimate how many complaints, investigations and prosecutions would result from this bill. This bill expands the class of individuals who are prohibited from using government equipment for electioneering, from public employees to all persons, which may increase the number of cases. The Department completed two electioneering investigations in 2013 and eight in 2014; none of the investigations led to prosecutions.
The Judicial Council and Department of State state this bill will have no fiscal impact on their operations.