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The Winners and Losers of the New Hampshire Legislative Session

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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What’s Happening With the N.H. House Democratic Caucus?

For the third time this legislative session, a House Democrat switched party affiliation in New Hampshire, highlighting that Democrats are also struggling to remain unified in Concord. It’s been well-documented that House Republicans still have deep wounds from the 2016 election, with two conservative caucuses that have caused trouble for GOP leadership. However, with three lawmakers jumping ship from the party, there are some internal conflicts happening within the Democratic caucus.

Rep. Joseph Stallcop, L-Keene (Credit: N.H. House website)

In total, four lawmakers have changed their party affiliation since the November election. Two Democrats left the party to join the Republican Party and a third left for the Libertarian Party of New Hampshire (LPNH). The fourth representative left the Republican Party for the LPNH.

Rep. Joseph Stallcop of Keene was the latest House members on Wednesday to switch his party affiliation. He switched from the Democratic Party to the LPNH.

“Personally witnessing the situation at Standing Rock showed me the danger of relinquishing power and authority into an institution, while my time in Concord reinforced the ineptitude that can exist by those in charge,” he said. “I originally joined the Democratic Party in hopes of making a difference through critical thinking and my classical liberal viewpoint, yet with the lack of unbiased data in caucuses as well as backlash on votes I’ve independently made, it seems there is no longer a place for me here.”

Rep. Caleb Dyer, L-Pelham (Credit: N.H House website)

LPNH is having a banner year since the November elections. Another lawmaker, Rep. Caleb Dwyer of Pelham switched from the Republican Party to the LPNH in February. The party also garnered enough of the votes in the gubernatorial race to give them official ballot access in 2018.

Max Abramson ran as the Libertarian candidate in 2016, against now-Gov. Chris Sununu and Democratic nominee Colin Van Ostern. He received 4 percent of the vote, the required amount to gain ballot access.

It’s the first time in 20 years that the LPNH had ballot access. When they last had it in the 1990s, the party had four members in the Legislature. Then in 1997, ballot access laws changed to increase the vote threshold needed for a party to retain ballot access from 3 percent to 4 percent.

LPNH Chairman Darryl W. Perry called Stallcop’s switch a “historic day” since it’s the first time in two decades that they have a Libertarian caucus.

Rep. Mariellen MacKay of Nashua changed her Democratic affiliation to Republican in April and Rep. Robert Theberge of Berlin also changed from Democrat to Republican right after the November election.

(L-R) Reps. Mariellen MacKay, R-Nashua, and Robert Theberge, R-Berlin (Credit: N.H. House website)

So now, the House membership is 221 Republicans, 170 Democrats, and two Libertarians. There are six vacancies due to death, resignation, or appointment to a position in Sununu’s administration. One representative has not been officially sworn in yet.

In a House with 400 members, one would think that party changes are pretty common. That’s actually not the case in New Hampshire, or even nationally. According to Ballotpedia, there have only been 79 current legislators in State Houses across the United States who have switched parties since 2007. One of the last people to switch parties in New Hampshire was Sen. Lou D’Allesandro of Manchester. After serving two years as a Republican in the House, in 1998 he ran as a Democrat for the Senate where he still holds a seat and is still a Democrat.

Jumping on the chance to criticize the Democratic Party for losing members, NHGOP Chair Jeanie Forrester blasted out a statement once the news came out on Wednesday that Stallcop was leaving the party.

“Would the last one in the New Hampshire Democrat Party please turn out the lights? Yet another former Democrat has concluded that the party of big government and obstruction is no longer worth being a member of,” she said. “Meanwhile, a significant majority of Granite Staters approve of the job Republican Gov. Chris Sununu is doing in the Corner Office. That’s because working families know that from improving education to investing in infrastructure to strengthening the economy, Republicans are working hard to improve the quality of life for Granite Staters every day.”

House Minority Leader Steve Shurtleff said people shouldn’t read much into three people leaving his caucus.

“It’s just kind of a shakeout,” he told the New Hampshire Union Leader.

However, other Democratic representatives are saying there is a lot of “dissatisfaction” in the caucus.

“Most Democrats would think with the controversy around Trump, we might gain some Republicans, more moderates, and yet we are losing Democrats,” said Rep. Peter Leishman, D-Peterborough.

The current dynamics of the New Hampshire Democratic Party often mirror the national party on what its role should be in GOP-led politics. For the first time in nearly a decade, Democrats are fully the minority party. The U.S. Congress is Republican-run and the White House has a Republican president. The same is true in New Hampshire where Democrats are in the minority of a GOP-legislature and the first Republican governor in 12 years.

The problem is that there are differences of opinion between Democratic lawmakers on what their role is in the New Hampshire House. They’re trying to figure out how to navigate their position and get their legislative priorities passed.

At the national level, many Democrats have been adopting the “resistance” mindset by voting against any GOP bill or watching Republicans fight amongst themselves, as exhibited during the health care debate.

So far, New Hampshire House Democrats have been largely sitting back and watching Republican Party infighting derail the GOP’s own political agenda. Yet, some Democrats want the party to push back more against the Republicans.

This conflict was on full display during the chaotic budget debate in April. After the House failed to pass a budget on the first day due to conservatives voting against it, some Democrats were willing to work with Republican leadership to get something passed. Two Democrats took to the House floor to encourage its caucus to vote for the state budget rider, which was in direct opposition to what Shurtleff told them to do. In the end, 14 Democrats voted in favor of the bill to get a budget passed, but it failed 169-177.

While their party disagreements aren’t as noticeable as the Republicans, its crucial that there is unity within the caucus if they want to block future GOP bills, like they did with right-to-work earlier this year. It’s also important when it comes time to craft a message for elections next year.

One of their next big tests will be in June when the final state spending plan comes back to the House. If conservatives still vote against the budget, House Speaker Shawn Jasper might need to ask them for support. What they do in that moment could set the tone for 2018.

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GOP Infighting Continues: NH House Freedom Caucus to Start PAC

The budget battle is over between House Republican leadership and conservative members in the New Hampshire State House for now, but the political divide between the two factions continues to grow. The NH House Freedom Caucus announced plans Wednesday to start its own political action committee, signaling that the fight for control of the chamber is far from over.

The House Freedom Caucus, a 32-member group taking its name after a similar conservative coalition of Republicans in Congress, is pushing back against House Speaker Shawn Jasper in the next election. They are planning on using money from the PAC to support candidates who believe in “limited government and personal liberty.” The PAC will be chaired by Rep. Dan Hynes, R-Merrimack.

“Last year, Speaker Jasper utilized his PAC to target conservative Republican members in primaries,” said Rep. J.R. Hoell, R-Dunbarton, one of the leaders of the conservative group. “The NH Freedom Caucus PAC will help to protect those members and candidates who stand on principle and refuse to be dominated by a big government House leadership.”

Jasper says he has no plans to target conservative members. In 2016, his leadership PAC helped out some Republicans, but left others to fend for themselves. The main NH House GOP PAC also said it plans on supporting all Republican candidates.

Members of the House Freedom Caucus are not convinced.

“For many individuals who might consider running to serve in the House, they need to know that there will be help if they don’t immediately pay allegiance to a Speaker that is working to rapidly grow government, whether through his vote on Medicaid expansion or on budgets with 10.5 percent spending hikes,” said Rep. Greg Hill, R-Northfield, a member of the caucus.

Conservatives haven’t been supportive of Jasper in the role as speaker for a while. He won the speaker’s post in 2014 with an overwhelming majority of support coming from Democrats. Only a few dozen Republicans voted for him over former House Speaker and conservative firebrand Bill O’Brien.

In the last session, he was heavily criticized by conservatives for supporting a reauthorization of Medicaid expansion and working with Democrats to get it passed.

He also barely won the speakership in 2016 over Rep. Laurie Sanborn, R-Bedford, and a leader of the other conservative House Republican Alliance (HRA) caucus. He defeated her by a five-vote margin, 109-104, on the second ballot in December. Jasper assured lawmakers that he would unify the caucus in time to get legislation passed. That doesn’t seem to be the case so far.

The first test of the legislative session was right-to-work. Conservatives overwhelmingly supported the bill, but moderate Republicans and members of the House Republican leadership weren’t sold on it, due to their ties to unions or people they know in them. Despite the bill passing in the Senate, it failed in the House and people blamed Jasper for not trying hard enough to get it passed. The vote revealed a splintered Republican majority in the House.

The second battle between conservatives and Jasper was over the budget. Members of the House Freedom Caucus did not support the budget that came out of the House Finance Committee earlier this month. They didn’t like that spending increased over former Democratic Gov. Maggie Hassan’s budgets and that the budget lacked tax cuts.

They banded together to vote against the budget until their demands were met. Democrats were already voting against the budget to defy the Republican majority in the House from passing a budget. Conservatives essentially joined them to derail budget negotiations. What resulted was a chaotic two days and the House, for the first time since at least 1969 when they started keeping records of it, failed to pass a budget to the Senate.

Jasper didn’t mince words when he called out the House Freedom Caucus for voting against the budget.

“This is just a movement of people who, I think, are totally disconnected from their constituents and totally disconnected from the facts,” he told reporters after the vote.

It’s important to note that members of the HRA also voted against the budget and led to its defeat. Jasper took aim at their group last week, with leaders of the HRA claiming they have been denied the right to meet in the State House as punishment for their budget opposition.

Three co-chairs of the HRA received a letter stating that their “activities in the State House Complex are hereby suspended” because the organization failed to produce bylaws.

Jasper said he came to his decision on the belief that the HRA has turned into a lobbying group instead of a conservative caucus of Republican representatives, whose membership might extend to people who are not elected officials.

“Once again Speaker Jasper looks to silence the conservative caucus of the State House,” the HRA co-chairs said in a statement. “The Speaker is pathetically trying to provide himself with political cover after failing to pass a budget, something that hasn’t happened in New Hampshire since 1969.”

This was another reason the House Freedom Caucus decided to create a PAC. They don’t believe Jasper is going to spend the funds to help conservatives get elected to the House.

“Based on his recent actions of maligning conservatives in the press and banning conservative House groups from the State House meeting rooms, we have every reason to believe that he will continue to undermine conservative candidates in the next election,” Hoell said.

It’s possible Jasper could see a primary challenger in 2018 if the House Freedom Caucus is serious about padding war chests for conservative candidates. It could also make some representatives who live in relatively safe Republican districts a little nervous as well.

Former Rep. Leon Rideout said the GOP needed to work together or else Democrats could gain control next year.

The next big-item, divisive bill that comes up in the House could further expose deeper wounds within the Republican Party. The House is expected to vote on the budget again later this year, after the Senate passes its version. Who knows what will happen in round two.

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Poll: Sununu Ranks As Popular Governor, Hassan Struggles With Approval Ratings

The rankings for the most popular governors are out and the top 10 are all Republicans. New Hampshire’s own Gov. Chris Sununu isn’t far behind the pack, though, coming in at 16th, highlighting a decent start to the Republican’s first term in the corner office.

Sununu has a 55 percent approval rating, with 22 percent disapproving of the first Republican governor in 12 years, according to a Morning Consult poll released Tuesday.

The New Hampshire online survey was taken between January and March with 644 voters and has a margin of error of 4 percent.

That time period is important because it’s essentially the first three months of Sununu’s term. Politically, a lot has happened during that time and the results could depend on when people were surveyed. For example, Sununu made right-to-work legislation a priority, even mentioning its importance in his inaugural address. Yet, the measure failed in House, where moderate Republicans and representatives with union ties sided with Democrats to kill the bill.

There have been bright spots for the governor too, and these could have led to his positive approval rating. He picked Gordon MacDonald to replace Joseph Foster as attorney general, and MacDonald was widely seen as a great pick across party lines. He was confirmed unanimously by the Executive Council last week, with three Republicans and two Democrats voting for him.

The recent budget battle also probably did not factor into the results either. For the first time in recent memory, the House failed to pass a budget. Conservatives banded together to defeat the House Republican leadership’s budget plan, forcing them to recess before the House could pass a budget. Democrats are trying to paint Sununu as the loser of this budget battle since he couldn’t get his own party, which has a 53-member majority in the House, to pass his, or some version of his, budget.

However, Sununu also stands the most to gain from the House’s failure. The Senate Finance Committee will now begin its part of the budget process and instead of using the House version (since there is none), they’re using Sununu’s original budget proposal as a starting point. The House previously took out his funding for full-day kindergarten, removed increased monies for the Alcohol Fund, and even cut his scholarship program for high school students to further their education. The Senate has been more open to Sununu’s priorities, already passing several bills that honored the governor’s budget wishes.

It remains to be seen what the Senate ultimately does with Sununu’s budget, but if his campaign promises remain in the final version, his approval numbers could increase.

Despite his positive approval rating, Sununu still has a high percentage of voters who don’t know about him. He actually ranked 3rd of all the governors in the country for “most unknown,” coming in at 23 percent. The most unknown governor was Republican Gov. Eric Holcomb of Indiana at 27 percent. That’s expected though for many freshman governors, as voters learn more about them throughout their terms.

Nationally though, Morning Consult’s poll found that more voters are happier with their new Republican governors than with their former Democratic ones.

Sununu, who replaced Democratic Gov. Maggie Hassan, is 3 points more popular than she was before she headed to Washington to serve in the U.S. Senate. Her approval rating was at 52 percent in the fall.

It also appears that Hassan is struggling with her approval numbers. Morning Consult also looked at the most popular senators in the country and Hassan was ranked in the middle of the pack. Her approval rating is 5 points lower than former Republican Sen. Kelly Ayotte, who Hassan replaced in the 2016 election.

According to the poll, Hassan has a 53 percent approval rating among Granite Staters, while Ayotte’s approval was at 58 percent in September. Their disapproval ratings are similar with Hassan at 31 percent compared to Ayotte’s 32 percent before the election. Yet, despite her four years as governor, 16 percent of voters don’t know who she is or have no opinion of her, while only 10 percent said the same of Ayotte in the fall.

New Hampshire Republicans have been trying to call Hassan a rubber stamp of the Democratic Party. They have also called the freshman senator an “intern” of her New Hampshire colleague U.S. Sen. Jeanne Shaheen, since they have similar voting records.

Shaheen is more popular than Hassan, according to the poll. Shaheen’s approval rating is at 57 percent, with 30 percent disapproval, and 13 percent not knowing anything about her or having no opinion.

Hassan and Shaheen aren’t up for reelection in 2018, but Sununu is already expected to face some challengers if he seeks a second term. Democrat Steve Marchard already jumped into the 2018 gubernatorial race, making his candidacy official last week. Libertarian candidate Jilletta Jarvis also threw her name into the fray in March.

In the Morning Consult survey, Republican Massachusetts Gov. Charlie Baker topped the list as the most popular governor with a 75 percent approval rating. The least popular governor was New Jersey Republican Gov. Chris Christie who had a stunning 25 percent approval rating with 71 percent disapproval.

While more Republican governors maintained positive ratings, according to the poll, it’s important to note that Republicans control 33 governorships compared to the Democrats’ 16 governors.

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Why Did Right-to-Work Fail Again in New Hampshire?

Yet again, the House voted Thursday to kill a right-to-work bill. Since the early 1980s, the New Hampshire House has rejected right to work 35 times and despite Republican control of the State House, they still couldn’t get it done this year.

The bill, which would have prevented unions from requiring nonmembers to pay the cost of representing them, failed by a 200-177 vote, with 32 Republicans joining every Democrat to oppose the bill. Fifteen Republicans and four Democrats did not vote. After the bill was voted down, the House brought up a measure, which passed, stating the right-to-work issue could not be brought up again until the next legislative session in 2019.

So why did it fail again? The Democrats argue that right-to-work is union busting, creates a “free rider” problem, and is wrong for the Granite State. If it had passed, New Hampshire would have been the first state in the northeast to have a right-to-work law on the books. However, the politics of the vote reveals confrontational rhetoric, deep wounds within the Republican Party, and the blame game of who’s at fault for letting it fail.

 

“STRONG-ARMING” VOTES

Gov. Chris Sununu made it clear throughout his campaign that he wanted to see right-to-work pass in New Hampshire. He even mentioned it in his inauguration speech in January, saying how the law would be an important economic benefit for the state and would encourage businesses to come here.

Before the vote, the governor said he was not “banging the walls” trying to get House Republicans to vote a certain way. However, behind closed doors, he reportedly told the House Republican caucus on Thursday that “you’re either with us or against us.”

“You’re either a Republican or a Democrat,” and he invited opponents of right-to-work to “go leave and vote with the Democrats.”

High-ranking supporters of the bill also told lawmakers that if they won’t vote in favor of the bill, then figure out a way not to vote against, meaning stay home or abstain.

Rep. Matthew Scruton, R-Rochester, said he was encouraged by his colleagues to stay home because “the roads were slick.”

“I did not listen to that advice,” he told the Fosters Daily Democrat. “This bill was being pushed by several out-of-state special interest groups and was not going to help New Hampshire workers.”

State Republican Party Chairman Jeanie Forrester also displayed some of her strength in her newly elected position at a Wednesday press conference, where she said “for those folks who support the governor,” they will be rewarded in the next election cycle with campaign funds.

Even for outside groups, like the state chapter of Americans for Prosperity, said they wouldn’t support lawmakers who broke their pledge. During each election, the group asks all legislators to sign a five-part pledge, which includes support for right-to-work.

Reps. David Miltz, of Derry, and Rio Tilton, of Seabrook, signed the pledge, but voted against the bill Thursday.

“Have I mentioned that we don’t treat pledge breakers well,” AFP state director Greg Moore told the Union Leader. “If we don’t do something when you break a pledge, the pledge doesn’t mean a whole lot, right?”

This pressure from House leadership, the governor’s office, state party, and outside groups might not have convinced “on-the fence” Republicans who are current or former union members, or know people who are in a union. Rep. Tim Josephson, D-Canaan, said strong-arming the House Republican caucus into voting in favor of something they don’t agree with alienates them.

For some lawmakers, they are concerned about how their vote might play in their home district come election time next year or if they choose to run for local office.

That happened to House Speaker Shawn Jasper in 2012. He lost an election to serve as Hudson selectman, even though he served on the board for years and was the incumbent chair. He blamed his loss on his support for right to work, which failed by one vote in the House in 2011.

 

THE JASPER BLAME GAME

Jasper’s role in the vote is also being questioned by the more zealous right-to-work lawmakers. Some say he didn’t try hard enough to convince people to vote for it and are blaming him for the bill’s failure. Jasper is pushing back saying that’s not true, he supports right-to-work, but it was always going to be a tough sell in the House. Jasper was also endorsed this past election by the SEIU Local 1984, State Employees Association. That endorsement probably didn’t help his cause either.

The speaker barely won his gavel for a second term after defeating a fervent right-to-work supporter in Rep. Laurie Sanborn, R-Bedford. After the December vote, Jasper said he recognized that his party was fractured, but he hoped to move forward and work with all Republicans.

“I think we’d all like to move beyond the issues of the past,” he told reporters at the time. “I’m certainly going to be working with the people who were not in favor of me being re-elected.”

To prove he stood with the governor, Jasper stepped down from the speaker’s podium, went to his seat, and cast a vote in favor of right-to-work. After the vote, he echoed a similar message as he did in December.

“What I’m trying to do, and not everyone appreciates this, is to avoid tearing my caucus apart,” he said.

Despite his sentiments, some Republicans still think his support his disingenuous. Some say he “stacked” the House Labor, Industrial and Rehabilitative Services Committee with anti-right-to-work Republicans.

“There has been an ongoing attempt by a number of Right-to-Work supporters, who facing the possibility that SB 11 will be defeated in the House on Thursday, are attempting to portray me as the reason for such a defeat, alleging that I had ‘stacked’ the Labor Committee,” Jasper said in an email to House Republicans on Wednesday before the vote. “Nothing could be further from the truth.”

At the press conference with Forrester, Jasper pushed back against making right-to-work a “litmus test.”

“I’ve said all along that this is a difficult issue,” he said. “I don’t think this is an issue that should define a good Republican versus a bad Republican. I would not characterize anyone who votes against this as a bad Republican.”

Jasper was then criticized by former NHGOP Chairman Jennifer Horn on Facebook, saying he sent “a clear and consistent message against this legislation.”

“Speaker Jasper has failed the governor and he has failed our party,” she said. “Worst of all, he has failed New Hampshire.

Jasper quickly shot back, saying “her comments shows a lack of understanding of the legislative process and a lack of understanding of the individuality of House members. Republicans are not just mind-numbed robots who do what they are told.”

 

LACK OF UNIFIED CAUCUS OR MESSAGE

Jasper is right in that the New Hampshire Republican Party is fractured and this right-to-work bill further exposed the wounds that have yet to be bandaged. Among the 32 Republicans who voted against the legislation, several of them were from Jasper’s leadership team.

Twenty of the 32 Republicans were from Rockingham County and out of 10 representatives from Derry’s delegation, seven of them opposed it.

The vote also split former allies, including President Donald Trump supporters. Rep. Fred Doucette, R-Salem, a former co-chair of Trump’s campaign and a member of the labor committee, voted against right-to-work. Doucette is also a former union member and said many of his constituents are also union members.

Rep. Al Baldasaro, R-Londonderry, chair of Trump’s state campaign veterans’ coalition, supported the bill, saying “union members in the Republican Party failed us.”

House Democratic Leader Steve Shurtleff told WMUR that the GOP leadership “is trying to paint it as being Democrat versus Republican, but it is bipartisan. I don’t think it plays well to tell Republicans who disagree with this that they will be ostracized by the party going forward. I’ve always told my caucus they are free to vote their consciences.”

It remains to be seen how Jasper and the House leadership plan to unify the Republican caucus, but if another controversial vote comes up, expect to see some divide in the party again.

Rep. Sean Morrison, R-Epping, also voted against the bill and said the right-to-work fight was more of “a matter of message than substance.”

“I too believe this is about freedom … freedom of businesses to conduct themselves as they see fit, and freedom from overreach by government in private business matters,” he told the Union Leader. So let’s lower energy costs, lower business taxes, less red tape and less government interference in employee/employer relationships, as we should in the Live Free or Die state.”

Sununu said he was “deeply disappointed” in the result of the vote, but isn’t going to let this failure define his term.

“It is clear that some House members did not understand this opportunity to unleash the untapped potential of our economy,” he said in a statement. “I know that we can continue to work collaboratively on initiatives that will drive new business into the state. Right-to-work, though important, is just one piece of a broader effort to promote economic development, signaling to our nation’s business community that New Hampshire is open for business.”

 

WHAT COMES NEXT?

Expect to see a push on further cutting business taxes in the state. Former state Rep. Joe Sweeney also hopes that becomes a focus of the administration.

There’s also a national right-to-work bill that has been introduced in Congress. If that passes and Trump signs it, New Hampshire will have to comply with it. It has a possibility of making it through, since Republicans hold majorities in the House and Senate, but it’s almost certain that Democrats would filibuster the bill if it reaches the Senate floor.

It’ll also be important to keep an eye on the 32 House Republicans that voted against right-to-work next year if they seek reelection. Will the NHGOP find someone to challenge those representatives in a primary fight? Will they see any funds from the party for reelection?

However, don’t expect right-to-work to be gone for good. If the GOP can hold on to the State House in 2018, it can push the legislation again.

“It’s always been a heavy lift,” Moore told the Union Leader. “This cause can succeed but only if you make it a prolonged message which galvanizes the support for free enterprise that is out there across this state. We’re bowed but not beaten.”

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