Charisse Henricksen

HB 314 prohibits local officials acting in their official capacity from any form of speech related to legislation or politics. The second paragraph broadly prohibits any public funds from being used to “to lobby, attempt to influence legislation, participate in political activity, or contribute funds to any entity for the purpose of engaging in the same.” Because this language goes well beyond prohibiting “lobbying” as defined in RSA chapter 15, the bill would prevent any local official, whether a paid employee or an elected official receiving a stipend, from any form of advocacy or speech on legislation on behalf of a city or town. Of course, that ban would also apply to organizations like NHMA and many, many more: HB 314 affects every organization of municipal officials, such as building officials, assessing officials, firefighters, public works, or the police chiefs; every state agency and department; and every nonprofit organization that receives state or local funds. This is why the coalition against this bill includes the NH Center for Nonprofits and the NH Charitable Fund. If the ban itself isn’t enough, the bill makes the prohibited speech a Class A misdemeanor, establishes personal liability “equal to 3 times the amount wrongfully paid or expended,” and makes a “knowing violation grounds for discharged of an employee." WE ARE NOT A POLICE STATE!