Dear Citizens,
Preliminary investigation shows HB 154, signed by the governor on March 6, was part of an agreement among R and D leadership and the Secretary of State. The two bills linked below appear to be part of that deal and have passed the house (without going through the Finance Committee). Still asking the “why” question on that one. HB 463-FN will be heard in the Senate Election Law and Municipal Affairs Committee on March 12.
HB 447-FN incentivizes computer counting to counteract town meeting warrants in 24 towns to return to hand counting and to show the NH Supreme Court in the Richard v. Sununu case that it is local communities that have pushed for use of computerized counting and election administration, this is not required by the state.
His March 6 filing here:
The state implies that communities and we voters are choosing to violate our constitution and have voluntarily given up our voting rights and right to self-government. State actors believe they bear no responsibility for not telling us we were violating Pt. 2, art. 32 and neglected to tell taxpayers that WE would be financially and legally responsible for cybersecurity protection and any lawsuits voters choose to file against communities for not protecting our constitutional rights.
As the state argued in a 2018 case that it lost,
“New Hampshire’s elections are a decentralized operation and are managed locally by each town and city ward. Although the Secretary of State is the chief election officer in the state pursuant to RSA 652:23, the local clerks and moderators are responsible for overseeing the operations of elections in their towns or city wards. See RSA 659:9; RSA 652:14-a; RSA 659:9- a; RSA 657:23. Moderators and clerks hold elected offices and are accountable to the voters of their towns and wards, and are not employees of the Department of State. RSA 41:16-b; RSA 40:1.”
“… voters have various recourses to hold moderators accountable whom they believed violated their constitutional rights: they may seek redress against the town or individual moderator for any constitutional violations under 42 U.S.C. § 1983 or vote them out of office. RSA 40:1.”
HB 463-FN – Please come in person to testify in opposition to HB 463-FN, or show your opposition to this bill by having a presence in the room!
When: March 12th at 9:40 am
Where: Senate – Election Law and Municipal Affairs – Room 103, LOB
https://www.gencourt.state.nh.us/bill_status/billinfo.aspx?id=489&inflect=2
HB 447-FN hasn’t been scheduled yet.
https://www.gencourt.state.nh.us/bill_status/billinfo.aspx?id=386&inflect=2
I have opposed both bills and have asked for what I want, a truth and reconciliation and restorative justice process. If that is what YOU want, I encourage you to let the senators and other people know. If a million of us ask for it, we may get it!
