HB 1682-FN - AS INTRODUCED
2016 SESSION
\t16-2522
\t03/09
HOUSE BILL\t1682-FN
AN ACT\trelative to electioneering by public servants and relative to warrant articles.
SPONSORS:\tRep. Hull, Graf. 9
COMMITTEE:\tElection Law
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ANALYSIS
\tThis bill adds public servants to the prohibition on electioneering while performing official duties or on government property. This bill also repeals provisions authorizing a governing body or budget committee to recommend an amended operating budget warrant article, establishing requirements for special warrant articles, and authorizing legislative bodies to require recorded votes.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2522
\t03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to electioneering by public servants and relative to warrant articles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Electioneering by Public Servants. Amend RSA 659:44-a to read as follows:
\t659:44-a Electioneering by Public Employees and Public Servants. No public employee, as defined in RSA 273-A:1, IX, or public servant, as defined in RSA 640:2, II(a), 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.
\t2 Warrant Articles. Amend RSA 40:13, VI to read as follows:
\t\tVI. All warrant articles shall be placed on the official ballot for a final vote, including warrant articles as amended by the first session. [All special warrant articles shall be accompanied on the ballot by recommendations as required by RSA 32:5, V, concerning any appropriation or appropriation as amended.] For any article that proposes the adoption or amendment of an ordinance, a topical description of the substance of the ordinance or amendment, which shall be neutral in its language, may be placed on the official ballot instead of the full text of the ordinance or amendment, subject to the provisions of paragraphs VII-a and VIII-a. With respect to the adoption or amendment of a zoning ordinance, historic district ordinance, or building code, the provisions of RSA 675:3 shall govern to the extent they are inconsistent with anything contained in this paragraph or in paragraph VII-a or VIII-a.
\t3 Repeal. The following are repealed:
\t\tI. RSA 32:5, V, relative to purpose of appropriations in special warrant articles.
\t\tII. RSA 32:5, V-a, relative to record votes.
\t\tIII. RSA 32:5, VII(c), relative to amended operating budget warrant articles.
\t\tIV. RSA 40:13, V-a, relative to recorded votes.
\t4 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2522
\t\t\t\t\t\t\t\t\t\t\t12/23/15
HB 1682-FN- FISCAL NOTE
AN ACT\trelative to electioneering by public servants and relative to warrant articles.
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 expands the class of individuals who are prohibited from electioneering while functioning in their official duties. This bill contains an unspecified misdemeanor, which 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 or not brought forward 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 A Misdemeanor | $70 | $74 |
Class B Misdemeanor | $50 | $53 |
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 Department does not have an investigator or a full-time attorney assigned to election enforcement which would limit its ability to enforce the provisions in this bill. It is difficult to estimate how many cases would be generated by this bill or the associated fiscal impact on the Department. The Department states it would need the following staffing resources to enforce election law, both related to and unrelated to the requirements of this bill:
| FY 2017 | FY 2018 | FY 2019 | FY 2020 |
Investigator | $99,000 | $101,000 | $106,000 | $112,000 |
Attorney (80%) | $86,000 | $86,000 | $87,000 | $89,000 |
Secretary (20%) | $1,300 | $12,000 | $13,000 | $14,000 |
Total | $186,300 | $199,000 | $206,000 | $215,000 |
The Judicial Council and Department of State state this bill will have no fiscal impact on their operations.
This bill does not contain an appropriation or authorization for new positions.