Will NH HB320 Infringe on Political Speech? - Granite Grok

Will NH HB320 Infringe on Political Speech?

Finding New Hampshire House Bill 320 (HB320) was like tripping over something in the dark on your way to something else.  The thing in the dark is “AN ACT relative to removal of certain campaign materials at the polling place.”

Certain campaign materials?  What campaign materials?

HB320 would amend Amend RSA 659:43, II to allow the moderator to remove …

“…any campaign materials within the designated corridor or the building where the election is being held that the moderator determines to be vulgar or sexual in nature or visibly disturbing to minors who accompany their parents to the polls.”

Moderator determines?

Vulgar or sexual…or visibly disturbing to minors?

Am I the only one who sees warning signs over this language?

For the record, I’ve never been a fan of allowing campaign signs anywhere near a polling place, but they are allowed where they are allowed, and after living here for almost 25 years, I find the paddock of sign-bearing politicos outside the polling place both ironic and amusing.  If someone were to paint the words “State Constitution” on the barricades, it might be the only time “some of them” had ever been willingly constrained by such a device.

As for things ‘visibly disturbing to minors, ‘ I can provide an entire menu of potential dinner items that would meet that standard, meaning that what is visibly disturbing to minors is so subjective that even if 100 of the underage little devils were made poll moderator for a day, they could not reach a consensus on what material under HB320 should or should not be kicked off the island.

The point?  No moderators would enforce the statute, were it made law, like any other.  Put a different way. They could behave like a child at their convenience with the force of law–something far too many are doing already if the rumors can be believed.

I’d also like very much to know what promoted this language.   What circumstance suggested a need to limit campaign materials at polling places that are sexual in nature?

I have questioned the reasoning.  I emailed all three sponsors of the legislation yesterday, Rep. Infantine, Hills 13; Rep. Gagne, Hills 13; Rep. Lachance, Hills 8, and asked for an explanation or comment.   I have yet to hear back, but I look forward to reporting their responses in a follow-up.

I will also report the lack of response in a follow-up.

Note: There was a public hearing on this yesterday at 1 pm (I just noticed).  If someone on election law would like to email me with details, I would appreciate the input.

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