HB 87 - AS INTRODUCED
2021 SESSION
21-0200
11/05
HOUSE BILL 87
AN ACT relative to the definition of electioneering.
SPONSORS: Rep. Potucek, Rock. 6; Rep. Binford, Graf. 15; Rep. Hough, Belk. 3; Rep. Layon,
Rock. 6; Rep. Bershtein, Rock. 2; Rep. Baldasaro, Rock. 5; Rep. Ankarberg, Straf.
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COMMITTEE: Election Law
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ANALYSIS
This bill amends the definition of "electioneering" to remove the prohibition against wearing
clothing or paraphernalia that a reasonable person would believe explicitly advocates for or against
any candidate, political party, or measure being voted.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 87 - AS INTRODUCED
21-0200
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the definition of electioneering.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Electioneering; Definition. Amend RSA 652:16-h to read as follows:
2 652:16-h Electioneering. Electioneering means visibly displaying or audibly disseminating
3 information that a reasonable person would believe explicitly advocates for or against any candidate,
4 political party, or measure being voted. Electioneering includes, but is not limited to[:
5 I. Wearing clothing or paraphernalia that displays a candidate's name, likeness, or logo, a ballot
6 measure's number, title, subject, or logo, a political party's name or logo, or any communication that
7 a reasonable person would believe explicitly advocates for or against any candidate, political party,
8 or measure, provided that a person eligible to vote or register to vote in the voting district who is
9 unable to remove or cover clothing that explicitly advocates for or against any candidate, political
10 party, or measure, may wear such clothing in the polling place while actively engaged in the process
11 of registering to vote or while actively engaged in the process of voting.
12 II.] distributing or posting a card, handbill, poster, placard, picture, pin, sticker, circular, or any
13 other form of communication that a reasonable person would believe explicitly advocates for or
14 against any candidate, political party, or measure.
15 2 Electioneering at the Polling Place. Amend RSA 659:43, VII to read as follows:
16 VII. The distribution or posting of electioneering communications, including but not limited
17 to posters, cards, handbills, placards, pictures, pins, stickers, or circulars, [or articles of clothing,] is
18 prohibited within any no-electioneering corridor established outside the polling place by the
19 moderator.
20 3 Effective Date. This act shall take effect 60 days after its passage.


Statutes affected:
Introduced: 652:16-h, 659:43
latest version: 652:16-h, 659:43