By Rosemary Ford and Caitlin Agnew
This article has been edited for length and clarity.
As we close in on the halfway point of the 2026 New Hampshire legislative session, many key bills have been discussed in the House and Senate — legislation focusing on a range of subjects from education funding to voting in elections. What bills should Granite Staters be aware of? Here to discuss that is Anna Brown, executive director of Citizens Count, a nonprofit and nonpartisan organization dedicated to educating voters about the political process, as well as executive director of the Warren B. Rudman Center for Justice, Leadership and Public Service at the University of New Hampshire’s Franklin Pierce School of Law.
Melanie Plenda:
What bills have you been tracking that Granite Staters should be aware of?
Anna Brown:
School funding is probably the biggest issue that I've been tracking in general this legislative session. First of all, there are identical bills in the House and Senate that would define an adequate education in a way that really pushes back on recent state Supreme Court rulings that would require the state to be providing more funding. There are also a few bills that are looking to set up open enrollment, where students would have the opportunity to enroll in different public schools around the state.
Another big trend in bills is looking to allow some separation based on biological sex, or even require it in some settings, such as schools, sports, hospitals and so on. That has been an ongoing issue between Governor Ayotte and Republicans in the Legislature.
There are also some bills related to child care that I'm watching, which is really a perennial issue in New Hampshire that a lot of people agree is a big problem. There's a big shortage, but the state hasn't been able to make a lot of big changes to move the needle.
Melanie Plenda:
What bills do you believe are likely to pass the Senate? What about the House?
Anna Brown:
Almost all of the bills I just mentioned. When we're talking about pushing back on the state Supreme Court school-funding rulings, open enrollment, those child care bills, the bills looking to add separation based on gender identity versus biological sex. They have support in the House and in the Senate. So I really do see those issues as likely to move forward.
That being said, there are a lot of questions about the open enrollment bills and the school-funding bills, so that could slow down their progress. Recently, Governor Ayotte vetoed Senate Bill 268, which would add an exception to the state anti-discrimination laws for bathrooms, locker rooms, sports and so on based on biological sex. That's the second time she's vetoed a bill like that in a year, and so that also could really slow that down.
Melanie Plenda:
Some bills, like House Bill 1792, named the CHARLIE Act, have yet to gain sponsors within the Senate. What does this bill aim to do, and do you expect that it will be backed by Senate sponsors soon?
Anna Brown:
HB 1792 is interesting. The CHARLIE Act is named for [the late right-wing political activist] Charlie Kirk, but they came up with an acronym: Countering Hate And Revolutionary Leftist Indoctrination in Education Act. It prohibits teaching various concepts and theories. For example, it prohibits teachers from requiring students to acknowledge LGBTQ-plus sexuality as “ethical or normative.” Another example: the bill only allows instruction on critical race theory if it is presented as “Marxian theory contrary to American tradition, law and ethics.” This would apply to public schools, but not colleges or private schools or home school, and individuals could sue under the law.
It's pretty sweeping when you think back to a couple years ago, when the state passed a law attempting to ban the teaching of critical race theory that was much more narrowly tailored and has been tied up in court cases. That being said, even though it's a potentially controversial bill, it had vocal support from House Majority Leader Jason Osborne. The fact that it was such a priority for him and for the Republican leadership in the House — and it still didn't get Senate sponsors — I think means it might not succeed in the Senate. Once again, I go back to the fact that it's a pretty far-reaching bill, and sometimes the Senate takes a more cautious approach to legislating than the House.
Melanie Plenda:
In New Hampshire, Republicans control the House, Senate, Executive Council and governor’s office. Has this caused any major disagreements during legislative sessions?
Anna Brown:
Being part of the same political party does not mean agreeing all the time. We've already talked about the bills vetoed by Governor Ayotte related to gender identity and biological sex. She's been very clear that she has no hesitation to veto some other bills she's talked about.
So far, the House wants to repeal the Housing Champion grant program. She says she wants to keep it in place. Other bills she said she would veto includes a Senate-passed bill to increase tolls for non-E-ZPass users as a way to fund road maintenance. She said the bill is dead on arrival if it gets to her desk.
The House and Senate also are not always on the same page, so we discussed how with the CHARLIE Act I'm not sure if it's going to have the same reception in the Senate that it did in the House. Also, the House keeps passing marijuana legalization bills, and the Senate keeps on not passing marijuana legalization bills.
Melanie Plenda:
One issue that is appearing in both the House and the Senate is school funding. Bills HB 1815 and SB 659 both look at redefining what should be included and funded by the state for students to receive a quote-unquote adequate education. Why is this an important issue in New Hampshire?
Anna Brown:
School funding has been a huge issue in New Hampshire for a few decades. Right now, schools are funded through both local and state property taxes, and there's a huge debate around if that's really a fair or constitutional split.
Last summer, the state Supreme Court ruled that the state is not providing enough funding. It's a bit of a simplification, but they really said, “This is on the Legislature to fix. We're not going to tell them how to do it, but they have to do something.”
Now, the two bills you mentioned, they're identical — one in the House, one in the Senate. They’re sponsored by influential Republicans, and notably, both bills state, “How the state and its local governmental entities choose to raise, allocate and spend financial resources to implement this integrated public education system is a political policy matter reserved to legislative and executive judgment and control.” What that means is they're basically writing a state law that says the courts cannot decide that this is an issue for the Legislature.
Now, can you write a state law that's going to override how the court understands the Constitution? The state recently filed an appeal in these lawsuits, arguing the court should overturn their original rulings that found the state had that obligation to be funding schools a certain way. So it's a bit of a showdown, I would argue, between the Legislature and the courts. And, even if this bill passes, I would say that it's really going to depend on how the school-funding cases play out to see what the actual impact would be on school budgets and also our property taxes.
Melanie Plenda:
HB 1196 aims to repeal the state Housing Champion designation and grant program, which helps alleviate New Hampshire’s housing shortage. Governor Ayotte has already said she wants to keep this program. Why would lawmakers want to repeal this bill in the middle of a housing shortage?
Anna Brown:
This bill was basically a way to reward towns that were adopting housing-friendly policies, and so people who originally supported the grant program are now saying, “OK, we’ve made enough changes at the state level to zoning that really this is not going to move the needle as much. The cost of administering the program is not going to give us all that much more benefit in terms of housing down the line.”
That being said, Governor Ayotte wants to put more money into the program in the next budget. I think that in the past, there was more grant money available. Now it's down to, if I recall correctly, about $3 million — which in the way of statewide housing development, is not a lot of money. So if she does have the money to put in the next budget, I think that could make a difference for some legislators. But right now, it's kind of uncertain how our budget's going to turn out at this point, and so I think legislators are very much in the mindset of cut costs, cut costs, cut costs.
Melanie Plenda:
Did anything else surprise you about this session?
Anna Brown:
I was surprised by one bill in particular. The House recently voted down a bill to repeal vaccine requirements for schools and daycares. This surprised me because the bill did have support coming out of committee. So it looked like the Republican majority was going to get on board, and they have a pretty, fairly large majority compared to the Democrats this year.
So I was surprised when the full Republican-controlled House came back and said, “Nope, we want to keep the vaccine requirements.” We've seen a lot more growth in anti-vaccine sentiment in New Hampshire ever since COVID-19. Now, RFK Jr has obviously been doing a lot of advocacy on the national level, sort of questioning whether vaccines are good. But the House, I would say, gave a resounding answer that in New Hampshire we're sticking with vaccine requirements.
Melanie Plenda:
Thank you for joining us, Anna.
“The State We’re In” is a weekly digital public affairs show produced by NH PBS and The Marlin Fitzwater Center for Communication at Franklin Pierce University. It is shared with partners in the Granite State News Collaborative, of which both organizations are members. For more information, visitcollaborativenh.org.