HB 87 - AS AMENDED BY THE HOUSE

6Jan2022... 2246h

2021 SESSION

21-0200

11/05

HOUSE BILL 87

AN ACT relative to the definition of electioneering.

SPONSORS: Rep. Potucek, Rock. 6; Rep. Binford, Graf. 15; Rep. Hough, Belk. 3; Rep. Layon, Rock. 6; Rep. Bershtein, Rock. 2; Rep. Baldasaro, Rock. 5; Rep. Ankarberg, Straf. 10

COMMITTEE: Election Law

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AMENDED ANALYSIS

This bill amends the definition of "electioneering" by prohibiting only certain election officials from wearing clothing or paraphernalia that a reasonable person would believe explicitly advocates for or against any candidate, political party, or measure being voted.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Jan2022... 2246h 21-0200

11/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty One

AN ACT relative to the definition of electioneering.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Electioneering; Definition. Amend RSA 652:16-h to read as follows:

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.

I. 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.

II. For the following officials, electioneering shall also include 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:

(a) Election officers, as defined by RSA 652:14.

(b) Ballot clerks, as defined by RSA 658:25.

(d) Challengers appointed pursuant to RSA 666:4 or RSA 666:5.

2 Electioneering at the Polling Place. Amend RSA 659:43, VII to read as follows:

VII. The distribution or posting of electioneering communications, including but not limited to posters, cards, handbills, placards, pictures, pins, stickers, or circulars, [or articles of clothing,] is prohibited within any no-electioneering corridor established outside the polling place by the moderator.

3 Effective Date. This act shall take effect 60 days after its passage.