Revision: Jan. 8, 2020, 1:39 p.m.
SB 45 - AS AMENDED BY THE HOUSE
8Jan2020... 2723h
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Jan2020... 2723h 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-g the following new section:
652:16-h 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 or paraphernalia that displays 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, provided that a person eligible to vote or register to vote in the voting district who is unable to remove or cover clothing that explicitly advocates for or against any candidate, political party, or measure, may wear such clothing in the polling place while actively engaged in the process of registering to vote or while actively engaged in the process of voting.
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 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 and shall abide by any regulations or ordinances approved by the municipality's governing body pursuant to RSA 31:41-c or RSA 47:17, XIV-a.
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 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 Paragraph; Abandoned Vehicles; Reasons for Removal and Impoundment; Election Day. Amend RSA 262:32 by inserting after paragraph VII the following new paragraph:
VIII. A vehicle is parked or has been left unattended on election day for longer than 3 hours in an area designated for voters who are temporarily present for the purpose of voting.
5 Effective Date. This act shall take effect January 1, 2020.