Democrats Cut State Funding for Defending Against their Lawsuits

by | May 25, 2020 | Legislation, Opinion, Special Alerts

The NH Democrat Party and allies sued the State to overturn HB 1264 and SB 3.

The State’s Attorney General has the constitutional duty to defend the state and it’s laws.
That includes laws passed by previous legislatures, including election laws enacted by SB 3 and HB 1264.

Democrats in the Legislature don’t want the State is defending against their Party’s lawsuits.
Recently, Democrats on the Joint Fiscal Committee voted to cut Attorney General’s litigation fund.
The intent was to eliminate funds needed to defend HB 1264 and SB 3 against the Democrat Party lawsuits.

This effort to hamper the State’s ability to defend these laws goes back to January 2020.
On January 10, 2020, Joint Fiscal Committee Democrats rejected an AG request for general litigation funds.
They said they “voted to cease funding for two cases which put voting rights of Granite Staters in jeopardy.

The Attorney General issued a January 16, 2020 letter (click here to read it), making these points:
A statute enacted expressed the policy of the State made by the people through elected representatives.
The Attorney General is obliged to defend any duly enacted statute against any constitutional challenge.
The product of the legislative process is presumed to be constitutional and the AG policy is to defend it.
The Attorney General has no discretion to pick and choose which statutes to defend.
That a legislative majority could control or interfere with litigation raises serious concerns.

We know that Democrats have a major interest in having non residents voting in New Hampshire.
They bring lawsuits to try to void laws that the NH Supreme Court has declared constitutional.
Now they’re working to eliminate funding that enables the State to defend against their lawsuits.

This year we need to elect a Legislative majority in Concord that protects NH voters instead of itself!

Posted by GST Chairman Ray Chadwick


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