HB 340-FN - VERSION ADOPTED BY BOTH BODIES
6Feb2025... 0029h
6Feb2025... 0274h
01/07/2026 3053s
4Jun2026... 2102CofC
2025 SESSION
25-0651
08/06
HOUSE BILL 340-FN
AN ACT relative to electioneering by public employees.
SPONSORS: Rep. Berry, Hills. 44; Rep. Alexander Jr., Hills. 29; Rep. Corcoran, Hills. 28; Rep. Mazur, Hills. 44; Rep. Seidel, Hills. 29; Sen. Murphy, Dist 16
COMMITTEE: Election Law
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ANALYSIS
This bill defines electioneering in relation to public employees
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Feb2025... 0029h
6Feb2025... 0274h
01/07/2026 3053s
4Jun2026... 2102CofC 25-0651
08/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to electioneering by public employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Electioneering by Public Employees; Penalties. Amend RSA 659:44-a, III to read as follows:
III. 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] is defined according to RSA 652:16-h.
2 Electioneering by Public Employees. Amend RSA 659:44-a, IV to read as follows:
IV.(a) Any person who violates this section shall be guilty of a misdemeanor.
(b) Any person who violates this provision and is not subject to the penalties imposed under subparagraph IV(a) shall be subject to a civil penalty not to exceed $1,000.
3 New Paragraph; Electioneering by Public Employees. Amend RSA 652:16-h by inserting after paragraph II the following new paragraph:
III. Organizing or conducting surveys that are expressly or primarily political, meaning that they have a format, questions, or other characteristics that clearly indicate a preference for one or more candidates or political parties in an election or one or more policies that are reasonably anticipated to be on the ballot or otherwise at issue in an election. This paragraph shall also apply to any person identified in RSA 273-A:1, IX(b), (c), or (d).
4 Effective Date. This act shall take effect January 1, 2026.
25-0651
1/13/26
HB 340-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2025-3053s)
AN ACT relative to electioneering by public employees.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Amendment |
|---|---|
| Jan. 29, 2025 | 2025-0029h |
| Feb. 5, 2025 | 2025-0274h |
| Oct. 30, 2025 | 2025-3053s |
| Dec. 22, 2025 | 2025-3110s |
| May 28, 2026 | 2026-2102CofC |
| Date | Body | Type |
|---|---|---|
| Jan. 21, 2025 | House | Hearing |
| Jan. 21, 2025 | House | Exec Session |
| Jan. 21, 2025 | House | Floor Vote |
| April 15, 2025 | Senate | Hearing |
| Jan. 7, 2026 | Senate | Floor Vote |
| June 4, 2026 | Senate | Floor Vote |
| June 4, 2026 | Senate | Floor Vote |
| June 4, 2026 | House | Floor Vote |
June 29, 2026: Enrolled Adopted, VV, (In recess 06/04/2026); SJ 15
June 4, 2026: Conference Committee Report 2026-2102c: Adopted, DV 182-160 06/04/2026 HJ 15
June 4, 2026: Conference Committee Report # 2026-2102c, Adopted, VV; 06/04/2026; SJ 14
May 28, 2026: Conference Committee Report Filed, # 2026-2102c; 06/04/2026
May 28, 2026: Conferee Change; Senator Rochefort Replaces Senator Perkins Kwoka; SJ 14
May 27, 2026: Conference Committee Meeting: 05/27/2026 09:30 am GP 228
May 21, 2026: President Appoints: Senators Gray, Lang, Perkins Kwoka; (In Recess 05/14/2026); SJ 13
May 21, 2026: Sen. Gray Accedes to House Request for Committee of Conference, MA, VV; (In recess 05/14/2026); SJ 13
May 5, 2026: Speaker Appoints: Reps. Berry, Qualey, Wood, See 04/23/2026 HJ 11
May 5, 2026: House Non-Concurs with Senate Amendment 2026-3053s and Requests CofC (Rep. Berry): MA VV 04/23/2026 HJ 11
Jan. 7, 2026: Ought to Pass with Amendment #2025-3053s, MA, VV; OT3rdg; 01/07/2026; SJ 1
Jan. 7, 2026: Sen. Perkins Kwoka Floor Amendment # 2025-3110s, AF, VV; 01/07/2026; SJ 1
Jan. 7, 2026: Committee Amendment # 2025-3053s, AA, VV; 01/07/2026; SJ 1
Nov. 3, 2025: Committee Report: Ought to Pass with Amendment # 2025-3053s, 01/07/2026, Vote 3-2; SC 46
May 15, 2025: Rereferred to Committee, MA, VV; 05/15/2025; SJ 13
May 8, 2025: Committee Report: Rereferred to Committee, 05/15/2025; Vote 5-0; CC; SC 21
April 9, 2025: Hearing: 04/15/2025, Room 103, LOB, 09:30 am; SC 17
March 12, 2025: Introduced 03/06/2025 and Referred to Election Law and Municipal Affairs; SJ 7
Feb. 6, 2025: Ought to Pass with Amendment 2025-0029h 2025-0274h: MA VV 02/06/2025 HJ 4 P. 17
Feb. 6, 2025: FLAM # 2025-0274h (Rep. Berry): AA VV 02/06/2025 HJ 4 P. 16
Feb. 6, 2025: Amendment # 2025-0029h: AA VV 02/06/2025 HJ 4 P. 16
Jan. 30, 2025: Minority Committee Report: Inexpedient to Legislate
Jan. 30, 2025: Majority Committee Report: Ought to Pass with Amendment # 2025-0029h 01/21/2025 (Vote 10-8; RC) HC 10 P. 8
Jan. 9, 2025: Executive Session: 01/21/2025 11:45 am LOB 306-308
Jan. 9, 2025: Public Hearing: 01/21/2025 11:00 am LOB 306-308
Jan. 8, 2025: Introduced 01/08/2025 and referred to Election Law HJ 2 P. 15