Tag Archives: new hamsphire

Worthy of a Repeat

Although from March 15, this editorial by Nancy Martland deserves repeating in the “My Turn” section of the Concord Monitor deserves repeating in light of the controversy surrounding wind energy proposals in the western highlands of New Hampshire.

“My Turn: Let’s make state energy policy fair”

By NANCY MARTLAND
For the Monitor
Friday, March 15, 2013

A March 11 Monitor editorial, “Planning New Hampshire’s energy future,” stated:
“Above all, lawmakers would be foolhardy to grant cities and towns veto power
over state approval of wind farms and transmission lines.”

Really? Most people I talk to at first refuse to believe me and then are shocked
and outraged to learn that towns have no decision-making role in the state
energy regulatory process. Or that a Site Evaluation Committee permit preempts
all local ordinances and regulations.

The very idea that a state agency can permit a project over towns’ objections
while excluding them from participation in the decision goes outside what most
people understand as democracy.

It would be one thing if the process were perceived to be fair, but many argue
that the rules and process currently in place are stacked in favor of big
corporations and that the present system is fundamentally unjust. Why? Because
towns have no decision-making role and opposition therefore involves legal
action. Who is best suited to wage legal warfare, small towns with limited
budgets or big corporations who have fleets of lawyers at their command? The
term “railroaded” is especially apt, since the doctrine of preemption originated
with 19th-century railroad barons who did not want to deal with localities while
acquiring land.

Surely the Monitor is not in favor of big corporations riding roughshod over
local communities that seek to protect themselves from damaging energy projects.
Surely some formula which allows affected towns a role in the decision-making
process is only fair. Surely the Monitor does not suggest that simply because a
project is proposed, it should be allowed to proceed even if the process is
unfair and a remedy is available.

Which is more important: a streamlined regulatory process or a fair shake for
everyone?

Incidentally, the state of New York “changed the rules with the game under way”
by removing eminent domain when New York Regional Interconnect, a proposed HVDC
line similar to Northern Pass, was on the table. The project was withdrawn,
since it could not complete its route with taking land forcibly. Guess what?
Champlain Hudson Power Express was proposed soon thereafter. Anybody who thinks
Hydro Quebec will let a little thing like a rules change stop it from selling
the United States its power needs to pay more attention. It’s amazing how
adaptable businesses can be when there’s a lucrative product to bring to market.

(Nancy Martland lives in Sugar Hill.)

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The Cost to Benefit Ratio of Ignorance: aka Free State Project-NH

A FSP elder?

A FSP elder?

Demonstrating once again that our American public education system is sadly underfunded, Free State Project adherent and generally creepy, obviously not employed wannabe journalist David Ridley harasses a volunteer New Hampshire state rep.  Now, firstly, as someone points out in the comments on the you-tube site, the Department of Ed is a federal program, not a state one and thus it would seem the place to gripe and argue about public education would be on the federal level.

But we know that the Koch Brother’s Ground Crew isn’t interested in attacking the federal government, what with having to fight for space with professional lobbyists and all. The best place they’ve determined to put up the anti-regulation/return us back to feudalism cause is at the states.  We’ve all seen this in action with the ALEC agenda started with Ronald Reagan in the 80’s. Because well, you know, corporations are just killing themselves for a chance to educate our children, clean our air and water and generally keep us all healthy, happy and able to pursuit life, liberty and all that, amirite?

Of course you knew I was joking. Those of you who paid attention in your public school and listened to your union paid certified teacher I’m sure understand the irony of people who can read and write thanks to the public education system saying as adults that they don’t want to pay a share of cost for others.

Ridley asked, “Are you going to force me to pay for that?”  To which the rational viewer must ask, “How much does ignorance cost?”

Onto Susan the Bruce wherein the vile video sits.

by No, I’m Not a Guy You Idiot

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Grafton Voters Speak – No Wind Farms and No to Free Staters

angus signThe Free Staters no doubt are running for the proverbial Tylenol as they suffer their after-party hangover. Voters in Grafton sent a clear message to the Free Staters that their anti-government anarchism is not welcome or wanted.  As reported on Wednesday, March 13th (yesterday) in the Valley News, voters in the town of Grafton roundly rejected the Free Stater attempt to take over their town by slashing their budget by 13%.

At the town deliberative session the spending cuts passed by only one vote (33-32).  Those who watch the Free Staters and their antics may recall how the Free State Project adherents did everything short of dance in the streets and declare their colonization of New Hampshire near complete over this vote.  Of course the natives took note and took up their ballot pens in defense of the town and culture they have built.

In other votes the town voted down the Wild Meadow Wind Farm proposed by Iberdrola, a wind turbine company out of Spain.  Although this won’t stop the process of wind turbine approval, which is far more complex (involving the SEC), the town’s voters used the ballot box to express their lack of support for turbines on their highly prized ridgelines. The vote tallied 160 for the wind turbines against 366 opposed.  This vote also sent a message that the town of Grafton questions the SEC approval process as it stands at this time.

Please see the full article in the Valley News for complete story.  Grafton: Free Stater Bid to Slash Budget Rejected; Wind Farm Fails.

For more information on the Wild Meadow Wind Farm proposal and its argument against the value of wind power generation in New Hampshire.  We encourage all people to study wind energy generation, its return for energy consumed, the negligible to zero effect on reducing greenhouse gas production and most importantly and the environmental costs that result from the infrastructure development required for wind turbine placement.

Iberdrola Wild Meadow Wind Farm Industry Summary as presented to the town of Danbury, 10/2012

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Urgent Action Needed Now!

This Tuesday, March 5 at 1pm the New Hampshire House Science, Technology and Energy Committee will vote on two important bills effecting New Hampshire environmental and energy future: HB 580and HB 484wind turbine under construction

Both of these bills relate to the expansion of wind turbines in the western and northern regions of the state. Both of these bills currently rest in committee.  A large portion of representatives considered “retaining” the bills which essentially means they sit without action for an indefinite period — while energy industries continue unabated with their development within currently outdated and insufficient guidelines and rules.

We urge people to call the committee members and their house representatives to tell them to pass these two bills and get them out of committee and onto the house floor for a full vote.  Click on the link below for a full listing of committee members with links to their email address and telephone numbers.  Most NH Reps are very responsive to citizen inquiries and will answer phones and emails promptly and always will read them.

House Science, Technology and Energy Committee

Senators in support of or acting sponsors of the HB 580:

Sen. Jeannie Forrester – sponsor

– Sen. Jeff Woodburn – supporter

HOUSE BILL 580 proposes a moratorium on any further construction of wind turbines or transmission lines.  Linked above, the bill text is short and to the point.

A moratorium on any further construction or approval of transmission lines (as originally intended by the bill’s authors) and wind turbine development will allow communities and all stakeholders a chance to develop stricter and more appropriate guidelines for renewable energy development.  Industry has threatened that the renewable energy time table will be lost causing the RSP to spin out, they have threatened that they will leave the area, never to come back again if they don’t get what they want now.  They also threaten that federal tax credits will soon expire, presumably never to be resurrected again.  None of these claims have any basis in reality.

Ironically committee members expressed their desire for more information on the issue, many of them stating that they just didn’t have all the facts. Without the moratorium, the SEC will continue its approval process unabated and the people will not have the information and the facts so desperately needed on this issue.

The wind turbine industry has threatened that waiting will cause them to look elsewhere; that a wait signals ‘bad to do business in New Hampshire’.  Seems rather disingenuous when at the same time industry lobbyists say that they have the communities’ concerns at heart, that they are confident of the quality and sustainability of their product and that they will work with communities.

HOUSE BILL 484 sets parameters for the SEC to consider aesthetic issues relating to the placement of structures, particularly their visibility “without amplification by the human eye”.  Most importantly HB 484 will add to the existing SEC rules of RSA 162-H the following regarding public input:

6 New Section; Public Approval. Amend RSA 162-H by inserting after section 10 the following new section:

162-H:10-a Public Approval.

I. The site evaluation committee shall determine whether any part of any structure of any proposed project is visible without amplification to the human eye from public property in a particular city or town. Its determination shall be based on information provided in the application and any change in or amendment thereto, any petition filed under RSA 162-H:7, VII, at any public hearing, and in any other balanced way deemed appropriate by the committee.

II. For each city and town in which the committee finds in the affirmative and for which a petition under RSA 162-H:10, VII was submitted, a vote shall be taken in such city or town at the next regular meeting of its legislative body. The question before the voters shall be as follows: “Are you in favor of the state approving the energy facility project proposed by ________________ for the city/town of _____________, specifically a [insert “power plant,” “windmill farm,” etc.] off _______________ road?”

III. The town or city clerk shall certify to the site evaluation committee the result of the vote in his or her community, and the committee shall total the votes for all participating communities taken together.

IV. No proposed project shall be granted a certificate where the total of the negative votes of all participating cities and towns taken together exceeds the total of the positive votes; provided, however, that such a certificate may be granted if subject to the condition that no part of any structure of the proposed facility is visible without amplification to the human eye at any time or season from any public property.”

LET THE SEC DO ITS WORK:

When this writer talked to some members of the committee, the trust in the SEC and its process was remarkable.  But assumptions can be dangerous.  Currently the rules that govern the SEC (Site Evaluation Committee) fall under RSA 162-F and RSA 162-H and deal mostly with traditional power generation plants such as gas, coal and nuclear.   Unfortunately although the wind industry has developed on some small scale within New Hampshire there exists no firm guidelines for the SEC to follow regarding the development of wind energy in the state.  In 2007 a group of industry experts and other stakeholders put together a proposal of guidelines for wind, but the SEC has failed to adopt the proposed guidelines.

An amendment was proposed by Bob Backus (d) and Susan Arnold of the Society for the Protection of New Hampshire Forests (SPNHF) that would demand that the the committee recommend that these guidelines be updated and adopted by the SEC.  But this amendment was proposed as a compromise to the resistance of some members of the committee to move on a moratorium.  While the updating and adoption of the 2007 rules is needed, many see this as still allowing a loop hole through which current applicants can jump through.  The amendment fails to mandate that all applications stop until further research and updating is complete.

At the working session last Tuesday an industry rep for PSNH spoke of her familiarity with the working group that drew up the 2007 guidelines, noting “I was around then.”  She noted that the process took at least a year.  Can we or should we depend on the industry to be willing to wait a year or more for the new guidelines to come online? Can we have faith that they will not pressure the SEC to continue their current permitting process and allow development unabated?

One has to wonder if the SEC is willing or ready to deal with the complex issues of wind energy if they have not bothered to adopt or even request an update of the proposed guidelines of 2007.   Most markedly, if one bothers to scan the guidelines, it is clear that the working group admits that they have only a small amount of data to go on and that further study on the issue of wind energy generation is urgently needed and that was in 2007!

THE SEC PROCESS:

Many of the representatives in the committee pointed to the “Antrim Decision” as proof that the SEC does in fact do their job in hearing out a communities concerns and will rule accordingly.   Unfortunately, as was pointed out in testimony at the February 19th hearing in Representative’s Hall by an Antrim resident and activist, it took four long hard years for the community to come together — all volunteer — to combat the paid wind industry lobbyists.   It is worth noting as well that Antrim was the only town that was able to stop a wind project from gaining SEC approval even though numerous projects have gone online over the years, not all with shining success.   Groton Wind Farm, LLC (Iberdrola satellite) already has caused problems that are currently pending before the SEC.  Although the issues, placement of buildings and poor road maintenance are disturbing in and of themselves, most troubling is Iberdrola (in this instance Groton Wind Farm, LLC) seems to demonstrate poor management if not outright dishonesty in its practices.

The rules governing the SEC process, 100-300 spell out in detail the process by which hearings are held.  It is clear from reading the guidelines that general court procedure is followed with rules of discovery, cross examination and petition by the public or “interveners” that may be cumbersome and difficult to navigate for those not legally trained.  HB 484 gives more direct empowerment to communities at least on the issue of site placement a more direct and democratic process.

TRULY GREEN OR JUST ‘GREEN WASHING’?

You know, the “green” packaging at stores, touting that a product has a better carbon footprint of some competitor, that a product’s production used less energy or that a small portion of the product’s content is made up of recycled material?  Ever cynically wonder if all that is really true or just a lot of fluff? Ever stop to consider that possibly there’s a certain irony to a company making a profit off of increased consumption while calling itself ‘green’?

In our haste to reduce greenhouse gas emissions we must examine all options carefully and intelligently.  Enough data exists from wind turbine energy production around the globe to draw serious questions that must be answered.  The core cause of our current environmental crisis has more to do with past ignorance of the grave costs of energy generation to our environment and health.  It seems that now in the 21st century we should have the wisdom to know that the first order of business is to all options consider carefully. While wind energy may not, in the simple view produce CO2, many portions of its construction do:

– wind turbine sites require extensive deforestation for access roads and maintenance buildingsas one person notes on windeffects.org, deforestation removes vital natural environmental scrubbers for CO2 gas.

– the irregularity of energy generation by wind requires backup from traditional fossil fuel resources in order to balance out its lackluster and irregular contribution to the power grid.

– wind power can only provide an efficiency of around 10-17%, figures of 30% efficiency touted by the industry constitute only the highest efficiency in the best conditions, such is never consistently provided by wind.  In fact the only locations in New Hampshire where turbines might have a “good” to “moderate” rating are on the tops of currently valued and protected mountaintop ridgelines.

– wind turbines as proposed for New Hampshire and elsewhere are expected to tower at 454′, requiring footings as large as 20′ square, some estimates are as high as 60′ x 20′ deep.  The excavation required for any footing is always far larger than the footing itself, so consider this estimate conservative for the destruction of landscape.  This is particularly important when considering the ‘bony’, that is rocky terrain of New Hampshire.

– currently EPD Energy has plans to move forward on a project that will directly impact the Mount Cardigan State Park and the surrounding towns.  Mount Cardigan is a popular tourist destination and part of the Appalachian Mountain Club’s system of with a lodge that hosts nearly 8,000 overnight guests a year and maintains a network of trails throughout the western region.  It is estimated that the Mount Cardigan trails serve over 15,000 hikers a year in all seasons.  EPD energy’s proposed wind installations will sit directly on current trails impacting this vital gem of New Hampshire’s western region.

– the owner of the Rumney Village Store recently told this writer that his business jumps up 600% in the spring and summer months as tourists come to enjoy Newfound Lake, Rock Rumney and the surrounding mountains and hills in the area.  They don’t come to walk wide deforested access roads to wind turbines.  While a few turbines may not be intrusive, an industrial wind “farm” of nearly 500′ turbines planted close together along ridgelines with access roads to each carved out of the forest is quite another matter.

Newfound Lake, a popular destination spot nestled in the western mountains of the state. Prime real estate, natural recreational areas and resources are threatened by wind farms proposed for the area.

Finally, the elephant in the room when discussing energy use and generation is conservation.  The acceptance of the paradigm of expanded consumption to drive economic expansion and profit must be challenged at its root.  While the reduction of greenhouse gasses in the production of energy must continue, this cannot carry on in a vacuum.  The time when energy was seen as cheap and easy has come and gone; manifest destiny has played out.  We’ve drilled, blasted, dug, carved, scraped and soiled our planet to the point where we lay on the precipice of near destruction.

In addition, in the vein of continued consumption and individualized technology we’ve become more disparate and more disconnected from our communities and ourselves.   Our national government has become enmeshed with global corporate power on a level never before seen.  Disconnected from local communities and their needs, giant corporations intrude on communities to exploit the local citizenry and extract their resources, whether natural or human, for their own profit, returning little if any benefit back.  Sustainability for the future must consider the long term health and growth of a community — for its own sake, not for the profit of a few large companies that will inevitably leave the unprofitable mess for the community to deal with.

For further information see links below:

windeffects.org

NH Windwatch.org

Wind: The Whole Truth

Wind Turbines Show How Costly Free Can Be : Minnesota Public Radio

Wind Power’s Dirty Secret: Its Carbon Footprint: KATU.com, Portland Oregon

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Happiness is a Warm Gun

John Burt - Happiness is a Warm Gun.docx

Rep. Burt demonstrating why its important to carry guns at the state house.

In a gallant show of concern for over-run PC-style sympathies at the state capital, House Representative John Burt (R, Goffstown) states that flying the state house flag  at half-mast in respect of the children lost in the Newtown CT tragedy is another example of the politically correct (otherwise known as sensitive, caring and considerate) folks have gone too far this time.

As Susan the Bruce points out quite clearly, Burt knows how and when to show sympathy and concern for children by voting against extending mental health care services for children and voting against the anti-bullying law as well.

Good show Burt!  Burt explains that he’s concerned  too and thinks its time to arm teachers with guns. Total genius we say, because killing kids has shown to be such a good solution in the past, why not turn schools into an all-out war zone?  Teachers have got a bad rap in our society that’s for sure and as recent history tells us there’s no better solution for frustration than a warm gun.

In fact, as William Tucker of Miscellany Blue tells us Burt also recently announced that he believes laws are made for breakin’ and that’s just what he’ll do, as in carrying his weaponry where ever he pleases, whether forbid by law or not.  Because well, nothing should ever get between Burt’s itchy trigger finger and a short shaft, not even public safety or common sense.

We encourage everyone to let Burt know what they think of a legislator empowered with making laws , disrespecting the laws already written.  Here’s his contact information as posted on the NH state representative’s roster:

Representative John Burt,
7 Bay Street, Goffstown NH 03045-2634
Phone: (603)-624-5084
Emailjohn.burt@leg.state.nh.us

Mr. Burt apparently has a website of his own, but you’ll have to look that up yourself, we aren’t into promoting stupid up here in these parts.

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Clueless Chambers of Commerce in Nashua and Manchester Don’t Support Their Communities or People

powerlines in hondurass reported below by a writer to of a letter to the editor, the Chambers of Commerce of the two largest cities in New Hampshire have come out in support of Northern Pass.  Even though its commonly known that not one town or city in New Hampshire will benefit from the raping of the White Mountains, clueless lackeys to the power companies vote their own interests above those of the community.

Manchester and Nashua CofC endorsements: Wave as the power goes by your cities
December 5, 2012
Nashua Telegraph
Chambers criticized over Northern Pass
 Letter to the Editor
Two southern New Hampshire chambers of commerce have endorsed the proposed Northern Pass project, disregarding the protests of their fellow residents to the north, where the project would be most visible and have enormous environmental and economic consequences.
The Manchester and Nashua chambers have endorsed Northern Pass because they are enthusiastic about lower electricity rates for businesses, and green and renewable electricity. They, unfortunately, listened to Public Service of New Hampshire’s marketing claims, which are pure fantasy.
Any cost benefit from Northern Pass only would go to ratepayers outside New Hampshire that get their power from the regional electric markets. In New Hampshire, PSNH customers would see little benefit because their energy rates are tied to propping up PSNH’s inefficient coal- and oil-fired power plants.
Is Northern Pass green, renewable energy? Northern Pass electricity would be provided primarily from industrial hydro-electricity in northern Quebec. No environmental agency inside or outside of New Hampshire endorses large hydro as green or renewable.
The purported 1,200 jobs PSNH promised? That claim was debunked in a report by the New England Power Generators Association.
So why have these two chambers been so willing to throw the residents and businesses of the North Country under the bus by endorsing a project that disproportionately would harm the north so that those in the southern tier would reap these bogus benefits?
Could it have anything to do with how many PSNH top executives sit on their boards?
Julie Moran

 

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Wal-Mart Actions Around New Hampshire

Protesters in Manchester on South Willow Street on Black Friday.

Actions against the employment practices of Wal-Mart happened in three locations in the state this past Friday after Thanksgiving — known as “Black Friday”.

Activists from Occupy NH, Occupy Seacoast, the I.W.W. union and Occupy North Country set up protests, handed out flyers and in one instance, reportedly clashed with local police.

In Manchester participant Mark Provost said, “People were generally positive, honking their horns, waving their fists in solidarity, the jig is up, people know what is going on.”

In Somersworth, NH

In Somersworth Occupy the Seacoast held a protest outside the store in the morning, according to David Holt, “9 put of 10 people that reacted to us when we were outside were positive, gave us the thumbs up or honked and waved in support.”  David said that the group also went inside Wal-Mart with their signs, “We walked thru the Walmart with our signs and the management tried to herd us out, they called the police but we were gone before they showed up.”

When they were outside David said, “One cop pulled over in a cruiser and rolled down the window and we weren’t sure what he would say but he said he was behind us 100%.” Of the numbers of people in Occupy David said, “We had a wide range of people that had never come to an occupy event before, one of the people event printed up pamphlets and handed them out about what Walmart does.”

Some reported that an individual had a clash with the police in Littleton, but that person has asked not to speak to the press, so no further information is available at this time.

More about the action in Somersworth from the Foster’s Daily Democrat: Demonstrators in Somersworth Call for Changes at Wal-Mart

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Update: Support Grows for CLF’s Fight to Secure a Fair Review of Northern Pass

From the Conversation Law Fund site regarding the DOE and its corrupt decision making process involved in approving the Northern Pass project.

Update: Support Grows for CLF’s Fight to Secure a Fair Review of Northern Pass

Two weeks ago, CLF exposed and brought to the public’s attention internal government documents showing that the Department of Energy (DOE) has illegally allowed the developer of the Northern Pass transmission project, Northern Pass Transmission LLC (NPT) to have significant and improper influence over the ongoing permitting process and environmental review of the project. After filing its concerns about the information with DOE, CLF issued a call to action, urging the public to join CLF in demanding that DOE replace the contractor team charged with preparing the crucial Environmental Impact Statement (EIS), which was handpicked by NPT, with a new, unbiased contractor or internal team with no conflict of interest.

We’re pleased to report that the responses – your responses – to the revelations and our call to action has been remarkable.

In the past two weeks, more than 300 members of the public (and counting) filed comments with DOE demanding replacement of the contractor team and a new commitment to a fair and open permitting process for Northern Pass. (You can take action yourself and file your own comment via this link.)

Yesterday, in a joint letter to DOE, a group of nine organizations representing New Hampshire’s conservation community and the grassroots opposition to Northern Pass, along with more than 60 individuals, expressed their deep concerns about the information exposed by CLF and called for a new EIS contractor with no conflict of interest. (Coverage on NHPR here.)

Read more on the CLF blog.

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From the Desk of Jackie Cilley: Important Information on Ballot Questions

From the desk of Jackie Cilley :

Election Alert for October 9, 2012

28 Days and Counting…..

 New Hampshire needs you – please be sure to vote on Tuesday, November 6.

 
 

Ballot Question 2 

O’Brien’s Excellent Adventure to the Colonial Era – Taking Back the Courts!

In an attempt to erase decades of statutory and judicial work on separation and balance of powers, the whiz-kids of the current legislature muscled through a constitutional amendment that will appear as Question 2 on your ballot as follows:

2. “Are you in favor of amending article 73-a of the second part of the constitution to read as follows: [Art.] 73-a [Supreme Court, Administration.] The chief justice of the supreme court shall be the administrative head of all the courts. The chief justice shall, with the concurrence of a majority of the supreme court justices, make rules governing the administration of all courts in the state and the practice and procedure to be followed in all such courts. The rules so promulgated shall have the force and effect of law. The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.” (Passed by the N.H. House 242 Yes 96 No; Passed by State Senate 19 Yes 5 No) CACR 26             Yes                  No

Be Afraid, Be Very Afraid!

The O’Brien legislature has taken a number of actions with very dangerous consequences for our citizenry. Underfunding our court system has caused delays in our citizens’ ability to obtain justice. They have also created a competing mechanism, the Committee of Redress, that reviews court decisions filed by petitioners (without the bother of such little things as court procedures, equal protection for all parties, or even hearing the other side of a case). To date, the Committee of Redress has recommended the impeachment of four justices on virtually the sole testimony of a petitioner who claims to have been wronged (or otherwise simply didn’t like the verdict). The concept of due process seems hopelessly lost on this crowd.

Ballot Question 2 will give over to the legislature complete and final authority over our judicial system, turning it into little more than another political body. Although, as you can see from the question above, the ability to write rules will still reside with the judicial branch, the legislature will be able to concurrently change statutes relative to these rules and the latter will “shall prevail.”  Does anyone really doubt that a legislature wedded to the extreme ideology of the current one will fail to turn our courts into an extension of themselves?!

Scholars who argue for a well-functioning judiciary, one that functions objectively and in the pursuit of the rule of law, without undue influence of the political climate, cite the critical need for a clear separation of powers. G. Alan Tarr, professor at Rutgers University and a scholar in constitutional law, state constitutions and the courts and judicial process, puts forth four principals that should form the foundation of any reform of our judicial system. These include: judicial independence from political institutions, interest groups and the general public; judicial autonomy with the power to govern and manage its own affairs; effective delivery of judicial services with access for all citizens and expeditious administration of justice; and, accountable to the rule of law and to the people and their representatives (we already have a process in place when a justice violates his/her position in any way and that is the impeachment procedures). For more information on this topic, see G. Alan Tarr, The State Judicial Article, http://camlaw.rutgers.edu/statecon/judicial.pdf

Ballot Question 2 violates every one of these principles. The first two are self-evident. Violation of the remainder stems from the fact that by underfunding and interfering with the judicial process hobbles our court system’s ability to effectively deliver its services and makes it difficult to appropriately hold it accountable.

Nothing New Under the Sun

 For those who may have imagined that with the writing of the US Constitution, and subsequent state constitutions, the establishment of three branches of government was a settled matter, a reading of history on this topic immediately disabuses one of that notion. As it turns out, there has been a protracted battle between the legislative and judicial branches of government for decades and longer following independence.

New Hampshire’s own history in this regard is instructive of the desire of past legislatures to exert significant control over the judiciary. Our legislature once had a participatory role in dispensing of justice through an archaic device called the Committee of Redress (yes, similar to the one mentioned above!). This legislative body heard complaints by our citizens and ruled on those. It didn’t take long, however, for our forebears to recognize that there was a bit of a conflict of interest in having those who wrote the laws also interpret the laws and dispense with justice – not to mention write the laws to settle cases. It was a rather circuitous way of administering justice fraught with a host of problems for both public policy and justice. (Consider just one example of someone who has a complaint against the state, one that might result of in an injured party being awarded a judgment against the state. And, all of this being heard by the a unit of the same body that formulates a budget for the state.)

Even after the establishment of a separate judicial system, however, past New Hampshire legislatures grappled with the concept of a judiciary over which they had little control. Consequently, at least twice over the course of our history, “New Hampshire legislated out of office all justices of its supreme court by repealing the statute the created the tribunal and establishing another court in its place.” (G. Alan Tarr, “Contesting the Judicial Power in the Statest,” http://www.harvard-jlpp.com/wp-content/uploads/2012/03/TarrFinal.pdf

For those interested in an in-depth discussion of the tensions between legislatures and the judiciary, Tarr’s 19 page article on the topic provides a great overview of the topic.

Just Say No!

 If you want to defeat Question 2, you must cast a “No” vote. Passage requires two-thirds approval by those who vote on the Question. Please help to spread the word of the dangers of this constitutional amendment. Encourage your friends, family and neighbors to make plans now to vote and also to vote “no” on this question.

Update on Ballot Question 1:

Hold onto Your Seats – Here Comes the Money

 

As you may recall, the previous Election Alert covered Question 1, a constitutional amendment banning an income tax for “natural” persons and concerns analysts have expressed over the potential passage of this amendment. I warned about a last minute push for passage of Question 1. Sadly, almost immediately after the send button was hit on the Election Alert, the news broke that a new PAC has been set up to do precisely that.

The “No Income Tax” PAC is headed up by former gubernatorial candidate and former Executive of Cornerstone Policy Group, Kevin Smith. The PAC is chaired by three former Governors, Steve Merrill, John E. Sununu and Craig Benson.   The PAC can take unlimited amounts of contributions from individuals and organizations. You can count on this being a very well financed effort to get voters to approve the passage of this very dangerous constitutional amendment.

For some additional updated information on Question 1, visit the podcast of Attitude with Arnie, October 5, 2012, Hour 1 starting about 31 minutes in to hear the interview with Jeff McLynch of the NH Fiscal Policy Institute: http://www.nhnewsviewsblues.org/podcasts/Attitude_with_Arnie_Podcasts.xml Jeff responds to a number of questions about this ballot initiative that you may find of interest.

NOTE: Remember that it takes two-thirds of those who vote on the question for it to pass. If you want to defeat Question 1, you must vote “no” on it. Moreover, with the influx of influence and money to push for passage, it is now more important than ever that you spread the word about the pitfalls of this constitutional amendment and get your friends, family, neighbors and co-workers to the polls to vote on November 6.

 Voting Tip of the Day:

Unregistered voters may register to vote on General Election Day and will be allowed to vote in that election. If you wish to register before the General Election you can do so up until October 27. That is the last day to register until the General Election.

As mentioned in the last Election Alert, you will be asked to present a valid photo ID (see http://sos.nh.gov/ for list of acceptable forms of ID). NOTE: If you do not have a valid photo ID you will be permitted to vote after executing a “challenged voter affidavit.” 

Opinion Piece of the Day:

OP-ED COLUMNIST
Buying the Election?
Fred R. Conrad/The New York Times
By JOE NOCERA
Published: October 09, 2012

….Not all that long ago, the ability to partake of public financing was a sign that you had arrived as a serious candidate; today no candidate in his right mind would want to be so constrained….This election season, Mitt Romney and President Obama could end up spending more than $1 billion each. They seem to spend more time fund-raising than pressing the flesh with voters.

And that doesn’t even account for what’s truly different about this election: the rise of the “super PACs” and 501(c)4s, which are essentially a form of campaign money-laundering, allowing wealthy people to contribute millions toward supposedly “independent” spending on campaign advertising, polling and other expensive campaign goodies…

Although individual contributions to a particular candidate remains severely restricted – no more than $5,000 – the amount someone can pour into a super PAC is limitless. The means by which the country finances its campaigns is utterly broken. In a recent cover story in The Atlantic, James Bennet, the editor, traces how that happened. He focuses on a man named Jim Bopp Jr., a lawyer from Terre Haute, Ind., who has largely devoted his life to freeing the nation of campaign spending limits…What is astonishing is the way Bopp makes unlimited spending seem actually democratic. “Most people don’t even know who their congressman is,” Bopp tells Bennet. If there were more spending on campaigns, voters would be more educated about the candidates. The Supreme Court majority, meanwhile, has essentially said that, by definition, campaign spending that is independent of the candidate cannot be corrupting.

What we also know in the real world is that unlimited spending will not serve to enlighten voters. It will deaden them to political argument – as is happening in just about every swing state, where the ads are running with such frequency that people are tuning them out. Finally, we know from hard experience that the money that comes into politics has the potential to corrupt.

“This can’t be good for Democracy,” Bennet told me in an e-mail. It’s not.

For full article see: http://mobile.nytimes.com/2012/10/09/opinion/nocera-buying-the-election.xml

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Get A Job and Make Some Change!

What Does Democracy Look Like?

From Mark Fernald via email

Grassroots Solutions ((www.grassrootssolutions.com), a national
political field organization, is looking for dedicated individuals to
join its New Hampshire Democratic Canvass Team 2012 and go
door-to-door to talk with New Hampshire voters in Manchester and other
areas in New Hampshire about the upcoming election.

Maybe you are a student with no afternoon classes, a parent whose
children are off to college, or someone who works the night shift in
your current job but would like to earn extra money. If you are at
least 18 years old and enjoy talking with people about important
issues that affect their lives and the lives of their families and
community, then we are interested in hearing from you.

This is a fantastic opportunity for someone looking to gain experience
in the world of politics. It is a fast paced and dynamic job in a
Presidential election year.

The pay is $12.00 an hour and you have the potential to gross over
$2,500 between now and the November election. You will be paid either
by check or direct deposit every two weeks.

Bilingual English/Spanish would be an advantage. Experience on a
political or issue advocacy campaign would be great, but if you don’t
have any, we will train. This is a temporary, full-time job (3-7 days
a week).

You and your canvass partner will be expected to travel by car to
neighborhoods assigned to you each day, walk door to door, engage in a
conversation with voters, and record the results of your conversation
in an iPod mobile app. Professionalism is a must, as is the ability
and willingness to talk with a diverse group of people.

Accuracy, attention to detail, and honesty in reporting the results of
your day’s work are essential. Previous campaign or advocacy work
experience would be a plus, as would experience using computers and
devices such as iPods. Training will be provided.

The position starts immediately and continues through the end of
October. We work 7 days a week. Most shifts are around 6 ½ hours long
— 5 ½ hours of which are spent talking to voters — in the afternoon
and early evening. You and your canvass partner will meet with other
canvass teams as a group at the beginning of your shift, and will get
back together at the end of your shift to record your data.

It would be great if you could work every day, but we know that’s not
always possible. We do, however, expect you to commit to work at least
three full days per week.

If you are interested, please apply online at
http://www.formstack.com/forms/grs2012-nhrecruiting

No emailed resumes, please! You will be given the opportunity to
attach one during the online application process.

Thank you and we look forward to hearing from you!

The New Hampshire Canvass Team

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