As a grassroots organization dedicated to the principles of participatory democracy and government accountability, the Kent Street Coalition calls on the New Hampshire House and Senate leadership of both parties to do whatever they must so that the Legislature is once again able to convene. Though we recognize the challenges inherent in the task, the people require no less.
Part of the genius of America’s constitutional form of government is the concept of the separation of powers. This is the idea that the three branches of government – executive, judicial and legislative – have unique powers and responsibilities that balance each other and serve as a check on overreach by any one branch. It is a principle and structure built into both the U.S. and N.H. constitutions. As John Adams said in an 1816 letter to Thomas Jefferson, “I say, that Power must never be trusted without a check.”
Foundational to both our state and federal constitutions is the idea of representative government. That is, we elect those who can speak for us and advocate on our behalf. In New Hampshire, the value we place on this aspect of our democracy is evidenced by the size of our House of Representatives. At 400 members, it is by far the largest state legislative body in the country. We are rightly proud of our citizen Legislature.
However, as we face one of the greatest health and economic crises of our lifetimes, we have been doing so thus far without this Legislature fully functioning.
On March 12 the House met in a marathon 19-hour session that lasted into the wee hours of the night to ensure that important bills would remain alive for consideration and to meet its obligation to see to the “people’s business.” The Senate also met to make sure it had met its obligations. Thereafter, both chambers wisely suspended their sessions over concerns about the health and safety of their members, their staff and the public. Since that time, the State House has remained shuttered. We know that individually, legislators are working hard to address the needs of their constituents. But as a representative body, our Legislature has been on the sidelines for the last seven weeks.
Just as it has disrupted all aspects of life in New Hampshire, COVID-19 has disrupted our representative system of government and the delicate balance of powers envisioned by our state constitution. The absence of the Legislature would be crippling in ordinary times. In a pandemic such as this, it undermines the very democratic structure so essential to facing head on the challenges and difficulties that lie ahead.
Three of the most central challenges facing our state right now are how to protect the public health, how to restore a functioning economy that addresses the needs of those most severely impacted by the crisis and how to conduct safe, secure and fair elections in this time of COVID-19. Critically, we must ensure accountability and transparency in the expenditure of state and federal emergency funds.
The role of the Legislature in addressing these challenges is essential. We have already seen the disruption of the balance of power with Gov. Chris Sununu bypassing the bipartisan Joint Fiscal Committee of the House and Senate to determine how federal emergency dollars should be spent in favor of the Governor’s Office for Emergency Relief and Recovery (GOFERR), which he created and whose members he appointed. A lawsuit has been filed and litigation is ongoing in regard to this seeming power grab . . . the very sort that John Adams warned us about.
We have also seen the crucial need for citizen voices to be heard. The most fundamental right of our democracy is the right to vote. In 2018, Granite Staters went to the polls in record numbers because they recognized the importance of making their voices heard at the ballot box. That right is currently threatened by the stark realities of COVID-19, as we recently witnessed with the election debacle in Wisconsin. Although we appreciate the efforts of the governor and the secretary of state to address the difficulties of holding elections in the midst of a pandemic, legislative fixes may be necessary to address some of the issues unique to the current election cycle. It is essential that our Legislature return so that they can enact whatever short-term statutory changes are needed to ensure safe, secure, voter-friendly and fair elections in 2020.
But seven weeks into this crisis, we are far from having the functioning Legislature we need to address these critical issues.
We don’t know or understand why this is taking so long, but we are grateful that the technical issues seem to be resolving. Evidence of that is that some House committees are starting to meet remotely. The Joint Legislative Fiscal Committee has met and voted multiple times. The House Fiscal Committee met this past week and will meet again on May 8. The House Municipal and County Government Committee will meet this week. Other committee meetings will follow. This is good news.
But why is the House having just one committee meeting per week and why are plans not already in place for the full House to meet? We recognize with 400 members that the practical and technical challenges are great, but surely they are not insurmountable. We also understand that the health and safety of all must be of paramount concern, but again, alternative venues and online technology provide viable solutions.
And why, with only 24 members is the Senate not meeting at all?
Perhaps there are satisfactory answers to these questions, but with little transparency, we the people are left to wonder.
It is our hope and expectation that leaders of both parties are doing everything possible to reopen our state Legislature. It is, after all, the Legislature’s most fundamental charge to make sure it can meet, especially in a time of crisis. We call on Senate President Donna Soucy, Senate Minority Leader Chuck Morse, House Speaker Steve Shurtleff and House Minority Leader Dick Hinch to report to the people the steps they are taking to overcome obstacles to reopening and when we can expect our Legislature to be once again fully functioning.
As they always have, Granite Staters are pitching in to relieve the hardships so many, especially those least able to bear the cruel burdens of COVID-19, are facing every day. But, we all know that we can’t do this alone. We need our Legislature back in action today. We need our democracy back, with the balance of powers restored and full representation of the people. It is our best hope for the future.
(Louise Spencer of Concord is a co-founder of the Kent Street Coalition.)