Senate Election Law and Municipal Affairs Committee
Jessica Bourque 271-2104
SB 43, removing articles of clothing from the definition of electioneering.
Hearing Date: January 14, 2025
Time Opened: 10:22 a.m. Time Closed: 10:37 a.m.
Members of the Committee Present: Senators Gray, Lang, Rochefort, Perkins Kwoka and Long
Bill Analysis: This bill removes articles of clothing from the definition of electioneering.
Sponsors:
Sen. Lang |
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Who supports the bill: Senator Tim Lang
Who opposes the bill: Rep. Timothy Horrigan, Ken Barnes, Linda Callaway
Who is neutral on the bill: Erin Hennessey
Summary of testimony presented in support:
Senator Tim Lang, Prime Sponsor
- This bill seeks to clarify an issue around electioneering that prohibits certain attire in polling areas.
- In 2018 the U.S. Supreme Court ruled that a Minnesota law forbidding political apparel in polling locations violated free speech, noting that there should be discretion used if someone is in the “act of voting”.
- This bill strikes “or article of clothing” from the statute to allow someone who goes into a polling place and is in the “act of voting” to be allowed to wear certain items of clothing and not subject to this law.
- After speaking with the Attorney General, there will need to be an amendment to address other portions of existing statutes.
Summary of testimony presented in opposition:
Rep. Timothy Horrigan, Durham
- Understands the free speech issues.
- Polling place is not a place for campaigning.
- It is hard to tell what clothing is electioneering and what is not.
- Believes we should leave the law the way it is.
Senator Gray said that it is his understanding that wearing something into a polling location that might have the name of a candidate but doesn’t say “vote for” or “elect” or anything along those lines is ok to wear under current law.
Ken Barnes, Contoocook
- Believes that we should leave the statute as it is now.
- Moderators can use their discretion under the current law.
- Statute only talks about election clothing prohibited within the "no election" corridor outside the polls.
Linda Callaway, New Durham Moderator
- Electioneering is about influence inside or outside of polls.
- Voters should be able to vote without the undue influence of others.
- Considers voting a civic duty and not a partisan activity.
- Electioneering is corrosive to the polling place.
Summary of Neutral Testimony Presented:
Erin Hennessey, N.H. Deputy Secretary of State
- As written, this bill would only prohibit folks handing out election paraphernalia outside a polling location from distributing clothing. Other items will still be permitted.
- Discussed with Senator Lang that perhaps another way to go would be to change the definition in RSA 652:16-h. But cautioned that if you change the definition of electioneering then you need to change other areas of the law as well.
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Date Hearing Report completed: January 16, 2025