Some legislation has passed despite vast public opposition, but advocates say personal stories from voters still have an impact
By Kelly Burch, Granite State News Collaborative
When Gov. Kelly Ayotte signed two pieces of legislation last week — universal expansion of the state’s school voucher program and a parental bill of rights — she did so even though thousands of Granite Staters submitted testimony in opposition to those bills.
For some, the discrepancy was concerning.
“At key moments during the legislative session, we observed a lack of alignment between what constituents were elevating from their communities and the policy that was advancing in our State House,” said Nicole Heimarck, executive director of Reaching Higher NH, a nonpartisan nonprofit focused on education policy.
New Hampshire has the largest legislature among U.S. states, with 400 representatives and 24 senators, which "makes our lawmakers very accessible,” Heimarck said. Online streaming of legislative sessions and the ability to submit testimony online also increase accessibility, experts say, yet the results of the current legislative session show that lawmakers don’t always vote in line with what’s been expressed by constituents.
“On a lot of really hot button issues that have clear partisan lines, it’s true that public testimony is not as impactful,” said Anna Brown, executive director of Citizens Count, a nonprofit that provides information on legislation and helps voters engaged with elected officials.
What impact can voters have?
During COVID, the state moved to stream legislative sessions and allow for online testimony through the General Court website.
This legislative session, online access led to a lot of public input, including 30,108 voters expressing opposition to a bill (HB 283) that would have cut subjects from the definition of an adequate education. That bill, which 71 voters testified in favor of, did not move forward.
A bill (HB 524) that would have repealed the N.H. Vaccine Association — which purchases vaccines at a discount and has no impact on vaccine laws — was retained in committee after 3,552 people testified against the bill online, and just 193 testified in favor.
In other areas, however, public opinion didn’t ultimately impact how legislators voted. For example, 3,414 people testified online against expanding the school voucher program, while only 791 testified in favor. Still, that bill (HB 115) moved forward and the expansion was signed into law June 10.
The parental bill of rights law (HB 10) was also signed that day, despite testimony in opposition from 1,208 voters (174 were in favor).
Brown said public input is sometimes less effective on issues that the party in power — the Republicans in New Hampshire currently — have identified as a priority.
“Party pressure is a big factor,” she said.
Brown noted that party unity — a metric used to track partisanship — has been steadily rising in New Hampshire and nationally.
“There are more votes where there is a clear line drawn in the sand between the two parties,” she said. Party leadership can apply a lot of pressure to vote certain ways in those situations, she said, or legislators may feel that they’ve been elected on a party platform that includes voting for certain laws.
“Their mind is already made up,” she said.
Brown has also heard from lawmakers who are “a little suspicious of” online testimony. Some lawmakers say there’s no way to verify that online testimony is truly from New Hampshire voters, and they claim that special interest groups are disproportionately impacting public testimony online, she said.
“Since you don’t have that person in front of you speaking, it's easy to dismiss,” she said.
Voter input, especially personal stories, are still powerful
Despite concerns about whether voter voices are being heard, the public did affect some issues during the session, said Kate Frey, vice president of advocacy with New Futures, a nonprofit that pursues evidence-based policy solutions.
“We saw that public input did make a lot of difference in outcome, especially on the Senate side,” she said.
The state budget proposed in the House initially included a 3% cut in Medicaid reimbursement rates, but the Senate budget — approved June 5 — reversed those cuts, in large part due to public testimony, Frey said.
“There was a lot of input,” she said. “The Senate Finance Committee said [it] heard negative opposition around Medicaid cuts.”
Brown also pointed to the major impact of public opinion on adding exceptions for fetal abnormalities to the state’s 24-week abortion ban in 2022. Sen. John Reagan, R-Deerfield, initially voted against the exception, but later changed his votes after listening to “the testimony of the moms and the almost moms.”
The abortion vote was a “super-polarized, hyper-partisan issue,” Brown said, and yet “that is an example where, yes, personal stories do still make a difference.”
How to effectively engage with legislators
When it comes to making sure legislators hear your voice, “that personal touch is key,” Brown said. Frey agreed, saying messages from lobbyists are “never as effective as that person who has that lived experience.”
If you submit testimony — even online — try to add your personal reasons for supporting or opposing a piece of legislation, they said.
“It’s very easy for a legislator to come up with reasons to dismiss someone signing an online submission or quick online form,” Brown said. “It’s much harder if it’s a real voice: a person in front of them or a personalized email with a personal story.”
While there’s no sure-fire way to influence legislators, phone calls are often the strongest option.
“When people get phone calls, they really listen,” Frey said. “Emails are effective, to a point.”
Still, if you only have the time or bandwidth to submit basic online testimony, do that.
“You have to meet people where they’re at,” Frey said. “Sometimes that’s all they can do.”
Submitting online testimony can be a great first step for people to get involved with the legislative process. After that, they might feel more comfortable sending a personal email or making a phone call, according to Frey.
Heimarck said that, even if public opinion isn’t affecting legislative votes, organizations such as Reaching Higher are watching and listening to that testimony. That’s in part why the organization tracked the impact of public opinion this session, she said.
Feeling that your voice isn’t being heard can be frustrating, Brown said, but voters should continue to express their opinions in whatever way they can.
“Democracy only works when we all put in the hard work,” she said, “even when it feels like an uphill battle or like you’re not winning.”
These articles are being shared by partners in the Granite State News Collaborative. For more information, visit collaborativenh.org.