As we head into 2022, state lawmakers will be considering proposals for new laws and constitutional amendments that cover everything from legalizing marijuana to fresh condiments at a hotdog stand. Joining The State We’re In host Melanie Plenda to discuss some of these proposals is Anna Brown, director of research and analysis for Citizens Count, a nonprofit dedicated to providing objective information about issues and candidates.
This content has been edited for length and clarity.
Watch the full interview on NH PBS's The State We’re In (Watch the Episode)
Melanie Plenda: There are more than 600 bills currently up for consideration. There are a lot of proposals we see returning for another discussion, as well as a few new topics being introduced. There are several proposals that would change the current voting rules. Can you summarize a few of those proposals?
Anna Brown: These bills are coming out of the controversy that former president Donald Trump started in 2020, saying that there's widespread election fraud. Governor Sununu and Secretary of State Bill Gardner say that there is no evidence of widespread fraud in New Hampshire, but there's a lot of bills that are looking to tighten up the process in one way or another. Looking thematically, we have several bills related to requiring paper ballots. New Hampshire does use paper ballots, but these bills would require paper ballots such as CACR-19. Other bills would require hand counting, which would eliminate the use of electronic vote counting machines because of controversy around those. Several bills would require election audits; everything from bill HB 1467 that would require partial audits after every election to representative Tim Baxter requesting a full audit of the entire 2020 general election in New Hampshire. There are bills around provisional ballots, or other restrictions for people who vote and register on the same day at the polls. There have been Supreme Court cases related to voter registration requirements. There are also several bills related to ranked choice voting in New Hampshire. I don't know if those would necessarily get very far, but we've seen it emerging in New York, for example, as a totally new voting system that might come forward someday in New Hampshire.
Melanie Plenda: What is ranked choice voting?
Anna Brown: When we vote in New Hampshire, you pick one person that you want for that office. If it's a state representative seat where you have multiple people that all represent you in your district, you can vote for as many people as would represent you. Ranked choice voting allows you to literally say this is my first choice, this is my second choice, and this is my third choice. Then it uses a system to combine everyone's preferences, eliminating the least popular people as you go until you get a compromise winner based on the ranking that everyone gives. It's very innovative. People like the idea that it would be a way to get rid of the two party choice, or you feel like you don't like either of your candidate choices, but it is complex and harder for voters to understand. I think it's gonna take a little while before it really catches on.
Melanie Plenda: There are also several proposals related to education, including teaching about Critical Race Theory and allowing parents to review course material to lodge their objections. Can you talk about those?
Anna Brown: First, as part of the state 2021 budget package, Governor Sununu signed a law aimed at banning the teaching of Critical Race Theory in public schools. It did not mention Critical Race Theory by name; it had broader language around race and discrimination. The debate now is ‘does this law suppress classroom conversations about the history of racism and current events, or does it not go far enough, does the language need to be more specific?’ There's actually a lawsuit on the way that's been filed that's saying the law is vague and infringes on free speech. The legislature is definitely going to weigh in on this issue next year. As you noted, there are some laws that are generally about giving parents more ability to intervene in course materials and course process.
For example, HB-1015 would require teachers to give parents two weeks notice of all course materials and let them object. That would be a step beyond what the state already does, which allows the parents to pull their students from any course material that they find objectionable. then there has to be a negotiation of what the student will be doing instead, but this would specify the two weeks notice. There are other bills that would basically set up public inspection available at any time of curriculum materials; specifically, though, if we're looking at that Critical Race Theory piece, HB-1255 would get very specific prohibiting certain things that a teacher could not say or teach in a classroom. It says, and I quote, “teachers could not advocate any doctrine or theory promoting a negative account or representation of the founding and history of the United States of America in New Hampshire public schools which does not include the worldwide context of now outdated and discouraged practices. Such prohibition includes but is not limited to teaching that the United States was founded on racism." Teachers who violated the law would be subject to discipline from the state.
This actually revises a law that goes way back in history. We think of this Critical Race Theory debate as something very new, but this bill is amending a law that passed during the McCarthy era and was about communism spreading. This is a debate that is not new. It even sparked a Supreme Court case, Sweezy versus New Hampshire, that went all the way up to the US Supreme Court. It was about a lecturer at UNH who contributed to socialist magazines.
Melanie Plenda: There are also bills dealing with reproductive rights that are also likely to attract attention. What can you tell us about those?
Anna Brown: Abortion is a huge issue in the United States right now, and New Hampshire has not escaped that in any way. There are several 2022 bills coming out that look at all sides of the issue. really CACR-18 would create a Constitutional right to make reproductive decisions. That would probably blow away various abortion restrictions that could come down the pipe in the future. On the other side, you have bills that would decrease abortion access in different ways. HB-1181 would allow a father to petition to block an abortion. HB-1477 would ban abortion after a fetal heartbeat. HB 622 is another 2021 bill that got a rewrite over the summer to repeal an abortion ultrasound mandate that was passed as part of last year's state budget.
Melanie Plenda: What are their chances of passing? What do you think Governor Sununu's response is going to be?
Anna Brown: Governor Sununu is in a very tricky place in regards to abortion. He has always identified as a pro-choice governor, but he's gotten a lot of heat for signing a 24 week abortion ban as part of the 2021 state budget package, and that 24 week abortion ban included that ultrasound requirement. I think that Governor Sununu put a little bit of chill on any Republican momentum on passing abortion restrictions, because I think Governor Sununu knew if he is going to sign a bill that, for example, bans abortion after a fetal heartbeat, he could never claim that he was pro-choice again because that would be a very, very strict abortion restriction. That being said, I think that he would be open to signing a bill that repeals the transvaginal ultrasound mandate and the trick there is gonna be, are there enough Republicans to support that repeal?
There is at least one Republican who was on the committee evaluating this revised HB 622. He said that the doctors are already doing these if needed, we don't need the requirement, but let's just do the repeal because this could potentially impact insurance costs, which are something that Republicans definitely have had an eye on. That might be able to ease through and get a signature from Sununu. Other major changes would be a very intense debate, but I think that it might have trouble passing the Senate, especially if Governor Sununu came out and said, ‘I won't sign that.’
Melanie Plenda: For those interested in learning more, or whether they support or oppose these measures, what should they do?
Anna Brown: First of all, always contact your legislators. This is a citizen legislature in New Hampshire. They get paid a hundred dollars plus mileage and they work practically full-time, so I would reach out to them, make your voice heard. You might run into them in a Dunkin Donuts line or at the grocery store or the gas station; they're living in your community just like you, and your voice can persuade them. It can make a difference. They're not beholden to out-of-state donors on some huge level for their reelection campaign. If you wanna find your legislators, you can of course go to the Gen Court website, gencourt.state.nh.us. I'm also going to plug Citizens Count, citizenscount.org;f you click on Elected Officials in the navigation bar, you can find who represents you and also keep an eye out for public hearing opportunities, although there probably won't be an opportunity to do virtual testimony. You can always testify in person, write a letter to the editor, talk to your neighbors and friends, or tune into the Citizens Count and Granite State News Collaborative podcast. It's called “A Hundred Dollars Plus Mileage” and will be highlighting lesser known legislation. Finally, follow organizations that overlap with issues you care about. Whether that's Planned Parenthood or the New Hampshire BIA or Cornerstone New Hampshire or New Futures, there's many organizations out there that are also following legislation. If you sign up for their newsletters, a lot of times they'll let you know when there's an upcoming hearing or bill vote, and they'll ask you to contact your Legislator.
These articles are being shared by partners in The Granite State News Collaborative. For more information visit collaborativenh.org.
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