Four Republicans in the New Hampshire House have introduced HB 421. It says that the only individuals who can get on the ballot in a partisan primary for U.S. Senate are individuals nominated by the party caucuses of that party in the legislature. For example, the Republicans in the State Senate would choose one individual to be placed on the Republican primary ballot for U.S. Senate; and the Republicans in the State House would also choose someone. Of course, both caucuses might choose the same person.
The bill doesn’t acknowledge the possibility that a party might have its own primary, yet might not have any state legislators. The bill maintains the existing state law that allows any person to be a write-in candidate in any party primary.
If this bill were to pass, but if any qualified political party chose to oppose it in court, it is likely that the political party would win its lawsuit against the law, as applied to that party. The First Amendment Freedom of Association clause protects the ability of parties to run their own affairs, to a great extent. State legislators are generally not officers of their own political parties. If a party had its own internal rules that require a normal primary, it is likely a court would uphold the right of political parties to continue to let anyone appear on its primary ballot who met the normal ballot access rules, against a state law that gave state legislators special nominating rights for that political party.
The bill’s sponsors are Robert Kingsbury of Laconia, Susan DeLemus of Rochester, Lucien Vita of Middleton, and Joshua Davenport of Newmarket.