Governor Craig Benson allowed an election reform bill to become law without his signature yesterday/this week.
But Democrats accuse Benson and the Republicans of opening a political loophole instead. They say the new law allows staffers in the governor’s office and the Legislature to campaign using taxpayer money.
N-H-P-R political correspondent John Milne has more:
There’s no law in New Hampshire explicitly barring state employees from politicking at work – unlike the federal Hatch Act, which bans federal employees from participating in political campaigns.
So on its face, the law that took effect without Governor Benson’s signature was a reform measure.
Among other items, the language bans public employees from “electioneering” at work or using public property—including telephones or state office space – for campaigning.
State Senator Bob Clegg, a Hudson Republican, says he proposed those words.
The clinker was the law’s definition of public employees. It applied only to civil servants, NOT members of the governor’s staff or legislative employees. Language that would have broadened the ban to all state employees was rejected.
Democrats say that exclusion gives Governor Benson’s staff and legislative aides the explicit authority to campaign on public property, using taxpayer-furnished equipment.
That’s because the law excludes from the definition of public employee either elected officials, appointed officials or those with a “confidential relationship” to a public employer.
The Democrats argue this covers not only politicians but also two Benson aides who aren’t state employees.
Pam Walsh is the Democrats’ communications director:
Loophole 1 (17:07)
Governor Benson and the Republicans in the Legislature had the opportunity to do the right thing – to fix this now. They chose not to. They opened up a major new loophole in state law that would allow taxpayer dollars to be used for campaign purposes.
Senator Clegg doesn’t think there’s such a loophole, and says none was intended.
Loophole 2
I don’t know that the governor’s people are exempt under this statute. But I have no problem with a clarification, because nobody’s employees should be exempt under the statute. It was designed to not use state resources for electioneering.
Any clarification will require a new law to move through the Legislature.
