CHAPTER 172

HB 605-FN - FINAL VERSION

25mar03... 0732h

05/22/03 1639s

2003 SESSION

03-1010

03/09

HOUSE BILL 605-FN

AN ACT relative to prohibited election day activity and relative to electioneering by public employees.

SPONSORS: Rep. Buckley, Hills 56

COMMITTEE: Election Law

AMENDED ANALYSIS

This bill prohibits blocking the access of any candidate or committee to communications equipment or services on election day. This bill also prohibits public employees from electioneering while in the performance of their official duties or using government property for electioneering.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0732h

05/22/03 1639s

03-1010

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to prohibited election day activity and relative to electioneering by public employees.

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

172:1 New Section; Election Procedure; Prohibited Acts; Interference With Communications. Amend RSA 659 by inserting after section 40 the following new section:

659:40-a Interference With Communications. Any person who, on the day of any election, knowingly blocks, or solicits another person to block, the access of any candidate or committee to the candidate's or the committee's communications equipment or services with the intent of interfering with campaign activity shall be guilty of a class A misdemeanor.

172:2 New Section; Electioneering by Public Employees. Amend RSA 659 by inserting after section 44 the following new section:

659:44-a Electioneering by Public Employees. No public employee, as defined in RSA 273-A:1, IX, shall electioneer while in the performance of his or her official duties or use government property, including, but not limited to, telephones, facsimile machines, vehicles, and computers, for electioneering. 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. Any person who violates this section shall be guilty of a misdemeanor.

172:3 Effective Date. This act shall take effect upon its passage.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of Governor, June 18, 2003)

(Effective Date: June 18, 2003)