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Less than 48 hours after Gov. Chris Sununu announced his support for a legal challenge to President Joe Biden’s vaccine mandate on private businesses, a federal court has already stepped forward to rule against Biden’s plan.

The ruling “foreshadows an uphill battle” for the mandate policy, according to the New York Times, and it’s the latest indicator that Sununu has once again put himself in the center of the political bell curve on the politics of COVID-19.

When New Hampshire Attorney General John Formella announced his decision to join an 11-state lawsuit challenging Biden’s federal vaccine mandate, Sununu quickly gave his public endorsement.

“COVID vaccines are the most effective tool we have to protect ourselves and our community from this virus,” Sununu said. “But as the head of state, I recognize the limitations of government in mandating this personal medical decision. President Biden has created a loophole to facilitate this overreach, which is why I fully support the Attorney General’s decision to sign on to this lawsuit.”

New Hampshire Democrats have been criticizing Sununu’s opposition to mandates, in particular his reluctance to impose mandates on local school districts regarding COVID policy, since the pandemic began. Sununu has consistently said that, while he believes the vaccines are safe, effective, and the best way out of the pandemic, he generally opposes mandates as a public policy.

Formella’s office announced Friday that New Hampshire joined with Missouri, Arizona, Nebraska, Montana, Arkansas, Iowa, North Dakota, South Dakota, Alaska, and Wyoming, along with several private businesses and organizations in a challenge to an “emergency” Occupational Safety and Health Administration rule to force employers to require workers to get vaccinated or undergo regular testing.

Formella also believes that the vaccines are safe, effective, said in a statement on the lawsuit that the mandates are the problem, not the vaccines.

“The new Emergency Temporary Standard issued by OSHA is illegal and would impose significant burdens on New Hampshire businesses and their employees. We are therefore obligated to take action to protect the interests of our state’s citizens and businesses,” Formellla said.

At least 27 states have filed lawsuits challenging the rule in several circuits.

In a separate legal action, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in Louisiana temporarily halted the mandate after a conglomeration of businesses groups, religious groups, advocacy organizations and several other states filed a petition on Friday with the court, arguing that the administration had overstepped its authority.

The Fifth Circuit panel said the judges were blocking the regulation “because the petitions give cause to believe there are grave statutory and constitutional issues with the mandate.”

Some legal experts, like UCLA Berkeley Law Professor John Yoo, call the mandate blatantly unconstitutional.

“It undermines the Constitution’s balance between Congress and the president and between the federal and state governments,” Yoo said. “Congress has not vested the president with the power to govern every aspect of every office and factory in the nation, and even if it had, such a grant of sweeping power would violate the very division of authority between the national and state governments.”

(Yoo is perhaps best known for writing the legal justification for the CIA’s use of harsh interrogation tactics against Al-Qaeda detainees during the George W. Bush administration.)

And attorney Dan McLaughlin, who writes legal analysis for National Review, says the administration’s decision to announce the “emergency” OSHA rules in September, but not have them take effect until January, will hurt their case.

“The Biden administration could have a very hard time explaining to the [SCOTUS] chief justice why it is entitled to assert emergency powers that exist to address ‘immediate’ threats, then do nothing with them for four months.”

Nonetheless, the Biden administration says they’re going to keep pushing the mandates.

U.S. Surgeon General Vivek Murthy told ABC’s “This Week” it’s full steam ahead.

“The president and the administration wouldn’t have put these requirements in place if they didn’t think that they were appropriate and necessary, and the administration is certainly prepared to defend them,” Murthy told host Martha Raddatz.

Are they playing politics? They may want to re-read their polls. Since mid-September, polling has shown that Americans are, at best, split on the issue of mandates. A recent Economist-YouGov poll reports that only 52 percent of registered voters back Biden’s mandates, while 43 percent are opposed.

Here in the Granite State, a slim majority oppose the vaccine mandates, 52- 46 percent, according to a New Hampshire Institute of Politics poll.

And a new Rasmussen Research poll found 52 percent of likely voters say they support workers refusing to comply with workplace requirements to get COVID-19 vaccines. Just 38 percent oppose it.

And then there’s the question of whether, after Biden expends the political capital to push them, the mandates will still be needed in January. Many health experts predict COVID-19 is winding down due to the prevalence of vaccines and the Delta wave that largely infects the unvaccinated. With vaccines approved for children aged 5 to 11, and a new Pfizer drug that can prevent 90 percent of hospitalizations of the infected, COVID-19 may be in the rearview in a few months.

Dr. Scott Gottlieb, former commissioner of the FDA said on Twitter the government has already been successful in rolling out the vaccines, and mandates are not the way to reach the unvaccinated.

“As a fight over the federal OSHA mandate unfolds, we should remember 80.5% of responsible adults 18+ already had at least one dose of Covid vaccine,” Gottlieb wrote. “What level do we need to get to? What will the OSHA provision accomplish? And were there less divisive ways to achieve these goals?”

Gov. Chris Sununu took direct aim at his fellow Republicans on the Executive Committee the day after they voted down federal COVID-19 funding, calling their actions uninformed and irrational.

During a Thursday morning interview on WGIR radio, Sununu singled out Executive Councilors Joseph Kenney and David Wheeler by name, saying they live in a “bizarro world” of conspiracy and misinformation.

“You don’t even know how to argue it at some point because logic has left the building,” Sununu said. “They are listening to social media nonsense and misinformation, and there is zero rational argument.”

Sununu also mocked their claims to be “quote-unquote conservatives” after their proposal the state order private businesses to stop requiring vaccines for their employees.

“That’s what Communist Russia does,” Sununu said.

Sununu also called out Wheeler for claiming the U.S. Constitution guarantees every person a job and for suggesting the state track down every person who has had COVID-19.

“When people start waving the flag and Constitution but clearly have never read the Constitution, it can be a little frustrating,” Sununu said. “These are not conservative values, these are not Constitutional values, it’s emotional nonsense.”

Wheeler did not respond to requests for comment, but Kenney told NHJournal he disputed Sununu’s take on the vote, saying he is concerned about people losing their jobs because of President Joe Biden’s federal vaccine mandate.

“I totally disagree with the governor and I think he is out of touch with working men and women of this state, many who have lost their jobs because of employment vaccine mandates,” Kenney said.

The federal vaccine mandate on private companies, which Sununu has vowed to challenge in court, has not gone into effect. Biden announced on September 9 he was instructing the Occupational Health and Safety Administration to use its emergency powers to force every employer with 100 or more workers to require the vaccine or impose weekly testing. OSHA’s rules still have not been finalized, and many legal experts believe the courts will almost certainly shoot them down.

Still, many private businesses are requiring vaccines on their own, like the Dartmouth-Hitchcock Health system where 99 percent of employees are currently in compliance.

Kenney did not have hard figures on how many people have lost their jobs in New Hampshire because of mandates, but he said 16 hospital staffers in the North Country recently walked off the job because of them.

Sununu blames much of the turmoil on anti-government Free Staters who tried to impeach him for using executive orders during the pandemic. The same group now wants him to use executive orders to interfere with private companies over vaccine mandates, he said.

State Police arrested nine people Wednesday during the Executive Council meeting for allegedly disrupting the meeting.

When asked, Sununu would not commit to campaigning for Wheeler and Kenney next year.

Did Betsy DeVos write the Sununu administration’s back-to-school plan?

According to Democrats Andru Volinsky and Dan Feltes — absolutely.

“This Sununu-Edelblut-DeVos agenda document abandons the state’s responsibility to ensure a safe return to schooling,” Executive Councilor Volinsky said of the Sununu administration’s guidance document.

“Instead of releasing an education plan by New Hampshire, for New Hampshire, Governor Sununu outsourced New Hampshire’s education reopening plan to be written by Secretary of Education Betsy DeVos’ D.C. consultants,” state Sen. Feltes said in a statement.

But do the facts, and basic logic, back their claims?

THE SET UP:

On Tuesday, Gov. Chris Sununu released his administration’s 56-page guidance document for reopening New Hampshire schools. The key word, Sununu reiterated, is “flexibility.” His plan contains almost no mandates (a key point we’ll come back to later) and instead offers “guideposts,” as Sununu calls them, for schools to use should they choose to have classroom instruction, Zoom learning from home, or some hybrid of both.

Granite State Democrats and the state’s teachers unions immediately expressed their displeasure. “We had hoped for a set of minimum safety standards for all schools to achieve before they were safe to reopen. Instead, we received 56 pages of ‘shoulds’ not ‘shalls,'” said NEA-NH President Megan Tuttle.

“With less than two months before school starts, families and teachers wanted certainty; Sununu just delivered chaos,” Feltes said.

“Let’s call Sununu’s ‘plan’ for what it really is — the state abandoning its responsibility to ensure the health, safety, and well-being of students and teachers,” added Volinsky.

THE STORY:

At Thursday’s presser, a writer from the liberal website InDepthNH asked Sununu, “Why did you let [federal Education Secretary] Betsy DeVos’s people write the guidance document for reopening schools?” The question was based on accusations from Feltes and Volinsky, which were in turn inspired by an exchange between Volinsky and New Hampshire Education Commissioner Frank Edelblut at Wednesday’s Executive Council meeting.

Volinsky asked the commissioner, “Who wrote the document and who approved it?”

In a winding, nine-minute series of questions and answers, much of it in education bureaucracy jargon, Edelblut described the process, beginning with the 60-member School Transition Reopening and Redesign Taskforce (STRRT).

“Based on that input from the STRRT committee… the U.S. Department of Education worked along with a consulting firm, AIR, to take all that content and put it into the framework the STRRT committee had organized,” Edelblut said. “That’s the result you see here. Much of the drafting was done by the Department of Education, then it was weighed in on, and a medical perspective was added by Dr. Chan, resulting in the final product we have now produced.” [emphasis added]

And, Edelblut conceded, the final document did not go back to the STRRT committee for their approval before Gov. Sununu released it.

Therefore, Feltes and Volinsky claim, the Sununu administration’s policy was, “written by Betsy DeVos” and foist upon the people of New Hampshire.

THE FACTS:

The first, and most obvious, fact is, whoever wrote the Sununu guidance, it is certainly not the DeVos plan. President Trump and his education secretary have made it perfectly clear that their plan for America’s schools is: “Send all the kids back to class — now!” Just ask union president Tuttle, who tweeted out this quote from the White House spokesperson:

“The President has said unmistakably that he wants schools to open, and when he says open, he means open in full, kids being able to attend each and every day at their school.”

If DeVos really had written Sununu’s plan, it would mandate classroom instruction whether local schools liked it or not.

The second fact is that a cursory view of the meetings of the STRRT (watch the exciting, edge-of-your-seat taskforce meetings here!) reveals the guidance released by Gov. Sununu reflects the will of the task force. As Edelblut told Volinsky, the STRRT laid out “high-level” general guidance on topics like transporting kids and personal protective equipment in the classroom, and the final product reflects those views.

And then there’s the fact that the Sununu administration’s plan isn’t a “plan” at all. They made the decision, one supported by the STRRT, to avoid mandates and let local officials decide what’s best for local schools.

As Sununu told NHJournal on Thursday, “Local control works.”

“I don’t know why they [Feltes and Volinsky] don’t have faith in teachers, administrators and parents to find solutions for themselves,” Sununu said. “I have all the faith in the world that the teachers, parents and principals know how to manage their classrooms, not a governor sitting in the corner office. I don’t know why they don’t have more faith that folks other than themselves might have the solutions for these problems.”

But what about those federal education consultants? Or the “drafting done by the Department of Education?”

It turns out the private consulting firm AIR has been running federal “Comprehensive Centers” since 2005, under contracts awarded by both the George W. Bush and Obama administrations.

They get federal tax dollars to facilitate meetings and draft documents — things that volunteer organizations do for themselves for free all the time, by the way. But wasting tax dollars on redundant government bureaucrats is hardly unique to the DeVos Department of Education.

And AIR’s role is literally laid out in page one of the documents launching the STRRT process back in May:

“The work will be facilitated by the Region 1 Comprehensive Center from the U.S. Department of Education and facilitated by AIR. The work of the facilitator(s) will include:

• Facilitation of large group discussions
• Support the development of the report.

In other words, hold meetings and write a report. Which they did. No conspiracy here.

THE CONCLUSION:

Whether you love or hate Sununu’s local-control approach to reopening schools, there’s no denying: it’s his plan. DeVos and the feds had nothing to do with it.

It’s also, as Sununu likes to point out, a very “New Hampshire” plan, leaving power at the lowest levels of government.

It didn’t have to go this way. Governors in other states are using their power to push mandates on local schools, and Sununu could certainly follow their example. He chose not to, and the STRRT backed his approach.

The claim that Betsy DeVos “wrote,” or even had a role in, the Sununu back-to-school guidance simply doesn’t stand up to scrutiny.

GRADE:

Only the phrase “drafting done by the Department of Education” keeps Democrats from getting an “F.”

There’s a big debate brewing over local control of schools in the era of COVID-19. There’s no reason for Democrats to invent things to fight about.

Every quarter the polling firm Morning Consult releases a ranking of the most/least popular governors in the U.S.  Today they released their numbers for Q4 of 2018–when the midterm elections took place. And for the third quarter in a row, New Hampshire’s Gov. Chris Sununu is the fourth most popular governor in the country, with an approval rating of 60 percent and a disapproval of just 23 percent.

Massachusetts Gov. Charlie Baker also remains the most popular governor in America (72/14 percent) and nine of the 10 most popular governors in the U.S. are Republicans, despite the #BlueWave that crashed over American politics in November.

Gov. Sununu’s 60 percent approval is significantly higher than all four governors considering a 2020 POTUS bid:  Democrats John Hickenlooper of Colorado, Jay Inslee of Washington and Bullock of Montana; and Republican John Kasich of Ohio.

It’s also higher than Sununu’s own 53 percent of the vote in November’s election against a weak Democratic nominee, former state senator Molly Kelly. That’s not necessarily surprising–an approval poll doesn’t ask respondents to pick sides–but it is likely to renew the conversation NH Republicans are having off the record for weeks:

Why didn’t Chris Sununu cruise to victory?

Just south of the border in an even more deeply-blue state, Republican Baker won his re-election bid 67-33 percent–a two-to-one margin. Next door in Vermont, Republican Phil Scott–who upset his GOP base by flip-flopping on a gun-control promise– won re-election by 15 points. Even Maryland Gov. Larry Hogan, a GOP governor who had to run in a state that’s part of the Washington, DC media market– won handily, 56-44 percent.

“There’s no reason [Molly Kelly] should have been so close. And there’s no excuse for fundraising parity by a weak candidate like Kelly with an incumbent governor,” one longtime NH GOP insider told NHJournal.

Still,  the Democrat-controlled NH legislature has a formidable opponent in an incumbent governor with veto power and one of the highest popularity ratings in the country.  Democrats may want to raise taxes and increase business regulations, but getting that agenda past Gov. Chris Sununu is going to be an uphill battle.

The most memorable thing about Gov. John Chris Sununu’s second inaugural address (other than Speaker Shurtleff’s gaffe) was how much fun the governor had giving it.  It’s the defining aspect of the Sununu style of governance:  In a time of seemingly non-stop political anger and partisan anguish, Chris Sununu is having a great time.

A little too great, based on the 60+ minutes run time. (“This was 20 minutes when I read it at home last night,” Sununu assured the assembled). Still, by peppering the speech with personal stories and anecdotes– along with classic Sununu self-deprecation–the governor kept things moving. And any speech that can work in quotes from Harry Potter and Adam Sandler can’t be all bad.

Most of the speech was spent cheerleading–another Sununu staple. He celebrated the state’s economy, the previous work of the legislature, the efforts of healthcare and public safety employees, the life of George H. W. Bush, his wife’s charity work with Bridges House, etc.

If Gov. Sununu’s speech had a soundtrack, it would have been “Everything Is Awesome” from The Lego Movie.

But everything isn’t quite awesome, as the governor acknowledged, as he spoke about suicide rates in a way that echoed the discussion of opioid addiction a few years ago. He also talked about the ongoing drug abuse issue, the “hub and spoke” approach, and lingering concerns about the performance of DCYF, etc.

Not surprisingly for a Republican governor who must work with a Democratic-controlled legislature, Sununu avoided partisanship. In fact, the words “Republican” and “Democrat” appear but once in his prepared remarks:

“Whether you are a Republican or Democrat, Independent or Libertarian — we all share a passion for making our communities the strongest they can be.”

But that doesn’t mean Sununu avoided partisan politics. New Hampshire Democrats haven’t been shy talking about the tax increases that are part of their “Granite State Opportunity Plan.”  Though the Democrats in the House and Senate haven’t come together on a single approach, they all involve at a minimum taking away tax reductions scheduled for the future, if not raising tax rates on businesses outright.

Gov Sununu didn’t pick any fights from the podium, but he was very clear:

“Look at the data. Revenues are rising. Costly regulations have been eliminated, and we are investing surplus funds into smart one-time investments.
 
I implore this legislature to learn from the mistakes of the past.  The last thing we should be doing is raising taxes or pushing a budget that does not live within our means.  And it should go without saying -There will be no sales or income tax of any kind on my watch.”

Sununu also used that rarely-heard word in energy-policy debates: “ratepayer.”

“I have always said we should view energy policy through the lens of the ratepayer.  And I hear a lot of talk from legislators that say YES, they will fight for lower electric rates, but then vote for legislation that raises rates and burden our citizens.  You can’t have it both ways.”

The irony is that Sununu has his own “both ways” policy on energy, calling for continued subsides of inefficient/expensive wind/solar, but targeted to benefit low-income residents.

“The Office of Strategic Initiatives and Public Utility Commission are currently working out a plan for the multi-million-dollar Clean Energy Fund which is being made available this year.  I want to see renewable energy projects for low income families and communities to be a priority for those investment dollars.”

Not exactly the policy of a full-throated free marketer, but a politically-smart position for a Republican who just survived a #BlueWave in a purple state and doesn’t want to lose a job he loves.

[To read Gov. Sununu’s entire prepared text, click here.]

If pundits are looking for more evidence that partisanship is the most important motivator in American politics, New Hampshire just added another data point:

In November, the Granite State economy hit a record for the number of employed residents and a 30-year low unemployment rate…and voters threw out the Republican House and Senate and gave the incumbent GOP governor just 53 percent of the popular vote.

On Wednesday, the new jobs report revealed the highest number of working state residents ever– 763,040– and unemployment down to 2.5 percent, the lowest since August, 1988.  “Thanks to the strategic initiatives that New Hampshire has made, and our pro-growth, pro-jobs focus, more Granite Staters are working than ever before in the state’s history,” Gov. Chris Sununu said in a statement. It’s the same argument he made during the 2018 campaign, and one that his challenger, Molly Kelly, famously had no answer to.

???? BREAKING: For the first time since 1988, New Hampshire’s unemployment rate hits a low 2.5%. Well below the national average, it’s clear that we continue to set the gold standard for the rest of the country. WE ARE OPEN FOR BUSINESS! pic.twitter.com/9CorvNGZJf

— Chris Sununu (@GovChrisSununu) December 18, 2018

“Today’s economic news continues the positive trends of the past few years relating to the labor force; demographics; migration; exports; unemployment, and capital investment,” said Taylor Caswell, commissioner of the Department of Business and Economic Affairs. “We can say with confidence that New Hampshire’s economy remains highly competitive and will continue to attract top talent and world class employers.”

All great news. No, not great: Spectacular.  And yet, the fourth-most popular governor in the country with a red-hot economy and an unimpressive opponent won an 8-point win.  If “The Economy, Stupid” rules were in effect, this wouldn’t happen.

The same with President Donald Trump. Setting aside the stock market’s end-of-year “polar bear plunge,” the Trump economy has been unbelievably strong–literally. Pundits predicted economic disaster from a Trump presidency and dismissed Trump’s talk of 3 percent (and higher) growth as unrealistic.  The growth rate in the last quarter? 3.5 percent. The quarter before that: 4.2 percent.  And the national jobs numbers are just as hot: 3.7 percent unemployment, record-high employment among minority workers and the highest annual increase in wages in nine years.

And where’s Trump’s approval rating? 43 percent approve, 52 percent disapprove.

This is the environment New Hampshire Republicans must navigate, one where partisan animus overwhelms actual pocketbook performance.  Social scientists continue to be astonished by this new American moment, when the best predictor of behavior isn’t race or sex or economic standing–but partisanship.  That’s not how America has worked in the past.  The Republicans who crossed over and voted for Bill Clinton in 1996, the Democrats who stuck with George W. Bush in 2004 over national-security issues–they’re gone.  They’ve been replaced by a growing number of voters who simply vote party without seriously considering candidates from across the aisle.

Which means that, for Gov. Sununu and the Republicans who hope to re-take the state legislature or offer a serious challenge to congressional Democrats, delivering results and recruiting strong candidates isn’t enough. They have to find a way to shift voter’s views of the GOP brand here in New Hampshire.

And that’s another reason why the NHGOP’s choice of a new chairman is so important.  Creating a Granite State-friendly GOP brand is vital. Unfortunately, in a Trump-dominated political environment, it may next to impossible.

Outgoing New Hampshire GOP Chairman Wayne MacDonald tells NHJournal he has “major concerns” over ending the policy of party neutrality in the 2020 POTUS primary and supporting incumbent President Donald Trump.

“Anyone should be able to run for the nomination. Donald Trump is the president, and his record should be considered. But until our nominee is chosen by a vote of the people, the party leadership needs to be neutral,” MacDonald told NHJournal.

Not everyone agrees. Bruce Breton, who was very active in Trump’s 2016 campaign in New Hampshire, finds the party’s policy of neutrality “deeply flawed.”  He has abandoned his bid for NHGOP Vice Chair in part because running for the office “would be contrary to my continued support of President Trump. As per our bylaws I would have to remain neutral in the upcoming 2020 campaign. It is my strong belief that those bylaws should be changed to reflect that the NHGOP would support an incumbent president.”

But MacDonald was adamant. “I understand the logic of wanting to support an incumbent president in your own party. But the nomination is something that is bestowed upon them by the voters,” MacDonald said, adding that the candidates and offices are irrelevant.

“This has nothing to do with Trump. We were neutral in 1992 when George H. W. Bush was president [and challenged by Pat Buchanan].  And it’s not just the presidency. Governor, senator, what have you—the party needs to remain neutral.”

MacDonald has served as state party chair three times, always as an appointee and never as an elected candidate. On Tuesday, he announced he won’t be running to keep the job.

“I’ve always enjoyed it, but it’s never been easy. People don’t leave the job when things are going well,” he noted wryly. “It’s an intense and exhausting experience.”

When news broke of MacDonald’s decision, Gov. Chris Sununu released a statement offering “sincere thanks to Chairman MacDonald for his steady leadership over these past few months. He had to step up to take on a tough challenge, served admirably, and I sincerely hope Wayne stays involved in the years ahead — the Republican Party is better off with Wayne MacDonald at the table.”

MacDonald told NHJournal he agreed with those who say the job should be a paid, full-time position for the GOP as it is for the New Hampshire Democratic party, adding: “I’m Scottish, so if they had offered to pay me, I wouldn’t have said ‘no.’”

“One big advantage Democrats have had is continuity. They’ve been able to build on their experiences from one cycle to the next. We’ve had very few chairmen serve back-to-back terms.”

MacDonald is right. Former NHGOP chair Fergus Cullen tweeted out the list of state party chairs since 2000. There have been eleven already, and only one—Jennifer Horn—served two consecutive terms.  “During this time, NHDems have had just two. They stuck with Kathy Sullivan and Ray Buckley not only after wins but after losses too,” Cullen tweeted.

MacDonald declined to endorse anyone to replace him, but he did share his biggest concern for the next chairman: “Fundraising.  That’s got to be the number one job.”

“And I don’t have a problem with going to Washington, DC for funding, as the Democrats do, that’s fine. The problem is that there isn’t this pile of money waiting for us in Washington to just scoop up and take back to New Hampshire. We’re going to have to compete for money there too,” MacDonald said.

He pointed out the example of former party chairman John H. Sununu. “He really was in a class by himself when it comes to state chairmen. He had been governor, he had all the contacts, and he raised a lot of money for the party.  But even he didn’t meet the $1 million fundraising goal he set for himself.”

“No matter who becomes the next chairman, fundraising is always hard.”

It felt like the last day of school at the New Hampshire State House on June 22. Lawmakers were signing each other’s session books (the political version of yearbooks), shaking hands, and taking pictures together. It had been another eventful legislative session that saw many highs and lows for Gov. Chris Sununu, the first Republican in the corner office in 12 years.

The Republicans didn’t always get along during this legislative session. Remember the defeat of right-to-work legislation and the House failing to pass their own version of a budget earlier this year? Despite the varied ideological depth of the New Hampshire Republican Party, they were able to show they can work together and give Sununu some final wins at the end of the first year of the 165th General Court, including full-day kindergarten and a budget getting passed.

Now, the lawmakers head home for the summer months and it’s time to decide the winners and losers of the session:

WINNERS:

With his wife Valerie at his side Republican candidate for governor Chris Sununu speaks to supporters early in the morning Wednesday, Nov. 9, 2016, in Concord, N.H. Sununu said his race with Democratic challenger Colin VanOstern was too close to call. (AP Photo/Jim Cole)

Gov. Chris Sununu: As much as Democrats wanted Sununu to not do well his first term in office, several of his campaign promises and policy priorities made their way through the legislature and became law. One of his first wins in office came from the repeal of a license requirement for concealed carry firearms. It was something he said he would do on the campaign trail, and it got done within the first two months of his term.

That’s not to say that Sununu didn’t have some setbacks during the legislative session. The governor, who didn’t have prior legislative experience before taking office, saw the defeat of right-to-work under his watch and the House failed to pass a budget for the first time in recent memory. Some critics claim Sununu could have done more to get right-to-work passed, but the Republican infighting revealed a divided party that would prove difficult for GOP leadership to navigate.

With the budget, Democrats attempted to paint Sununu as not in control of his own party, but Sununu actually stood as the most to gain from the House’s failure. The House cut several of Sununu’s budget priorities in its version, but when the Senate drafted its own budget, it used Sununu’s proposal as a guide. What was ultimately passed at the end of June was a compromise of House, Senate, and Sununu’s priorities.

On the final day of the session, Sununu also saw the passage of full-day kindergarten and a key school choice bill. It might not have been a perfect process, but the governor saw several items from his policy wish-list reach his desk.

Marijuana: For several years, New Hampshire has been the only state in New England that still criminalized possession of small amounts of marijuana. For many lawmakers, they saw a connection between the rampant opioid crisis and marijuana being used as a potential gateway drug. Historically, the Senate has voted down various bills relating to looser pot laws, but advocates fought long and hard to see marijuana decriminalization passed. After compromising with the House on an amount, the Senate finally found a bill that it could handle.

In June, the legislature decriminalized three-quarters of an ounce of pot and Sununu signed it into law. Marijuana advocates applauded lawmakers for taking the first step, although they are continuing to work toward full legalization.

Libertarians: The Libertarian Party of New Hampshire had a banner election year in 2016. It obtained 4 percent of the vote in the gubernatorial election to qualify for the ballot in 2018. It also had three sitting lawmakers switch their party affiliations from Democrat or Republican to Libertarian. The last time the Libertarian Party had an official caucus in the State House was in the 1990s when it had four members.

While Libertarians haven’t been the deciding votes on any controversial bills during the session, it is clear that some members of the major parties are unhappy within their own caucuses. The Libertarian Party needs to garner 4 percent of the vote again in 2018 to remain on the ballot, but with political partisanship at an all time high, voters could see Libertarians as a more moderate choice. That’s how many Granite Staters felt when they voted for Libertarian presidential candidate Gary Johnson over Republican Donald Trump and Democrat Hillary Clinton.

Gov. Chris Sununu signs HB 262, declaring the common blackberry to be the berry of the biennium. (Image Credit: Gov. Chris Sununu’s office)

Blackberry and painted turtle: Every year, the state’s fourth graders learn how the state government works, and every year, legislation gets filed on their behalf. This year, lawmakers saw a bill from students at Simonds School in Warner naming the blackberry the official state berry of the biennium. It made its way through the House and Senate, and Sununu signed the bill in June.

Another group of students from Main Dunstable School in Nashua wanted the painted turtle to be the official state reptile for the biennium. That bill was also signed by Sununu.

It’s an annual tradition at the State House and while some lawmakers believe it’s a waste of time, some say it’s a good opportunity to get students involved and interested in the political process.

Of course, no one will forget the time in 2015 when students in Hampton Falls proposed making the red-tailed hawk the state raptor and a lawmaker suggested the creature would be a better mascot for Planned Parenthood. That became a national news story.

Luckily, no incidents like that happened this year. And Sununu enjoyed snacking on some blackberries with the fourth-grade students when he signed the bill into law.

LOSERS:

Democrats: The New Hampshire Democratic Party struggled to find its footing this year. For the first time since 2010, Democrats were fully the minority party in the State House — Republicans had majorities in the House, Senate, Executive Council, and the corner office. The party couldn’t decide if it wanted to work with Republicans or be the party of resistance to their agenda.

Their lack of a mission or agenda was evident in the legislature. While Democrats banded together to help defeat right-to-work and the House’s budget, there were times when some members disagreed with party leadership and voted their conscience. When it became clear that it was very likely that a budget wouldn’t be passed in the House, some Democrats advocated for at least passing something on to the Senate.

While Democrats have long pushed full-day kindergarten, they didn’t like that the final bill tied its funding to the lottery game Keno. Most Democrats voted against it, and that could be a major policy issue when they face reelection next year.

But the question still remains: will Democrats work with Republicans in the next legislative session in January or will they resist? National politics will definitely influence their decisions, and it will also be an election year. More partisanship is likely.

Right-to-work: The bill called for prohibiting unions from charging fees to nonmembers for the costs of representation, but even in a GOP-controlled legislature, Republicans couldn’t get the votes. A lot of different factors went into its defeat in the House, including disagreements between Sununu and House Speaker Shawn Jasper, as well as some Republicans who are part of unions or know people in unions. This was a major bill that some lobbyists and advocacy groups pushed for, including the Koch-funded Americans for Prosperity-New Hampshire. Simply, the votes were not there and lawmakers voted to not bring up the issue again until at least 2019, but expect to see another bill if the GOP retains its majority in the legislature.

Transgender advocates: A controversial gender identity nondiscrimination bill was tabled in the House, much to the dismay of transgender advocates. The bill would have prohibited discrimination based on gender identity, extending gender identity the same protections under state law that exist for age, sex, sexual orientation, race, or creed. The protections would have applied to discrimination in housing, employment practices, and public accommodations.

House Speaker Shawn Jasper and other members of the GOP leadership sought to kill the bill, or at least get it off the agenda for the session. Their issue with the legislation mirrors the Republican opinion at a national level — the bill would have allowed transgender people to use the restrooms of their choice.

Advocates are hoping the bill could be resurrected next year.

Opioid crisis: The drug epidemic still has its grips on the Granite State, which is ranked as the second hardest hit state by per capita overdose deaths in the nation. Lawmakers passed some bills to help curb the crisis, but as with any legislative process, it can take a while for treatment and recovery centers to receive the necessary funds to make a difference.

The state is also now dealing with the rise of carfentanil, a synthetic opioid that is is so potent that it’s not intended for human consumption. It’s 100 times more potent than fentanyl and is commonly used to tranquilize elephants. There’s still a backlog at the state’s crime lab to investigate due to the increase in the number of drug overdose deaths.

While lawmakers seek political solutions for ending the crisis, advocacy groups say more creative solutions are needed, but it appears that the end of the epidemic is still not in sight.

UNDECIDED:

House Speaker Shawn Jasper (Photo Credit: Speaker Shawn Jasper Facebook page)

House Speaker Shawn Jasper and House Freedom Caucus: The conservative caucus threatened to kill the state budget unless their priorities were included. None of its members were on the conference committee to have a say in final negotiations, but House Speaker Shawn Jasper reached out to members to market the budget as a conservative one. Ultimately, some House Freedom Caucus representatives voted for the budget due to its inclusion of anti-abortion language and business tax cuts. But, Jasper’s control over the speakership is still in question. With defeats of right-to-work and a House budget, some representatives are questioning his ability to lead. If the GOP retains control in the House, expect several people to challenge him in 2018 to be speaker.

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Gov. Chris Sununu and Secretary of State Bill Gardner are on board to turn over publicly available New Hampshire voter data to President Donald Trump’s election integrity commission. Before that happens though, the matter is under review by the state Attorney General and a petition is circulating the state asking the N.H. House to call a special session to deny the commission’s request.

In a request, Presidential Advisory Commission on Election Integrity Vice Chairman and Kansas Secretary of State Kris Kobach is asking states to turn over “publicly available voter roll data” including full names, addresses, birth dates, party affiliation, voter history, any felony convictions, and the last four digits of voters’ social security numbers.

Gardner, who also sits on President Donald Trump’s voter integrity commission, says he plans to share the Granite State’s information next week if the Attorney General’s office signs off that it’s legal. Gardner said he views the request as a way of crosschecking voters nationwide to ensure that people aren’t voting twice in future elections. His involvement in the commission has been widely criticized by Democrats and advocacy groups who call the commission’s mission a “sham.”

Sununu made it clear that the only information New Hampshire would provide is a voters’ name, address, party affiliation, and voting history, including whether a person voted in a general election and which party’s ballot a voter took during a primary election.

That information is already available to political parties and committees for a price and it should be shared with the commission, Sununu said. The statewide voter checklist can also be viewed by members of the public online, except they can’t “print, duplicate, transmit, or alter the data.” It has yet to be determined if the state will charge the federal government for access to the voter information. Private data — like birthdays and social security numbers — would not be provided by the state because it’s not publicly accessible, he said.

“I think every state should comply. Any state not complying is simply playing politics at this point,” Sununu told MSNBC on Friday. “You have to have a system that people can trust, that people can believe in. And this is simply a review to make sure that where our system is today and where it’s going tomorrow has that integrity.”

As of Wednesday, 44 states have denied the commission’s request for access to their voter information. The White House claims 20 states have agreed to provide the publicly available information and 16 other states are reviewing which information can be released under state laws.

“At present, only 14 states and the District of Columbia have refused the Commission’s request for publicly available voter information,” Kobach said in a statement. “Despite media distortions and obstruction by a handful of state politicians, this bipartisan commission on election integrity will continue its work to gather the facts through public records requests to ensure the integrity of each American’s vote because the public has a right to know.”

Democrats and some legal experts are blasting the request, questioning its legality and saying the data could be used to suppress voters and gerrymander in the future.

New Hampshire Democratic Party Chairman Ray Buckley said under state law it would be illegal for Gardner to provide private voter information. Gardner and Sununu have indicated they would not provide that information as requested by the commission.

“It is disappointing that Gov. Sununu has chosen the Trump administration’s unwarranted request over the privacy of Granite Staters,” Buckley said in a statement. “He is once again falling in line behind President Trump and pledging to hand over our highly personal information to a federal government commission created at best to soothe the president’s ego, and at worst, undermine the integrity of our elections and disenfranchise millions of voters.”

Paul Twomey, a former House legal counsel and attorney specializing in voting issues, sent a letter to top state officials in the attorney general’s office asking them to “immediately intervene to halt any transmission of voter file information to any entities associated with the federal government by the Secretary of State or his office.”

Twomey, who has also served as a lawyer for several Democratic campaigns, argued that Gardner shouldn’t be the one to determine if the state’s information is released since he was involved in the commission’s request for the information as a sitting member of the commission.

“Gardner thus is the requester and should not take part in any decisions about release of this information,” Twomey wrote. “I urge you to immediately review the applicable statutes and take action to safeguard the privacy of the state’s voters.”

Democratic Executive Councilor Andru Volinsky sent his own letter on Monday also saying the state is not required to turn over any information to the commission.

“The Commission has not issued an order or a duly authorized subpoena. Your actions most likely violate New Hampshire law,” he wrote. ““The letter requesting New Hampshire’s voter information makes clear that all records provided to the Commission will be made public. Once the Commission makes our voter information public, it will be subject to commercial exploitation.”

Even former New Hampshire Republican Party Chair Fergus Cullen opposes sharing data with the commission.

To comply with data request is to indulge & spread Trump's fantasy about massive voter fraud. NH should refuse on those grounds #nhpolitics https://t.co/FD1OCPVkCU

— Fergus Cullen (@FergusCullen) July 3, 2017

An online petition on Change.org was created on Monday that is requesting the N.H. House call a special session to discuss the commission’s voter information request.

“Tell the Governor and Secretary of State to deny this frivolous and intrusive request that is unacceptable and a troubling violation of the state’s laws governing public disclosure of voter records,” the petition states.

As of Wednesday, the petition had more than 500 signatures, including several from people who live outside New Hampshire.

Several Democratic state lawmakers have indicated they support calling a special session, but House Majority Leader Dick Hinch called their petition “political grandstanding.”

“I have a high level of respect for Secretary of State Bill Gardner and it’s unfortunate that Representative Shurtleff and others in the Democratic Party have chosen to suggest he would divulge information that is not public,” he said. “If Democrats had a genuine concern about the availability of the data, they had decades to change the law. By petitioning for a special session they demonstrate their political motives and their disregard for the usual and customary legislative process.”

Gardner is looking at a law passed last year that allows New Hampshire to share information from its voter registration database with the Interstate Voter Registration Crosscheck Program.

Under state law, “the secretary of state may enter into an agreement to share voter information or data from the statewide centralized voter registration database for the purpose of comparing duplicate voter information with other states or groups of states.”

The law also stipulates that the state “shall only provide information that is necessary for matching duplicate voter information with other states and shall take precautions to make sure that information in the database is secure.”

The commission has yet to have its first meeting, but Gardner is expected to travel to the first gathering that is scheduled for July 19.

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For 2018, the company was seeking to increase premiums by about 30 percent but is working to organize as a new insurance provider, Minuteman Insurance. It would remain in the ACA exchange but would not be subject to the co-op rules.

“Offering our members a quality, more affordable coverage option has been Minuteman’s mission from day one,” said Minuteman Health CEO Tom Policelli. “We want to continue that mission in 2018 and beyond through the new company we are currently working to organize. Forming Minuteman Insurance Company will allow us to address numerous federal restrictions and work to make our coverage available to more people.”

Nationally, insurers are pulling out of some markets or are seeking to charge higher premiums. Republicans are hoping to repeal President Barack Obama’s health care law, and the Senate is pushing a bill that would leave 22 million more Americans uninsured over the next decade, according to a Monday analysis from the Congressional Budget Office. It would also cut the federal deficit by $321 billion, driven by reductions in Medicaid and smaller subsidies to help people buy insurance.

Minuteman Health is the second co-op to drop out of the New Hampshire market. Community Health Options pulled out for 2017 to focus on Maine, and recently announced it made a surplus after two years of losses. With Minuteman Health exiting, individual and small group customers in New Hampshire will have three options in next year’s exchange: Anthem, Harvard Pilgrim, and Ambetter.