Senate narrows electioneering rule to allow attire while "in the act of voting"; critics warn of intimidation risks

The New Hampshire Senate on second reading adopted an amendment and advanced Senate Bill 43, which narrows the state's electioneering definition to permit articles of clothing while a voter is "in the act of voting." The bill, as amended, was ordered to third reading.

Senator Lang, speaking for the committee, said the change was intended to align New Hampshire practice with the U.S. Supreme Court's 2018 decision in Minnesota Voters Alliance v. Mansky and to avoid confrontations in polling places. Lang said the bill would permit "voters who are in the act of voting [to] not be subject to the current electioneering laws and would be permitted to wear the attire while in the act of voting."

Senator Altschuler opposed the bill as drafted and argued it did not provide the clearer, enforceable standards the Supreme Court said states could adopt. Altschuler warned that removing clothing from the electioneering definition could allow coordinated or intimidating displays inside polling locations, calling SB 43 "a clumsy invitation to voter intimidation" and urging the body to overturn the committee's "ought to pass" recommendation so another motion could be made.

Senator Lang replied that the original language had been problematic and that he had worked with the Secretary of State's office to craft a workable amendment intended to avoid confrontations such as the incident in Durham where a moderator confronted a voter over a shirt.

After floor debate the Senate adopted the amendment and ordered the bill to third reading.