Bill Text: NH SB304 | 2020 | Regular Session | Amended
Bill Title: Establishing a committee to study public funding of certain state election campaigns.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-09-23 - Died on Table [SB304 Detail]
Download: New_Hampshire-2020-SB304-Amended.html
SB 304-FN-A - AS AMENDED BY THE SENATE
01/08/2020 2855s
2019 SESSION
19-0882
11/03
SENATE BILL 304-FN-A
AN ACT establishing a committee to study public funding of certain state election campaigns.
SPONSORS: Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21; Rep. Cushing, Rock. 21
COMMITTEE: Election Law and Municipal Affairs
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AMENDED ANALYSIS
This bill establishes a committee to study public funding of certain state election campaigns.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/08/2020 2855s 19-0882
11/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT establishing a committee to study public funding of certain state election campaigns.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study public funding of certain state election campaigns.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Two members of the senate, one of whom shall be from the majority party and one of whom shall be from the minority party, appointed by the president of the senate.
(b) Four members of the house of representatives, 2 of whom shall be from the majority party and 2 of whom shall be from the minority party, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall study public funding of certain state election campaigns, primarily to identify which campaigns for state office it may be beneficial to fund publicly, the cost of doing so, and potential sources of public funds.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2020.
6 Effective Date. This act shall take effect upon its passage.
19-0882
Revised 2/12/19
SB 304-FN-A- FISCAL NOTE
AS INTRODUCED
AN ACT relative to campaign contributions and expenditures, and making an appropriation therefor.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $1 | $1 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
The Judicial Branch was originally contacted on January 14, 2019, with follow up on January 24, 2019 for a fiscal note worksheet, which they have not provided as of February 12, 2019.
METHODOLOGY:
This bill creates a continually appropriated, nonlapsing revolving special Voter-Owned Elections Fund (Fund) and Voter-Owned Elections Commission (Commission) to facilitate the public financing of primary and State elections for the office of Governor and Executive Councilor. The Fund shall receive voluntary donations, unspent public contributions, fines assessed for violations of RSA 664 and RSA 664-A, any interest generated by the Fund and any other funds appropriated from the General Fund. An appropriation of $1 is made for each of the fiscal years 2020 and 2021 to the Fund.
Participating candidates are certified by the Commission to receive funds based on a specified number of contributions and limited amounts of individual private contributions. The Secretary of State is directed to annually mail to each registered voter and any person who registers to vote 4 certificates worth 25 voter dollars each. The Commission shall establish a secure online system for delivery of certificates to voters no later than prior to the 2024 election cycle. The Commission shall pay $25 from the Fund to each candidate's campaign for each valid certificate assigned to that candidate. The Commission shall, in cooperation with the Secretary of State, develop an electronic reporting system to process the required filings of campaign receipts, contributions and expenditures.
The Secretary of State's Office assumes the Commission's funds would be used to establish the interactive searchable database and the electronic reporting system to process campaign receipts, contributions, transfers and expenditures. The Office assumes the requirement to mail voter dollar certificates to registered voters would cost approximately one dollar per mailing to include: first class postage, envelopes, inserts and staff time. Multiplied by the number of voters on the checklist after the 2018 election the cost would be $1,008,092. The Office assumes the cost would decrease in FY 2022 when the commission develops a secure online system for delivery of the certificates.
The Treasury states that in addition to establishing guidance regarding the contributions and expenditures from the Fund, the Treasurer will certify to the Commission the date that the Fund balance reaches $1.8 million in order for the Commission to begin administering the public financing provisions for campaigns for Executive Council. The Treasurer also must certify to the Commission when the Fund balance reaches $5 million so the Commission can begin administering the public financing provisions relative to campaigns for Governor. The Treasury does not anticipate any fiscal impact on revenues and expenditures of the State Treasury, the fiscal liability of the State, or at the local and county level.
The Legislative Branch indicates the costs associated with the Fund and Commission will not impact the Branch and any expenses of the legislative leadership serving as Commission members will be the responsibility of the Secretary of State or absorbed without additional legislative funds.
This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2020 | FY 2021 |
Class B Misdemeanor | $53 | $54 |
Class A Misdemeanor | $76 | $77 |
Simple Criminal Case | $296 | $301 |
Routine Criminal Felony Case | $481 | $486 |
Appeals | Varies | Varies |
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It should be noted that average case cost estimates for FY 2020 and FY 2021 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
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FY 2018 Average Cost of Incarcerating an Individual | $40,615 | $40,615 |
FY 2018 Annual Marginal Cost of a General Population Inmate | $4,620 | $4,620 |
FY 2018 Average Cost of Supervising an Individual on Parole/Probation | $571 | $571 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $120 | $105 to $120 |
AGENCIES CONTACTED:
Departments of State, Corrections, Justice, and Treasury, Legislative and Judicial Branches, New Hampshire Association of Counties, and Judicial Council
