House bills that change 91-A from 'every citizen' to 'any person' move forward

Rep. Bob Lynn, who is chair of the House Judiciary Committee (Ethan DeWitt)

CONCORD - A day after a former chief justice of the New Hampshire Supreme Court expressed dismay that the City of Rochester refused The Rochester Voice Right to Know documents because it is domiciled in Maine, the House Judiciary committee that he chairs unanimously passed an amendment that could end the "citizen" issue forever.
An amendment to HB 1069 and HB 1696 changes the reference in New Hampshire's Right to Know law from "every citizen" to "any person." Both bills passed unanimously on Thursday.
While speaking with New Hampshire Municipal Association lawyer Natch Greyes during a House Judiciary meeting on Wednesday, former New Hampshire Supreme Court Chief Justice Bob Lynn expressed chagrin as he recalled testimony from Rochester Voice editor and publisher Harrison Thorp on Jan. 17.
"I can't help recalling the testimony we heard earlier on some of these Right to Know bills in which, if I understand correctly, some official, maybe even the counsel for the City of Rochester, thought it appropriate to take the position that because somebody who runs a newspaper in Rochester but lives in Maine made the request, that person was not entitled to get the records because of the provision that uses the word 'citizen,'" Lynn said "That strikes me as incredible, that is amazing someone would take that position."
"I cannot speak to what any of our members might have said," Greyes replied obliquely.
The counsel for the City of Rochester Lynn was referring to is City Attorney Terence O'Rourke, who on April 12, 2023, wrote this email to The Rochester Voice following the digital daily's request for a specific police report.
"As you know, RSA 91-A:4, which pertains to a public bodies obligation to send records to a requestor, only applies to citizens of New Hampshire. Based on research, it is clear that you are not a citizen of New Hampshire and the "Rochester Voice" is not a citizen of New Hampshire either. Unless you can provide proof of citizenship, I will no longer be providing you with governmental records. Non-citizens may request to view governmental records in person at appropriate municipal offices during regular business hours."
During a Sept 22 prehearing conference with state's Right to Know Ombudsman Att. Thomas Kehr, O'Rourke argued that an illegal alien residing in Rochester would have access to digital right to know documents while the award-winning digital daily, which covers Rochester, would not.
HB 1069 pertains to Right to Know draft documents, while HB 1696 allows municipalities to receive Right to Know requests digitally and to have the documents delivered digitally.
Another amendment to the two bills allows the requester to request documents in either digital or paper format, whichever they choose. The only reason a municipality could object to digital delivery would be over security concerns or if the request was overly burdensome. Under the latter bill municipalities could also not charge for digital delivery.

Lynn served as chief justice of New Hampshire's Supreme Court from April 9, 2018, till Aug. 23, 2019.

Strafford 1 State Rep. Cliff Newton, who has been at the forefront of the effort to strengthen the Right to Know law, said the unanimous vote by the House Judiciary Committee was great news.
"As I talk to legislators in Concord, they are well aware of the antics Rochester is pulling with the Right to Know law," he said.
Newton said the two bills could be voted on as early as Thursday and could be headed for the Senate as early as March or April.
The vote on Thursday comes amid an ongoing appeal by the City of Rochester regarding the Ombudsman's decision to defer to the legislature or judiciary the meaning of the word "citizen" in 91-A.

A hearing on the merits of the case had been scheduled for Feb. 12, but that hearing has been continued at O'Rourke's request.