Revision: April 9, 2025, 12:06 p.m.
Rep. Berry, Hills. 44
April 9, 2025
2025-1559h
08/09
Floor Amendment to HB 2-FN-A-LOCAL
Amend the bill by inserting after section 463 the following and renumbering the original sections 464 to read as 468, respectively:
464 Elections; Checklist; Annual Verification. Amend RSA 654:39 to read as follows:
654:39 Annual Verification [Every 10 Years].
I. In addition to any verification carried out under the provisions of RSA 654:38, the supervisors shall verify the checklist in [1981] 2026 and [once every 10 years] annually thereafter.
II. Between April 1 and August 1 of [1981] 2026 and annually thereafter [in each year ending with a one], the supervisors shall post notice of their sessions in 2 appropriate places one of which shall be the town or city's Internet website, if such exists, and published at least twice in a newspaper of general circulation and hold sufficient sessions for verification of the checklist as in their opinion will enable all eligible voters in said town or ward to appear before them and register or reregister as the case may be. Whenever a person is reregistered, his or her party designation, if any, on the checklist undergoing revision shall not be changed except as provided in RSA 654:34.
III. Beginning June 1 of such year, the supervisors shall review the checklist and shall strike therefrom the names of all persons who have not registered or reregistered under paragraphs I and IV; provided, that there shall not be stricken from said checklist the name of any person duly qualified to vote unless such person, not less than 30 days prior to such action, shall have been sent notice by the supervisors at his last known address of his failure to reregister stating the procedure to be followed in order to reregister and have his name retained on said checklist nor unless such person shall have been given a reasonable opportunity to follow said procedure.
IV. For the purpose of this section, a person shall be deemed reregistered and need not appear before the supervisors if:
(a) The person voted in any election within the [4] 5 years immediately preceding [a 10-year] an annual verification; or
(b) The person has been added to the checklist since the last state general election.
V. Upon completion of verification of the checklist, but in no event later than September 1, the supervisors shall file with the secretary of state the following certificate: We, the supervisors of the checklist (or registrars of voters) of the town (or ward __________) of __________ , do hereby certify that we have verified the checklist of registered voters in the town (or ward __________ of the city) of __________ , pursuant to the provisions of RSA 654:39.
VI. In verifying the checklist in accordance with this section, the provisions of RSA 654:38, IV and V shall apply.
465 Effective Date. Section 464 of this act shall take effect January 1, 2026.
466 Electioneering by Public Employees. RSA 659:44-a is repealed and reenacted to read as follows:
659:44-a Electioneering by Public Employees.
I. No public employee shall electioneer while in the performance of his or her official duties. For purposes of this section, "public employee" shall have the same meaning as in RSA 273-A:1, IX; except that, notwithstanding RSA 273-A:1, IX(b), a person appointed to office by the chief executive or legislative body of the public employer shall be included in the definition of public employee.
II. No public employee shall use any government property or equipment, including, but not limited to, telephones, facsimile machines, vehicles, and computers, for electioneering.
III. For the purposes of this section, "electioneer" means to act in any way designed or having the effect of influencing the vote of a voter on any question or office, including but not limited to:
(a) Distributing or displaying campaign materials for a campaign during an officially declared election period in an unbiased manner.
(b) Making public statements in favor of or against any candidate, political party, or measure.
(c) Organizing or conducting surveys, forums, or events that are expressly or primarily political.
(d) Using official authority or influence to interfere with or affect the vote of a voter.
IV. Nothing in this section shall prohibit:
(a) Lawful participation by candidates, political parties, or private groups in public parades, fairs, festivals, or similar events, including the display of campaign materials or the solicitation of voter support, provided such participation is conducted in accordance with applicable laws and regulations and does not intentionally favor one candidate, party, or measure over another.
(b) The use of public spaces or facilities by private individuals, groups, or organizations for lawful political activities, provided such use is not facilitated or promoted by public employees beyond standard administrative support necessary for access and use of the space and follows any relevant ordinance or law where applicable.
(c) Public employees engaging in strictly neutral voter registration drives or activities limited to general election awareness, such as announcing election dates or polling locations, without any reference to or discussion of candidates, parties, or measures, and provided such activities are authorized by law.
(d) Public employees providing factual information derived directly from official filing forms or other legally required public documents regarding candidates who have officially filed for office, provided such information is presented in an impartial and neutral manner without additional commentary, analysis, or inference.
(e) Public universities, colleges, or institutions of higher education conducting public opinion polls or surveys.
V. Any person who violates this section shall be guilty of a misdemeanor.
467 Effective Date. Section 466 of this act shall take effect upon its passage.
2025-1559h
AMENDED ANALYSIS
ADD:
1. Provides for the annual verification of voter rolls.
2. Defines electioneering in relation to public employees.