To: Members of the Board of Aldermen
From: Alderman-at-large Dan Moriarty
Date: October 10", 2017
Submitted for acceptance at the October 10" regular Board of Aldermen.
Summary: The Aldermen should request that the City Clerk prepare pro and con information to
inform the public about the ballot question on the performing arts center. However; if the City
staff feel they cannot safely prepare information that does not violate RSA 659:44-a in which
case no further action will be taken regarding informing the public relative to the arts center
ballot question — and avoid committing a misdemeanor.
First: there is a state law which forbids public employees from trying to affect the outcome of an
election.
659:44-a Electioneering by Public Employees. — No public employee, as defined in RSA 273-
A:1, IX, shall electioneer while in the performance of his or her official duties or use government
property, including, but not limited to, telephones, facsimile machines, vehicles, and computers,
for electioneering. For the purposes of this section, "electioneer" means to act in any way
specifically designed to influence the vote of a voter on any question or office. Any person who
violates this section shall be guilty of a misdemeanor.
Second: Nashua Revised Ordinances 23-15 states that the city shall provide pro and con
information to the voters explaining a ballot question. It is possible that enacting 23-15 could be
inconsistent with RSA 659:4-a so care must be taken.
Chapter 23: Elections and Campaigns
Article tlt Referendum Questions
23-15 Information and arguments
Whenever a measure is submitted to a vote by the qualified voters of the City pursuant to Sections 98
through 108 of the City Charter, the City Solicitor/Corporation Counsel shall prepare, and the City Clerk
shall publish, information and arguments pro and con upon each measure. Such information and
arguments shall, prior to publication, be approved by 2/3 of the Board of Aldermen, and publication
shall be accomplished by the printing of such information and arguments in a newspaper of general
circulation in the City not less than seven days prior to the day the measure is to be voted upon. The City
Clerk may also take such steps as he shall deem appropriate to give such information and arguments as
wide a distribution among the voters as possible.
Next: Charter section 102 says that the Board of Aldermen is allowed to have the city vote on a
question about a topic the Aldermen normally has authority over. We have made use of this
clause in order to generate the ballot question on the arts center.
§ 102. Referendum measure from board of education submitted to popular vote, when
The board of aldermen may, of its own motion, and shall, upon request of the board of
education in case of a measure originating with said board of education and pertaining to the
affairs under its administration, submit to a vote of the qualified voters of the city for adoption or
rejection, at a general or special municipal election, any proposed measure, or a proposition for
the repeal or amendment of any measure, which the respective board may, after this act [charter]
