Revision: Jan. 17, 2019, 3:06 p.m.
SB 45 - AS INTRODUCED
2019 SESSION
19-0872
11/04
SENATE BILL 45
AN ACT relative to electioneering at polling places.
SPONSORS: Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Sen. Gray, Dist 6
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill defines electioneering and clarifies restrictions on electioneering at the polling place. This bill also grants authority to the moderator to impose restrictions on parking and travel at the polling place when necessary to maintain safety of pedestrians and vehicle travel and to ensure parking is available for voters.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0872
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to electioneering at polling places.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Elections; General Provisions; Terms and Definitions. Amend RSA 652 by inserting after section 16-d the following new section:
652:16-e Electioneering. Electioneering means visibly displaying or audibly disseminating information that a reasonable person would believe explicitly advocates for or against any candidate, political party, or measure being voted. Electioneering includes, but is not limited to:
I. Wearing clothing that displays, or otherwise displaying a candidate's name, likeness, or logo, a ballot measure's number, title, subject, or logo, a political party's name or logo, or any communication that a reasonable person would believe explicitly advocates for or against any candidate, political party, or measure.
II. Distributing or posting a card, handbill, poster, placard, picture, pin, sticker, circular, or any other form of communication that a reasonable person would believe explicitly advocates for or against any candidate, political party, or measure.
2 Election Procedure; Prohibited Acts; Electioneering at the Polling Place. Amend RSA 659:43 to read as follows:
659:43 [Distributing Campaign Materials at Polling Place] Electioneering at the Polling Place.
[I. No person shall distribute, wear, or post at a polling place any campaign material in the form of a poster, card, handbill, placard, picture, pin, sticker, circular, or article of clothing which is intended to influence the action of the voter within the building where the election is being held.
II. No person who is a candidate for office or who is representing or working for a candidate 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 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.]
I. Electioneering shall be prohibited within the polling place building, provided that nothing in this section shall apply to the posting of sample ballots by election officials, pursuant to RSA 658:26, which have not been marked as voting for any candidate or measure.
II. The moderator shall establish one or more no-electioneering corridors, no less than 10 feet wide, that extend from all entrances of the polling place building a reasonable distance along the sidewalks or to the parking lots that serve the polling place. The moderator shall establish the corridor in a manner that permits a voter arriving or leaving the polling place to enter or exit without interruption or interference from individuals outside the corridor, and that permits a voter to step to the edge of the corridor and speak with those electioneering if he or she chooses.
III. The moderator shall designate a preferred area for electioneering, which to the extent practical shall be within sight and conversation-level sound of the primary entrance to the polling place.
IV. Electioneering may occur outside the no-electioneering corridor and outside the designated preferred electioneering area.
V. Electioneering signs shall not be affixed to the polling place building or grounds.
VI. Electioneering signs shall not be left unattended.
VII. The distribution or posting of electioneering communications, including but not limited to posters, cards, handbills, placards, pictures, pins, stickers, circulars, or articles of clothing, is prohibited within any no-electioneering corridor established outside the polling place building by the moderator.
[III.] VIII. Whoever violates any of the provisions of this section shall be guilty of a violation.
[IV.] IX.(a) Whoever violates any of the provisions of this section shall be subject to a civil penalty not to exceed $1,000.
(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 659:43 a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund.
(c) The attorney general shall have authority to notify suspected violators of this section of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund.
3 Election Procedure; Prohibited Acts; Electioneering by Election Officers. Amend the section heading in RSA 659:44 to read as follows:
659:44 Electioneering [at the Polling Place] by Election Officers.
4 New Section; Election Procedure; Prohibited Acts; Parking and Travel at the Polling Place. Amend RSA 659 by inserting after section 44-a the following new section:
659:44-b Parking and Travel at the Polling Place.
I. On election day the moderator or chief law enforcement officer may, when necessary to maintain the safety of pedestrians and vehicle travel or to ensure parking is available to voters, regulate the travel and parking services in the parking lot used for the polling place. Notice of any regulation imposed shall be provided by signs at the entrance to the parking lot, the entrance to the building, and elsewhere as needed to ensure effective notice to all visiting the polling place. Regulations implemented pursuant to this section may include:
(a) Prohibiting electioneering on the travel and parking surfaces.
(b) Restricting parking times, provided the time limit allows adequate time for voting.
(c) Restricting parking in designated areas to voters who are temporarily present just for the purpose of voting. Parking areas situated away from the time limited parking for voters may be designated for election officials, people electioneering, and others who are making a prolonged visit to the polling place.
II. Vehicles shall not be parked in the polling place parking lot which bear electioneering signs attached in a manner that would make the vehicle unsafe or unlawful for operation on a public way. The vehicle, with signs attached, shall satisfy all motor vehicle laws and ordinances which regulate the operation of vehicles on a public way.
III. Whoever violates any of the provisions of this section shall be guilty of a violation.
IV.(a) Whoever violates any of the provisions of this section shall be subject to a civil penalty not to exceed $1,000.
(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of this section a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund.
(c) The attorney general shall have authority to notify suspected violators of this section of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund.
5 Effective Date. This act shall take effect January 1, 2020.