New Hampshire HB 340: relative to electioneering by public employees.

Bill Text

HB 340-FN - AS AMENDED BY THE SENATE

6Feb2025... 0029h

6Feb2025... 0274h

01/07/2026 3053s

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

─────────────────────────────────────────────────────────────────

ANALYSIS

 This bill defines electioneering in relation to public employees

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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. RSA 659:44-a is repealed and reenacted to read as follows: 

 659:44-a Electioneering by Public Employees.

 I. No public employee shall electioneer while in the performance of his or her official duties. For purposes of this section, "public employee" shall have the same meaning as in RSA 273-A:1, IX; except that, notwithstanding RSA 273-A:1, IX(b), a person appointed to office by the chief executive or legislative body of the public employer shall also be included in the definition of public employee.

 II. No public employee shall use any government property or equipment, including, but not limited to, telephones, facsimile machines, vehicles, and computers, for electioneering.

 III. For the purposes of this section, "electioneer" means to visibly display or audibly disseminate information by a public employee while in the performance of his or her official duties that a reasonable person would believe expressly advocates for or against a candidate, political party or warrant article by: 

 (a) Distributing or posting a card, handbill, poster, placard, picture, pin, sticker, circular, or any other form of communication that expressly advocates for or against any candidate, political party, or warrant article during an officially declared election period.

 (b) Making public statements in favor of or against any candidate, political party, or warrant article. This does not include acts or statements which are part of the public employee's official duties, including but not limited to a department head commenting on his or her department's budget, describing the effect of a warrant article on his or her department or the town or city clerk preparing a voter guide.

 (c) Organizing or conducting surveys, questionnaires, forums, or events that expressly advocate for or against any candidate, political party, or warrant article.

 (d) Using official authority or influence to interfere with or affect the vote of a voter.

 IV. Nothing in this section shall prohibit: 

 (a) Lawful participation by candidates, political parties, or private groups in public parades, fairs, festivals, or similar events, including the display of campaign materials or the solicitation of voter support, provided such participation is conducted in accordance with applicable laws and regulations and does not intentionally favor one candidate, party, or warrant article over another.

 (b) The use of public spaces or facilities by private individuals, groups, or organizations for lawful political activities, provided such use is not facilitated or promoted by public employees beyond standard administrative support necessary for access and use of the space and follows any relevant ordinance or law where applicable.

 (c) Public employees engaging in strictly neutral voter registration drives or activities limited to general election awareness, such as announcing election dates or polling locations, without any reference to or discussion of candidates, parties, or warrant articles, and provided such activities are authorized by law.

 (d) Public employees providing information derived directly from official filing forms or other legally required public documents regarding candidates who have officially filed for office, provided such information is presented in an impartial and neutral manner without additional commentary, analysis, or inference.

 (e) Public universities, colleges, or institutions of higher education conducting public opinion polls or surveys.

 (f) Public employees who are appointed to office by the chief executive or legislative body of the public employer from providing information and recommendations concerning items over which they have authority including but not limited to providing information, r