[HISTORY: Adopted by the Town of Derry as
indicated in article histories. Amendments noted where applicable.]
[Adopted 1-14-2021]
Powers to Make Bylaws, Electioneering, RSA 31:41-c; Purpose and Penalties, RSA 31:39 III; Electioneering, RSA 652:16-h; Electioneering by Election Officials, RSA 659:44; Election Officer, RSA 652:14; Removal of Local Land Use Board members, RSA 673:13; Election Officials, Charter Art. 2, § 2.1; and Ordinances, Art. 6.
Pursuant to the authority granted by RSA 31:41-c, and Article 6 of the Town's Charter, the Town of Derry adopts an article prohibiting electioneering by board, committee and commission members.
"Electioneering by Board, Committee and Commission Members Prohibited."
New Hampshire Statutes, RSA 31:39, Power to Make Bylaws; § 6
of the Charter, Power to adopt ordinances.
It is declared to be a public purpose that the conduct of Town
business by boards, committees and commissions shall be dedicated
to the execution of their statutory responsibilities and/or committee
charge as defined by state statute, the Town Charter, and the Town
Council. To meet this public purpose, the following electioneering
activities are prohibited:
A.
All appointed officials, while sitting and performing official duties on a Town board, committee or commission shall not engage in electioneering as defined below in § 28-6.
B.
It is further declared to be a public purpose that all appointed
officials while sitting and performing official duties on a Town board,
committee or commission shall not use municipal channels of communication
(e.g., website, virtual meetings, etc.) for electioneering activities.
C.
No election officer shall electioneer while in the performance of
their official duties. For the purposes of this section, "electioneer"
shall also mean to act in any way specifically designed to influence
the vote of a voter on any question or office.
In the interpretation and enforcement of this article, all words
other than those defined specifically below shall have the meanings
implied by their context in the article or the ordinarily accepted
meanings. For the purpose of this article, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
Any member of any statutory, or charter authorized standing
or ad-hoc board, committee or commission appointed by the Town Council.
Any moderator, deputy moderator, assistant moderator, town
clerk, deputy town clerk, town councilor, supervisor of the checklist,
registrar, or deputy registrar.
Any board, committee or commission member, who is serving
in their official capacity, who is visibly displaying information
that a reasonable person would believe explicitly advocates for or
against any candidate, political party, or measure being voted. Electioneering
includes, but is not limited to:
Wearing clothing or paraphernalia that displays a candidate's
name, likeness, or logo, a ballot measure's number, title, subject,
or logo, a political party's name or logo, or any communication
that a reasonable person would believe explicitly advocates for or
against any candidate, political party, or measure.
Distributing or posting a card, handbill, poster, placard, picture,
pin, sticker, circular, or any other form of communication that a
reasonable person would believe explicitly advocates for or against
any candidate, political party, or measure.
Any communication channels operated by the Town such as the
Town's website, virtual meetings, cable government channel, etc.
Pursuant to FCC regulations, any public access cable channels operated
by the Town shall not be considered municipal channels of communication.
