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Panel approves tighter limits on electioneering by public employees after heated debate

2135161 · January 21, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The House Election Law Committee approved HB 340 as amended, a bill that adds examples and expands the prohibition on electioneering by public employees; the committee vote was 10-8 after an amendment carried 15-2.

The House Election Law Committee voted 10-8 to recommend HB 340 as amended, a bill that expands the statutory prohibition on electioneering by public employees and adds illustrative examples of prohibited conduct.

Representative Lisa Mazer introduced the bill, saying public employees paid with tax dollars should remain neutral in elections. "This bill is important so that public employees who we pay with our tax dollars remain neutral during state and local elections and serve all citizens regardless of political affiliation," Mazer said during the hearing.

Supporters pointed to specific local incidents: Mazer described a municipal library that circulated a questionnaire she characterized as politically biased; a former school board member from Nashua, Doris Hohensey, testified about union email distribution using district networks and urged stronger deterrents; and David Nelson, Derry town moderator, asked the committee for clarity so employees who operate community access video and IT systems would not be chilled from providing routine logistical support for candidate forums.

Opponents — including the New Hampshire Municipal Association and the NEA New Hampshire — argued the draft language was overly broad and could chill constitutionally protected speech or unintentionally restrict neutral university polling and other legitimate public functions. Sarah Burk Cohen, legislative advocate for NHMA, said the proposal was vague and could create a "chilling effect" on public employees who are unsure what speech is prohibited. Brian Hawkins of NEA New Hampshire told the committee the expansion "vastly expands the electioneering statute" and raised enforcement and due-process concerns.

The committee considered an amendment (2025-029H) that corrected numbering and broadened the statute’s language to cover "directors and appointed positions" and to replace narrower phrasing with a standard referring to speech "designed or having the effect of influencing" a voter’s choice. The amendment passed on the committee floor by a recorded vote of 15-2.

After debate the committee voted 10-8 to recommend the bill "ought to pass as amended." Dissenting members said the language remains vague and could unintentionally capture neutral activities such as university-conducted public-opinion surveys and community access television coverage; supporters said the broader wording was needed to address repeated local examples of public employees using government resources to influence elections.

Representative Ross Berry, the committee chair, said the amendment and final bill aim to preserve ordinary public access to public spaces while preventing employees from using taxpayer-funded time or equipment to influence electoral outcomes. The committee record indicates the sponsors plan additional work on enforcement and standing in related bills.

Votes at a glance: Amendment 2025-029H — adoption: 15 yes, 2 no. HB 340 as amended — Motion: "Ought to pass as amended." Committee vote: yes 10, no 8.