House Bill 1125 reads:
1 Presidential Nominations; Declaration of Candidacy; Filing Period.
Amend RSA 655:47, II to read as follows:
II. Declarations of candidacy shall be filed between the first Monday
in November and the third Friday in November, or during such other time
period as the secretary of state shall announce.
“…or during such other time period as the secretary of state shall
announce.” is the new language to be added to current law.
First, a little history. New Hampshire has had a Presidential Primary
that has been first in this nation since 1916. But it wasn’t until 1975
that a law which I sponsored was passed creating the “New Hampshire First-In-The-Nation
Presidential Primary.” Up until then, we had a Primary that came first
by default - - no other state had an earlier one. Since 1975, we have had
in our statute a process, applied and administered every four years by
the Secretary of State, which keeps New Hampshire first. In fact, without
passage of that law in 1975, I and others think we would have lost our
lead-off status beginning in 1976.
The legislation in 1975 was necessary, and I think it has proved itself
through time. Throughout the late 1960s and early 1970s, our nation and
its national politics was in upheaval. In 1968, New Hampshire Democrats
and Republicans experienced a very divisive election season, especially
in the Democratic Party where Senator Eugene McCarthy was contesting in
New Hampshire against incumbent President Lyndon Johnson. President Johnson
wasn’t on the New Hampshire ballot but the organizational structure of
the NH Democratic Party was mostly supporting his reelection through a
write-in campaign. Senator McCarthy exceeded all expectations, and we all
know the results of that election on national politics.
In 1972, the Democrats continued to be a divided party, nationally
and in-state. Competing in New Hampshire were Senators Edmund Muskie of
Maine and George McGovern. McGovern did very well here against a “neighbor”
who had much of the statewide Democratic establishment behind him.
With the continued national problems that Vietnam brought, plus the
Watergate situation in 1973 and 1974, many New Hampshire Democrats and
Republicans wanted to forego another divisive in-state battle, and there
wasn’t the kind of unified “let’s-be-first” attitude about our lead-off
status. In fact, many New Hampshire Democrats were hoping that Senator
Edward Kennedy of Massachusetts would run in 1976, so there was considerable
thrust for a regional primary that would include at least Massachusetts,
New Hampshire, and Maine.
Passage of the 1975 law, which overcame considerable debate that year
(and for which I was the only speaker in either the House or Senate public
hearings), came as a result of minds coming together toward the end of
the Session, with leadership working with me in large part from then-Governor
Meldrim Thomson and State Senator Bob Monier.
The unique “one-call” part of the law, which assigns the final determination
of the date of the Primary to the Secretary of State alone and by no one
else (the Secretary is not required to consult with any party officials
about formally setting the date of the Primary, in or out of the state,
or with any other elected officials), has made it especially difficult
for any other state to piggyback on New Hampshire, or to pre-date us.
That provision came out of a long discussion I had with Mel Thomson,
who thought that any “committee” in the process would just bring politics
into the setting of the date. Most good ideas are collaborative, and Mel
Thomson had a sharp political mind, and though I disagreed with him on
many issues I appreciated his input on this matter.
What we do know is that since 1975, when I sponsored that first law
setting our Presidential Primary a week before other states - - first preventing
other New England states from pre-dating us, then the rest of the states
- - no other state and no political party has been able to figure out how
to either piggyback on us, or pre-date us. When you think about it, if
another state had beaten us to the punch and put it in their law that they
would be first by a week, it would have been difficult for us to have the
“first” status. Add to that our tradition of having a Primary that has
come first since 1916, and it’s clear that New Hampshire is now hard to
beat.
We have retain our lead-off status through many years of threats, however,
not just because of our law but because of the way it is administered by
the Secretary of State. The law gives the Secretary the “tools” to do the
job - - the hammer and the nails. But Bill Gardner, though the years, has
used those tools well.
My contention for decades has been that we have successfully maintained
our lead-off status against any and all challenges through the years because
of the unpredictability of the NH Presidential Primary date. No one knows
for sure when our date will be until a short time before it is set. In
fact, the Secretary of State CANNOT make an early agreement with anyone
about when the date will be - - it is his job, under the statute, to wait
until all the other states have set their dates for the election events.
It doesn’t matter what the national parties may say, the NH Primary is
not a “gift” from them.
The Secretary must wait until late in the Fall of the year preceding
the selection of President, then look at the schedule in all the other
states, then apply the law’s requirements.
Our state law mandates - - requires - - our Secretary of State to set
the date of the NH Presidential Primary “…7 days or more…”* before any
other similar election. In 1999 I sponsored a bill, signed by then-Governor
Jeanne Shaheen, to add the words “…or more…”* thus giving the Secretary
of State full flexibility to set the date ahead of any other “similar election”
OR any other election.
For example, even if the only other primary in the nation was held
in June of a Presidential Election Year, and all other states had caucuses
or other events not called “primaries,” the Secretary of State would be
empowered by our current state law to set the date of New Hampshire’s Primary
before any of those caucuses. That’s a subtlety in the current law sometimes
missed by the leaders and schedulers of the national parties and other
states, but it is an important part of our statute that guarantees our
“first” status.
What that mandate requiring the Secretary of State to set the date
for New Hampshire’s Primary “…7 days or more…”* actually means is that
the Secretary has no choice but to wait until late Fall of 2007, in the
case of the next Presidential election, before setting the date.
It’s not what the national parties schedule as events that matters,
it’s what the other states do to their own election schedules that matter.
The actual wording of the New Hampshire First-In-The-Nation Presidential
Primary Law states that: “The presidential primary election shall be held
on the second Tuesday in March or on a Tuesday selected by the secretary
of state which is 7 days or more immediately preceding the date on which
any other state shall hold a similar election, whichever is earlier, of
each year when a president of the United States is to be elected or the
year previous.”*
House Bill 1125 will allow the last element of flexibility for the
Secretary of State in the setting of the date of the Presidential Primary.
By passing this bill, we considerably enhance our First-In-The-Nation Presidential
Primary Law and make it even more difficult for either of the national
political parties, or any of the other states, to reduce the importance,
relevance, or status of our lead-off position.
Through my years of studying how our New Hampshire Primary remains
first, and how other states could eventually end it, I’ve come to believe
that there are only three ways we can lose it:
(1) The Congress could act. It could create a national Presidential
Election system. However, the states’ rights arguments that always arise
when that is considered will, I believe, always prevent that. Each Senator
and Congressperson comes from a state, and all politics is local, so they
won’t take their state’s rights away.
(2) Both major political parties could somehow team up and effectively
boycott New Hampshire, discouraging any candidates from running in our
state. I don’t ever see both parties teaming up because one or the other
will always want to be sure to win New Hampshire in November. Candidates
come here not for convention delegates, but for Wednesday's headlines.
(3) Front-running and up-start candidates will just stop coming to New
Hampshire. This too, I don’t think will happen as long as we, as voters,
remain as active as we are in the process, and never give candidates of
diverse political philosophies reason not to run here. To continue to be
relevant to the Presidential selection process, however, we must maintain
our interest. I think we will. AND, those Wednesday headlines can be powerful
political tools.
With that in mind, House Bill 1125 does more than just giving the Secretary
of State more flexibility. Essentially, this change will allow candidates
to avoid the pressures of other states, or the national parties, from boycotting
or not participating in New Hampshire, because well before the date of
the NH Primary is actually set, the Secretary of State can accept filings.
For example, instead of having to wait until the first Monday of November
preceding the year during which the President is elected, the Secretary
of State can set the filing date for, say, May 15th through September 15th.
All the likely Presidential candidates will have ample time to file in
New Hampshire during that time period, and by September 15th the ballot
would be set, although the firm date for the NH Primary may not have yet
been announced by the Secretary of State, following our statute.
Essentially, candidates will have signed up and made the obligation
to run in New Hampshire, no matter when the date is. Any party rule or
“pledge” in another state designed to encourage candidates not to run in
New Hampshire if the New Hampshire Primary date is set too early or out
of party “windows” or “schedules ” will effectively be negated by the earlier
filing commitment of the candidates.
New Hampshire’s First-In-The-Nation Presidential Primary has been a
tradition in this country since 1916. Until 1975 we had a Primary that
came first by default because no other state and none of the political
parties tried to pre-date our Primary. Since 1975, when we became the first
state to put into our statute our “first” status, no other state and neither
of the political parties has been able to figure out a way around our state
law.
We saw the dilemma that the National Democratic Commission on Scheduling
found itself in this past December, and we’ve seen the National Republican
Party have to deal with this dilemma before. While many of the political
activists of both parties and most of the other states outside of New Hampshire
might not like the lead-off status of New Hampshire, our 1975 law, updated
in 1999, is very difficult to maneuver around and negate.
House Bill 1125 will preserve our First-In-The-Nation status, as well
as the relevance and importance of our Primary, in 2008, 2012, 2016 and
beyond. The Secretary of State is joining me in support of this legislation.
Thank You,
Jim Splaine
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*Background Explanation: In 1999, the bill I sponsored, signed
by then-Governor Jeanne Shaheen, gave additional flexibility to the Secretary
of State to move the NH Presidential Primary date "...one week or more..."
ahead of any other state, thus allowing the trigger to be used to move
ahead of any caucus or other threat, if necessary. The original law
I sponsored in 1975 provided for "...one week before..." For additional
references, see "Why New Hampshire?" written by Former Governor Hugh Gregg
and Secretary of State Bill Gardner.
From 1916 through the early 1970s, New Hampshire had a primary that
came first because no other state tried to set theirs ahead of ours.
With the passage of my legislation in 1975, signed into law by then-Governor
Meldrim Thompson, we made it clear as part of our statutes that we would
continue to be first, but we did not take anything away from any other
state by doing so.
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*The NH First-In-The-Nation Presidential Primary Law:
*TITLE LXIII - ELECTIONS
CHAPTER 653
ELECTION OF OFFICERS AND DELEGATES
Election Dates - Section 653:9
653:9 Presidential Primary Election. – The presidential primary election
shall be held on the second Tuesday in March or on a Tuesday selected by
the secretary of state which is 7 days or more immediately preceding the
date on which any other state shall hold a similar election, whichever
is earlier, of each year when a president of the United States is to be
elected or the year previous. Said primary shall be held in connection
with the regular March town meeting or election or, if held on any other
day, at a special election called by the secretary of state for that purpose.
House Bill 1125
2006 SESSION - 06-2942 - 03/10
AN ACT relative to the filing period for candidates at the presidential
primary.
SPONSOR: Rep. Jim Splaine, Rockingham 16
REFERRED TO: House Election Law Committee; Senate Committee On
Internal Affairs
ANALYSIS
This bill permits the secretary of state to change the filing period
for
candidates at the presidential primary.
- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - -
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.
06-2942 - 03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the filing period for candidates at the presidential
primary.
Be it Enacted by the Senate and House of Representatives in General
Court convened:
1 Presidential Nominations; Declaration of Candidacy; Filing Period.
Amend RSA 655:47, II to read as follows:
II. Declarations of candidacy shall be filed between the first Monday
in November and the third Friday in November, or during such other time
period as the secretary of state shall announce.
2 Effective Date. This act shall take effect 60 days after its passage.
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What follows were the House Election Law Committee Majority and
Minority Reports on House Bill 1125, when it was up for approval in the
House on February 15th. The Majority Report was adopted by the House.
HB 1125, relative to the filing period for candidates in the presidential primary. MAJORITY: OUGHT TO PASS WITH AMENDMENT. MINORITY: INEXPEDIENT TO LEGISLATE.
Rep. James R. Splaine for the Majority of Election Law: This legislation permits the secretary of state to change the filing period for candidates running in the New Hampshire presidential primary at a time that he decides is necessary to ensure our lead-off status. Current law requires the secretary of state to accept fillings during a period of the first Monday in November through the third Friday in November. To provide more flexibility to the secretary of state in administering our First In the Nation Presidential Primary Law, this bill allows that filing period to be moved earlier, or later, as he may decide is necessary to respond to any threat to our lead-off status from other states or by any of the national political parties. The amendment clarifies the language of the statute. It is the belief of the committee that passage of this legislation will greatly enhance our protection of the importance, relevance, and “first” status which New Hampshire has had since 1916 in the national presidential selection process. With approval of this bill, all states and the national political parties should be put on notice that New Hampshire will do what is necessary to preserve our tradition. The governor and the secretary of state also strongly endorse this legislation. Vote 15-2.
Rep. William L. O'Brien for the Minority of Election Law: This
bill seeks to address a situation created by a national democrat commission
having voted to do away with New Hampshire’s first in the nation primary
status. During committee hearings and work sessions on this bill,
the sponsor and democratic leadership were asked if they were confident
that this bill will solve the problems and if the impression on when presidential
candidates are to file would not be cited by democrat presidential candidates
as being so arbitrary and capricious that they could award New Hampshire
presidential primary. The response we received was that they are
confident that the legislation “does a job” and “sends a message,” but
they did not say either that the legislation would solve the problem created
by the Democrat Commission or the legislation would not be used by democrat
candidates for not participating in New Hampshire’s presidential primary.
Before we change New Hampshire laws to accommodate national party assaults
on New Hampshire’s presidential primary, we ought to be assured that the
change will defend out state against the assault and not be used against
the state.