SB523: prohibiting the use of government property for electioneering.

SB 523-FN - AS INTRODUCED

2004 SESSION

04-3251

03/10

SENATE BILL 523-FN

AN ACT prohibiting the use of government property for electioneering.

SPONSORS: Sen. Larsen, Dist 15; Sen. Foster, Dist 13; Sen. Estabrook, Dist 21; Sen. D'Allesandro, Dist 20; Sen. Cohen, Dist 24; Rep. Burling, Sull 19; Rep. Nordgren, Graf 17; Rep. D. Eaton, Ches 24

COMMITTEE: Internal Affairs

ANALYSIS

This bill prohibits the use of government property for electioneering.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04-3251 03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT prohibiting the use of government property for electioneering.

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

1 New Subdivision; Use of Government Property for Electioneering. Amend RSA 666 by inserting after section 14 the following new subdivision:

Use of Government Property for Electioneering

666:15 Use of Government Property for Electioneering. No person shall 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.

2 Effective Date. This act shall take effect January 1, 2005.

LBAO

04-3251

Revised 1/6/04

SB 523 FISCAL NOTE

AN ACT prohibiting the use of government property for electioneering.

FISCAL IMPACT:

The Judicial Branch, Judicial Council, Association of Counties, and Department of Justice state this bill will increase state and county expenditures by an indeterminable amount in FY 2005 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or local expenditures.

METHODOLOGY:

The Judicial Branch states this bill amends RSA 666 and prohibits the use of government property for electioneering. Violations of the chapter are class A or class B misdemeanors. A class A misdemeanor carries the potential of incarceration and, therefore, the potential for de novo appeals to the superior court for a jury trial. Both class A and B misdemeanors can also involve appeals to the supreme court. The Branch cannot predict how many prosecutions would be brought pursuant to the proposed statute, but historically there have been few prosecutions pursuant to RSA 666. The Branch assumes the fiscal impact will be minimal.

The Judicial Council assumes that any cases arising from the enactment of this bill for which the Indigent Defense Fund may be liable will, in the first instance, be handled by the public defender or contract attorneys who accept these cases on a fixed fee basis of $250 per misdemeanor charged. If an assigned Counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 for a misdemeanor will apply. If a motion to exceed the fee cap is approved and/or "services other than counsel" are approved, these will also be chargeable to the Indigent Defense Fund. The Council is unable to predict the number of cases that may result from the passage of this bill, and are unable to determine the exact fiscal impact at this time.

The Association of Counties states to the extent individuals are prosecuted, the county may incur the cost of pre-trial detainment at the county department of corrections, as well as the cost of sentenced inmates under the new law. The average annual cost for counties to incarcerate inmates is $21,633.55. The Association states the total exposure to the counties would be dependent on the number of individuals convicted and sentenced under the new law, which cannot be determined at this time.

The Department of Justice states they are unable to project the number of instances in which questions will be directed to the Department concerning the use of governmental property for electioneering. The Department states this bill will increase costs to the Department in both responding to questions and in litigation, but cannot determine the exact fiscal impact at this time.

The Department of State states this bill will have no fiscal impact on the Department.