For Immediate Release
October 31, 2004
SUBJECT: New Hampshire Reforms Nonresident Pistol/Revolver License
Rules
Contact: Evan Nappen, Vice President
Email:
enappen@freestateproject.org
Phone: 888-GUN-LAWS
Website:
www.freestateproject.org
The NH Joint Legislative Committee on Administrative Rules approved
new rules now, someone with a valid license to carry from
any state, not just their own home state, is eligible for a license in
New Hampshire. (Before, only home state licensee's were eligible). Here is the
link to the new "Chapter Saf-C 2100 Nonresident Pistol/Revolver License" rules:
www.gencourt.state.nh.us/rules/saf-c2100.html
For example: Florida offers a "shall issue" carry license to any
U.S. citizen. With any one of those licenses anyone can get a New Hampshire
carry license, even if one's home state does not issue (such as New Jersey).
The application for a "New Hampshire Non-resident Carry License" may be
downloaded from this link:
webster.state.nh.us/safety/nhsp/documents/dssp260.pdf
Gun Owners of New Hampshire (GONH)
www.gonh.org, the NRA, and individual Free State Project (FSP) members
working together can take credit for this change. Specifically GONH President
and State Representative Hon. Elbert Bicknell (R-73), GONH Director Sam Cohen,
and NRA Board of Directors Member Scott Bach, Esq. (NJ)
www.bachbio.com were the primary movers
of this important change and deserve our thanks. Free State Project Vice
President and Gun Rights Liaison Evan F. Nappen, Esq. also directly
participated in the request for the change. This change greatly affect FSP
participants who come from home States which do not offer a license to carry.
Important thanks and credit is also due to New Hampshire Department of Safety
Assistant Commissioner Earl M. Sweeney.
For more information on New Hampshire Firearm Laws and Rules go to this
link:
webster.state.nh.us/safety/nhsp/plu.html
###
Dover (NH) Election Report
by Dave Mincin · 11/14/05
Foster's Daily Democrat, November 9, 2005, (special election edition):
- "Region votes for change"
- "Larochelle wins mayor's race in Rochester upset"
- "Watman wins Somersworth mayoral race"
- "New faces to take the reins in Portsmouth"
and my very, very, favorite:
- "Scott takes Mayberry's seat" (Dover chooses tax fighter over incumbent).
I was recently asked to write a little report on the elections in NH.
Truthfully, I wanted to defer, because for the last five weeks I have had but
one goal and that was to do my best to get elected to City Council here in
Dover. Well, I lost my bid to a lifelong resident and two term incumbent
209-164, but for sure, the good guys won in an big way, and Dover has begun the
process of bringing power back to the folks.
To get the true magnitude of our success, a little history is in order.
First, Dover has long been considered one of the centers of power for those who
believe "government knows best"; Sheehan was a Senator here. Spending is out
of control, and land taxes and debt are rising at a frightening rate. We had a
City Manager who ran Dover as his little serfdom, and secrecy was the norm.
About a year and a half ago David Scott sued the city to open up the books
per the freedom in government law RSA 91A, requesting salaries of municipal
employees. Of course the City Manager refused, saying the information was not
available, and would be too costly to provide if it was available.
I joined David's little group of concerned Dover folks last November when
we were working on getting our people elected to the Charter Commission.
Unfortunately we were only able to get 3 of 9 members elected and the final
recommendations were not very encouraging.
Our next mission was to go after the City Manager, who finally under a
cloud took a job in Arizona.
So what does the City Council do? It pulls a fast one and cuts a secret
deal with the assistant City Manager to give him the job, at a higher salary
than the governor has. Well, we papered the city with the truth, a number of
Free Staters and friends helped with this too. We packed City Council the day
of the vote. According to insiders we brought more folks to city hall that
night that can be remembered, I even did my first testimony before Council
against hiring the assistant. We lost the vote, but receiving 3 Council votes
was a victory of sort. What we really didn't notice at the time was that the
politicos in Dover were beginning to take notice, and get a little riled!
Next we began meeting weekly and David began recruiting folks to run for
Council. In a way we were kind of like the FSP, from different backgrounds and
differing political views, but we all agreed spending was out of control, taxes
increases must stop, and the folks have a right to know what's going on.
Personally I had no intention of running for anything this early in my NH
life, but when I was asked by David, one of the NH folks, I just figured if
they have enough faith in me, then I must give it my best effort. Truth is we
had no one else to run in Ward 1 either.
We were able to contest 4 seats, David and I against incumbents, and
Catherine, and Harvey against competition for open seats. Make no mistake,
folks knew my task was a large one. Ward 1 had the highest union population,
most city employees, and least number of homeowners, not to mention my opponent
was a former city employee as well as former president of the Municipal
Employees Union.
I was just overwhelmed by the help from the folks: Dover folks, NH freedom
folks, and Free Staters too! We had a total of twenty-seven folks who helped,
some more that others, but all helped in some way and can honestly say that
each had something unique and important to add to our effort. We also had ten
donors and one PAC help cover our costs.
Unfortunately we came up a little short 164-209, but by no means do I
consider our effort a loss. Three of four of our candidates were elected, and
we received a commitment from my opponent to not vote for any tax or spending
increases. All of us learned so much about running for office, working
together, and using our varying talents for a common goal.
I guess you might say for me, that this truly sealed the deal about NH and
me. After the election many of us went to David's house for a victory
celebration. A good number of the folks who have been working to get it done
in the Seacoast were there. Lots of smiles, hand shakes, and "good job"s
floating around. I couldn't help but feel humbled!
I expect none of can say for sure about much other than our own thoughts,
but I believe after rubbing elbows with so many of the folks who get it done in
Strafford County, that I have been accepted as just one of the local folks who
cares about freedom.
New Hampshire is now my home, and I thank all you folks for never making me
doubt my move for a moment. I think this coming year is going to be a great
one for freedom in New Hampshire!
Benson gives welcome to Free State
by Katharine Webster The Associated Press 11/02/03
MANCHESTER Gov. Craig Benson welcomed members of the Free State Project
to New Hampshire on Saturday, saying he was excited about their plans to move
to the state and promote their agenda of smaller government.
"We'd love to have you," Benson told several Free Staters at the annual
convention of the state Libertarian Party, held at the Highlander Inn.
"We don't have to agree on everything to make things happen. What we have to
agree on is that we're going to leave things better than we found them," he
said.
The Libertarian Party and the Free State Project share members and political
goals: scaling back government, taxes and reliance on public schools.
Saturday marked one month since supporters of the Free State Project announced
they had chosen New Hampshire as the stage for their political "revolution."
They hope to move 20,000 "liberty-minded individuals" to the state to transform
the political system from within.
Some of the project's 5,000 members want to decriminalize drug use and
prostitution and lift restrictions on gun ownership and gambling, as well.
Benson said he disagrees with some of those goals, but agrees with the Free
Staters on "the important issues."
"What we're standing for is smaller government," he told reporters after his
formal remarks.
"They don't want government on their backs, in their businesses, or in their
private lives."
In his speech, Benson described various initiatives he has gotten funded by
private businesses, as well as two proposed amendments to the state
constitution that he supports.
One, dubbed the Taxpayer Bill of Rights, would limit increases in state
spending to the rate of inflation, adjusted for increases in population. It
also would require a two-thirds vote of the Legislature to increase existing
taxes.
Members of the New Hampshire Liberty Alliance, a new political action committee
formed by members of the Free State Project living in the state, have already
said they probably will support that amendment.
The other proposed constitutional amendment would give the Legislature
exclusive control over state spending on education.
State Supreme Court decisions have found the state constitution includes a
guarantee of public education for every child, paid for by state taxes. Those
decisions led to the statewide property tax for schools.
Benson also called for putting the "passion" back into education, in part by
letting students get credit for educational experiences outside classrooms.
He characterized public education standards as inflexible, based on a model of
learning everything inside four walls, 180 days a year, six hours a day.
"Why do we make someone like my daughter, who's trying out for the Olympics,
take gym class, too?" he said, to vigorous applause.
Kelton Baker, president of the Free State Project, presented Benson with a
stuffed toy porcupine the movement's mascot after his speech.
"We're very happy and very excited about our work in the state of New
Hampshire," he said. "And we're very happy to have a governor who supports us."
More media articles about the FSP
These media articles are maintained on a non-commercial basis by
The Free State Project,
a non-profit organization, for historical, educational, scholarship,
and research purposes. (For information regarding "Fair Use", see
US Code Title 17,
Chapter 1, Section 107).
[FSP note: The New Hampshire Liberty Alliance (NHLA) described in this
article is not affiliated with the Free State Project, nor are they a partner
organization. This article is included for informational purposes.]
Free State Project forms alliance
by Kate McCann Associated Press Writer 10/31/01
CONCORD, N.H. - New Hampshire members of the project to bring 20,000
liberty-minded people to the state are forming a political action committee.
Saturday marks one month since supporters of the Free State Project announced
New Hampshire would be the stage for their revolution. And they will celebrate
by signing paperwork to become the New Hampshire Liberty Alliance.
The goal of the Free State Project is to scale back government, taxes and
reliance on the public school system. Some members want to legalize drugs and
prostitution and lift restrictions on gun ownership and gambling. But the main
point is to get government out of people's lives.
About 40 people are working to organize the alliance, which is a project of the
New Hampshire members, not the national group. For now, the alliance works from
the living room of chairman James Maynard, who lives in Keene.
Free state membership count in New Hampshire has grown from 150 in July to 219,
Maynard said. National membership is at 5,005. The majority of those in the
alliance are Free State Project members.
Supporters said an early piece of legislation they will likely support is Gov.
Craig Benson's Taxpayer Bill of Rights.
The amendment would cap budget increases at the rate of inflation and
population change. It would also call for a two-thirds majority in the
Legislature to increase the rate of existing taxes.
Benson is expected to speak Saturday at a gathering of the Libertarian Party.
Some Free State leaders are attending.
Maynard describes the alliance as a nonpartisan political watchdog, a
think-tank, and a charity-minded organization.
The group will financially support "pro-liberty" candidates of all political
stripes and volunteer for their campaigns, he said.
They plan to work with pre-existing charities and form their own. Alliance
charities will do things like offer children private scholarships to public
schools.
Don Gormon, the former chair of the Libertarian caucus in the state House of
Representatives, is in charge of political action for the alliance.
Gormon, a chimney sweep who lives in Deerfield, plans to score legislators on
how liberty-minded they really are, and make the results public. Alliance
members will do this by dissecting bills and tracking legislators' voting
records on pro- and anti-liberty legislation.
For instance, if a legislator strongly supports a statewide smoking ban,
mandatory helmets for lobbyists or a tax hike, he or she would score badly.
Alliance members will then take their analysis and publish it on the Internet,
or send it to taxpayers groups.
Gormon said the alliance does not intend to threaten candidates who vote for
legislation they dislike. Instead, they want to sit down with them and try to
change their mind.
The best hope is probably to reach freshman, middle-of-the road legislators who
are not hard-line liberals or conservatives, he said.
"We are not just going to do like most people, sign petitions and testify on a
bill and jump up and down in front of the Statehouse," Gormon said. "We are
going to either sit down and reason with these individuals or try to replace
them" by running for office.
If no candidates file in a district, the alliance would seize the opportunity
to elect one of their own.
"I won't say we are going to be a smashing success. But are we significant?
Yes," Gormon said. "It gives you a foundation. It gives you something to build
on. I think that foundation is going to be very solid."
More media articles about the FSP
These media articles are maintained on a non-commercial basis by
The Free State Project,
a non-profit organization, for historical, educational, scholarship,
and research purposes. (For information regarding "Fair Use", see
US Code Title 17,
Chapter 1, Section 107).
Pending Legislation of Interest for NH Residents: HB 1271
for "Alaska Carry"
On the FSP Forum from 2/4/04:
Jason... On February 17, 2004 @ 10:30 A.M. Room 204 L.O.B. Concord, New
Hampshire my House Bill 1271 repealing the "Licence to Carry" statute will be
open for "Public Hearing". The committee will hear all who wish to speak as
well as those who support my effort simply be signing on the "Blue sheet"
checking in favor of passage. I need all the help to restore our birth right
before the corporate government converted a right to privilege for production
of cash flow.
Thanks for any help the organization can provide, even a post card (mailed
to: "Public Saftey Committee" Legislative Office Building, Room 204
Concord, New Hampshire 03301) supporting the repeal will help. The more
the better... Thanks much!
Dick Marple
Representative District #37
[More info on this bill:
www.gencourt.state.nh.us/legislation/2004/hb1271.html]
New Hampshire House of Representatives
Criminal Justice and Public Safety Committee
Mailing List
David A. Welch, Chairman
PO Box 570
Kingston, NH 03848-0570
Phone: (603)642-4402
Email:
repdawelch@hotmail.com
John E. Tholl Jr.
41 Kimball Hill Rd
Whitefield, NH 03598-3645
Phone: (603)837-2278
Email:
jetjr2@earthlink.net
Bob M. Fesh
27 Claire Ave
Derry, NH 03038-4220
Phone: (603)434-1550
email:
Constance A. Jones
PO Box 975
Grantham, NH 03753-0975
Phone: (603)863-8395
email: N/A
Richard E. Kennedy
PO Box 278
Contoocook, NH 03229-0278
Phone: (603)228-3250
Email:
stretchnh@aol.com
Karl I. Gilbert
103 Bay Rd
Newmarket, NH 03857-1739
Phone: (603)659-3260
email: N/A
Stephen H. Nedeau
PO Box 436
Meredith, NH 03253-0436
Phone: (603)279-4794
Email:
shnedeau@fcgnetworks.net
Stanley E. Stevens
PO Box 613
Wolfeboro, NH 03894-0613
Phone: (603)569-2410
Email:
4star@metrocast.net
E Albert Weare
30 Forest Ct
Seabrook, NH 03874-4020
Phone: (603)474-9454
Email: aweare@aol.com
Alan B. Bemis
47 Holly Park Ln
Rochester, NH 03867-4808
Phone: (603)674-8319
Email: abemis@msn.com
Elbert I. Bicknell
99 Mountain View Rd
Deerfield, NH 03037-1210
Phone: (603)463-9783
Email:
redryder82@metrocast.net
Douglas K. Fish
25 Wetmore St
Keene, NH 03431-3911
Phone: (603)357-1732
Email:
fish@cheshire.net
James H. Oliver
1465 Hooksett Rd #119
Hooksett, NH 03106-1862
Phone: (603)485-2226
email: N/A
Donald C. Smith
PO Box 312
Raymond, NH 03077-0312
Phone: (603)895-2807
email: N/A
George D. Winchell
60 East Rd
Atkinson, NH 03811-2220
Phone: (603)362-4249
Email:
gdwinchell@aol.com
William V. Knowles
12 Wellington Ave
Dover, NH 03820-2002
Phone: (603)742-5681
Email:
wvknowles2@aol.com
Roger R. Berube
15 Stackpole Rd
Somersworth, NH 03878-1627
Phone: (603)692-5653
email: N/A
Frank D. Callaghan
PO Box 1711
Rochester, NH 03866-1711
Phone: (603)332-1860
email: N/A
Lori A. Movsesian
15 Berkeley St
Nashua, NH 03064-2310
Phone: (603)889-1669
Email:
movsesian28@yahoo.com
Laura C. Pantelakos
528 Dennett St
Portsmouth, NH 03801-3621
Phone: (603)436-2148
email: N/A
Timothy N. Robertson
185 Daniels Hill Rd
Keene, NH 03431-5704
Phone: (603)352-7006
Email:
trobertson@monad.net
We Made the Move! Karl Beisel
Date of move: June 19, 2004
After my first visit to New Hampshire in the summer of 2003, I could barely
think or talk about anything else. More than a year later, and after 5 months
of being a New Hampshire resident, I still can't think about anything else. I
love this place!
My decision to make the move was pretty easy. The city in which I lived,
Washington, DC, was already a cesspool of corruption and unfreedom. The
government's dysfunctional overreaction in the aftermath of September 11 only
worsened the situation barriers were erected around city parks, SAM
sites popped up on the National Mall, machine-gun toting "police men" put
everyone in their place at public gatherings. Even that perennial of terrorist
targets, the local DMV, had metal detectors and more guards installed. The
city, and its surrounding suburbs, had gone mad.
What a difference in New Hampshire! In December of 2003, I took a week off
to explore the southern part of the
state for a town or city where I could see myself living. When I passed
though Concord, I stopped at the State House. I had read that there were
(gasp) no metal detectors, and people could just walk in and go about
their business. I tested it out, and sure enough, walked right in, visited the
House chamber, and toured the facility on my own. The whole state seemed as
far removed from Washington, DC as the moon, but much prettier.
As a result of my tour, I chose to live in Manchester. The following
spring, I traveled back to Manchester to buy a house. There was plenty of
housing to choose from in the city, something for just about every budget. I
quickly found what I wanted and moved in mid-June.
After moving, I met a number of other Porcupines, as well as several
like-minded residents. There was no shortage of things to do for the freedom.
Activities like meet-and-greets, political meetings, conventions, campaigning
for political candidates, and informal social gatherings quickly maxed out my
schedule. Most of the folks who have moved are very active in various ways to
promote freedom. This is incredibly encouraging.
Of course, life isn't all about the fight for freedom its about
enjoying its fruits as well. As a hockey player and fan, New Hampshire's got me
covered, with several local leagues, a top college team, and a minor league
team. I'm looking forward to other winter sporting opportunities that were
less accessible to me before. I'm now in the process of starting an adult
kickball league here in Manchester, one of the very few good things to come out
of Washington, DC.
The bottom line is that moving to New Hampshire was the best decision I
could have made. I think I'll stay! :)
Back to We Made the Move!
Towards Victory: A Strategy for Achieving a Libertarian Caucus
By Keith Murphy
Baltimore, MD
The author has directly managed nine campaigns for state legislative office
in Maryland, resulting in six victories. In addition, he has consulted for
numerous local races in Baltimore City. These services have included all
aspects of campaign management, from analyzing district demographics and voter
files to fundraising to production of literature and signs to organizing
volunteers and door-to-door. He is eagerly awaiting the opportunity to put
this experience to work for those who share his political viewpoints, in the
free state.
Introduction
As covered in the companion report Examining
Population and Political Accessibility, New Hampshire offers a unique
combination of election laws, from a low ballot access requirement to
town-meeting local government to an elected Governor's Council that will allow
us to affect the executive branch without electing a governor. More
importantly, New Hampshire is the only state that offers large multi-member
districts. This advantage, combined with fusion, provides a unique opportunity
the rapid election of a Libertarian Caucus in the New Hampshire House of
Representatives. This opportunity is detailed here.
Background
The term "fusion" refers to the practice of a candidate for office running
under multiple parties simultaneously. This allows third-party candidates to
borrow the credibility of a major party, capture the straight-ticket votes of
the major party, and be included on the literature of the major party.
Candidates in New Hampshire and Vermont regularly utilize fusion. The laws of
Maine, Delaware, Idaho, and South Dakota appear to allow fusion, but the
practice is not part of the political culture. As a result, an attempt to use
fusion in those states would likely require at least an attorney general's
opinion.
The legislature of most states is made up of single-member districts, in which
each citizen has only one representative. South Dakota, North Dakota, and
Idaho all have two-member districts, meaning that citizens each get two votes
and have two representatives. For very large, rural areas sometimes the larger
two-member districts will be broken into two sub-districts, where each citizen
has one vote and one representative. Vermont's largest chamber is composed of
both single-member and two-member districts.
New Hampshire is different. The state constitution provides that towns may not
be divided between districts without their consent. As each district must
provide substantially equal representation to the population, and New Hampshire
varies wildly in density from town to town, the resulting district map is a
hodgepodge. Some districts are single-member, with approximately 3,089
citizens apiece, and some are multi-member, with as many as fourteen
representatives. The majority of districts have between three and six
representatives.
When fusion and large multi-member districts are present in the same state, as
they are only in New Hampshire, the result is a spectacular opportunity.
How it Works
In the larger multi-member districts, the major parties often cannot find
enough candidates to run for all the seats. After all, being state
representative is a part-time job that only pays $100 per year, so politics is
not the full-time profession in New Hampshire that it is in other states. But
each citizen gets as many votes as there are seats, and if they do not have an
equal number of candidates in their party to vote for as there are seats, those
"extra" votes are wasted. Those votes could be ours. Here's how:
Let's suppose Marjorie Smith is a Libertarian considering a run for the
statehouse in her six-seat district. She goes down to the town hall the day
after the filing deadline, and sees that while six Democrats filed for the
primary, only three Republicans did so. The fact that one of the major parties
did not field as many candidates as there are seats means that this district
qualifies for the fusion strategy.
So Marjorie asks for and is given a voter checklist, and begins her
door-to-door campaign. She spends a few hundred dollars printing up yard signs
and small brochures, and devotes her evenings to walking through the district.
She knocks on each door and talks to each resident for just a moment, saying
"I'm Marjorie Smith, and I'm running for the state house. I won't be on the
primary, but I would appreciate your vote in the general."
But at the homes of registered Independents or Republicans, discernable from
the checklist, she modifies her introduction slightly. She says, "I'm Marjorie
Smith, and I'm running for the statehouse. If you're voting as a Republican in
this year's primary, you're going to get six votes, but there's only three
Republicans on the ballot. I would really appreciate it if you used one of
your extra votes to write my name in." This could even be done outside the
polling place on primary day.
If just ten people, do this, then Marjorie will appear on the ballot in the
general election as a "Libertarian-Republican." In the event that not enough
Democrats or Republicans signed up for the primary, then she would appear as a
"Libertarian-Republican-Democrat." When you are a fusion candidate, you
receive the votes from the straight-ticket voters, and the major parties put
your name on their literature.
This strategy has an astounding success rate. The major parties failed to each
nominate enough people for all the seats in the New Hampshire House 59 times in
the 2002 election. 59 Republicans and Democrats went out and asked voters of
the other party to write their name in on the primary. In the 2003 session
there were 59 Republican-Democrats and Democratic-Republicans sitting in the
New Hampshire House of Representatives.
Just to be clear, every single candidate that used the fusion strategy last
year won election. It worked, every single time. 59 for 59. This is
exactly how we can and will have a Libertarian Caucus in the New Hampshire
House of Representatives after the 2004 elections.
Incidentally, the six-seat district described above is not hypothetical.
District 72, in Strafford County, consists of the towns of Durham, Lee, and
Madbury. Three Republicans and six Democrats filed for the primary. Smith won
election as a Democrat, coming in third. She, and the two who received more
votes than she did, all were elected using fusion. 4,855 voters walked into
the booth, and 4,173 of them gave her one of their votes. The two other fusion
candidates, Wall and Kaen, received 4,533 and 4,226, respectively. The
fourth-ranked winner, who did not use fusion, only received 3,429, 24.35% less
than the leading fusion winner.
Conclusion
New Hampshire's political system offers access unparalleled by any of the other
candidate states. The local elections are mostly nonpartisan, the local
government is administered at the town level instead of the county level,
citizens essentially have line-item veto authority of their town budget at the
polls, the first-in-the-nation presidential primary garners national headlines,
and there is an elected Executive Council with incredible control over state
spending. But most importantly, New Hampshire offers fusion in combination
with large multi-member districts. This strategy has an amazing success rate,
virtually guaranteeing a quick series of victories in races for the state
legislature. New Hampshire is the only state in the nation with this
advantage.
Examining Population and Political Accessibility
By Keith Murphy
Baltimore, MD
The author has directly managed nine campaigns for state legislative
office in Maryland, resulting in six victories. In addition, he has consulted
for numerous local races in Baltimore City. These services have included all
aspects of campaign management, from analyzing district demographics and voter
files to fundraising to production of literature and signs to organizing
volunteers and door-to-door. He is eagerly awaiting the opportunity to put
this experience to work for those who share his political viewpoints, in the
free state.
Introduction
Boosters of small population states, such as Wyoming, Montana, Vermont, and
Delaware, will be happy to tell you that the population factor is crucial to
the success of the project. It is a cornerstone of the FSP.
But why? Why does population matter?
The typical answer is that the more people are in a given state, the more
difficult it will be to reach a required saturation point, a tipping point, in
order to achieve the political power it will take to put the state on a course
to liberty. Thus,
small-state boosters claim, 20,000 activists in New Hampshire are
equivalent to only 7,500 in Wyoming.
This is an extremely simplistic way of measuring the states against each other,
and could lead to an uninformed vote. It assumes that all other things are
equal. But the states are not equal, and there are real and distinct
differences between them. For example, isn't it logical that population is
only a concern to the degree that the native population leans against us?
Would the FSP have a better chance in a state with low taxes and a
live-and-let-live attitude, with a population of a million, or in a state of
600,000 with high taxes and onerous infringements on personal liberty? While
there inarguably is not yet a fully libertarian state, some are clearly closer
to the ideal than others. The closer a state comes to that ideal, the more
irrelevant the population factor becomes. This is why members spend so much
time weighing and arguing about tax rates, gun laws, drug arrests, and other
rough indicators of a state's "libertarian-ness."
But when considering the impact of population on the state choice, there may be
another factor that's even more important than political culture. From the FSP
site:
The Free State Project is a plan in which 20,000 or more liberty-oriented
people will move to a single state of the U.S., where they may work within the
political system to reduce the size and scope of government.
Even more than population, this whole project is dependent on the
accessibility of the political system of the chosen state! Even
if the given state has a small population, and leans libertarian politically,
if the doors to power are closed to us by stifling election laws, all of our
efforts will have been in vain. Many of these election laws are directly
related to the population issue.
- Each state has different district sizes for their legislature.
- Some states allow multi-member districts, and some do not.
- Some have fusion, and some do not.
- Some have nonpartisan local races, and some do not.
- The ballot access requirement varies widely from one state to the next.
- From a logistical viewpoint, campaigns are more difficult in some states
than others, due to geographic features.
- The form of local government is very different from state to state.
- Finally, one state offers an executive council.
A brief overview of these features is provided here.
District Size
Population is only relevant to the state-choice issue for the effect that it
has upon our ability to influence the political reality of the chosen state.
But each state has very different systems, producing varying districts of very
different sizes. District size for each office is one of the key components of
understanding the relevance of population, as it provides some measure of the
work to be done to begin to take power from the existing political structure.
Even if you ignore differences in political culture, the overall population
number is only relevant for those select offices that have the entire state as
its district. For example, if you assume that Wyoming and New Hampshire are
equally libertarian, then it should be easier to win the governorship of
Wyoming than that of New Hampshire, as the number of votes required is
substantially less. The same would apply to other statewide offices, such as
state's attorney, treasurer, etc. Given the tremendous undertaking of running
a credible campaign for these statewide offices, in any of the ten states, it
is inevitable that our initial efforts will be concentrated on offices with
many less constituents, such as state legislative office and local offices.
The district size is (per the US Supreme Court's disastrous decision in Baker
v. Carr) decided by dividing the state's population by the number of seats.
This gives the "ideal" district size. Every ten years, following the census,
state legislators pore over voter demographic data, and (being careful to
include their major campaign contributors in their district and making it as
hard as possible for opposing parties) redraw the district lines to account for
shifts in population. Each district must be within 5% of the ideal district
size, a measure the Supreme Court apparently found under the sofa cushions. As
noted above, in general it is true that the smaller the district size the
easier it is to win, as the fewer voters that must be courted to achieve
victory. The smallest house districts in the nation can be found in New
Hampshire, beginning at 2,987 citizens. Vermont comes in next, with 4,059
citizens for its single-member districts. Wyoming can boast the smallest
uniform districts, with an ideal district population of 8,230.
State Legislative Districts
| State | Ideal House |
Multi- Member | Ideal Senate |
| Alaska | 15,673 |
No | 31,346 |
| Delaware | 19,112 |
No | 37,314 |
| Idaho | 36,962 |
Yes | 36,962 |
| Maine | 8,443 |
No | 36,426 |
| Montana | 9,022 |
No | 18,044 |
| New Hampshire | 3,089 |
Yes | 51,491 |
| North Dakota | 13,106 |
Yes | 13,106 |
| South Dakota | 21,567 |
Yes | 21,567 |
| Vermont | 4,059 |
Yes | 20,294 |
| Wyoming | 8,230 | No |
16,460 |
Idaho, North Dakota, and South Dakota all have two-member districts. Vermont
has a mix of single-member and two-member districts. New Hampshire is a
peculiar case, because of a state constitutional provision that prohibits
splitting towns without their permission. This results in multi-member
districts of varying size, as detailed below.
Multi-Member Districts
Multi-member districts may be "at large", meaning that all members represent
all constituents, or they may be broken into sub-districts. Multi-member
districts that are broken into sub-districts (A, B, etc.) usually cover large
geographic areas, the given rationale usually being that legislators should
live reasonably close to their constituents. Sub-districts usually operate
just like single-member districts, in that constituents go into the booth and
cast just one vote for that office. In comparison, in at-large districts
voters go into the booth and cast as many votes as there are seats. Idaho,
North Dakota, and South Dakota all have two-member house districts, some of
which are broken into sub-districts and some of which are not. In New England,
the unit of political power is not counties but towns, and districts are drawn
in such as way so as to avoid splitting towns wherever possible. The New
Hampshire Constitution actually forbids splitting towns without their
concurrence, resulting in a wide variety of district sizes. Where Vermont's
house consists entirely of one-member and two-member districts, New Hampshire's
house districts each have between one and fourteen seats, with the majority of
districts having between three and five seats. New Hampshire and Vermont have
no sub-districts, as do some of the larger western states.
The practical effect of at-large multi-member districts is that voters get as
many votes as there are seats. The major parties sometimes have difficulty
finding candidates to run for all the seats in a large district, and it is easy
to court the "extra" votes of a constituent. If a Republican has ten votes,
and only has eight Republicans to vote for, he is much more likely to give one
or both of his extra votes to a Libertarian than a Democrat. Of course, the
same is true of a Democrat. Party loyalists are much more likely to vote for
a third-party member than they are for "that other party." For example, in
2002 the Wyoming LP ran Marie Brossman for Secretary of State against an
incumbent Republican. The Democrats did not field a candidate. It was a
brilliant move that paid off handsomely, as Ms. Brossman received 17% of the
vote and gave the LP major party status in Wyoming until 2006.
Those states with at-large multi-member districts offer an electoral advantage
over those that don't. New Hampshire with its wide variety of district
sizes, offering constituents up to 14 votes each is particularly
attractive in this category.
Fusion
Fusion allows a candidate to run for office under two or more parties
simultaneously. In the nineteenth century, fusion was a regular occurrence
throughout the nation, but it was such an opportunity for third parties that
the major parties worked in concert to ban it in most states. Of the ten
candidate states, it is only possible (with slight variances in application) in
Vermont, Delaware, Idaho, Maine, South Dakota, and New Hampshire. Of these six
states, it would appear that fusion only regularly occurs in Vermont and New
Hampshire. The other states could require an attorney general's opinion and a
court case to establish a modern precedent, and the first successful use of
fusion could trigger a belated effort by the major two parties to ban it.
When a third-party candidate runs under a major party banner, several important
things are accomplished. First, the major party includes the nominee on all
campaign literature, effectively paying to get the third-party's word out.
Second, the nominee benefits from straight-ticket voters in the general
election, that distinct subset of voters who don't even bother to look at the
candidates' names. Third, the very act of cross-nominating winners gives the
third-party credibility.
Fusion is always an electoral advantage, but when combined with multi-member
districts, especially large multi-member districts, it produces real
opportunity. This is explored in greater detail in the companion report
Towards Victory:
A Strategy for Achieving a Libertarian Caucus.
Nonpartisan Local Races
Delaware, Vermont, and New Hampshire have predominantly nonpartisan local
races. This is an important advantage, because most members who desire to run
for office will be cutting their teeth in the local races first. This is an
important way to build both name recognition for future political ambition and,
in a bigger sense, to build the political machine that elects party members
year in and year out. When the race is nonpartisan, the candidates cannot rely
on a party label. Instead, the focus is on the candidate's message and
arguments. This can only benefit those of us who wish to run as Libertarians.
To clarify, there may be other candidate states that possess this advantage,
but the supporters of those states have not brought that information forward.
To the best of the author's knowledge, only
Delaware, Vermont, and New Hampshire offer nonpartisan local
elections.
Ballot Access
Some members have advocated that we subvert one or both of the existing major
party structures in the free state, while others have said that a new party or
the Libertarian Party is the way to go. If you find yourself in the former
group, then there is no advantage or disadvantage to the various states in this
regard. If you find yourself in the latter group, then this has a tremendous
impact on which state is the best choice.
- Alaska For major party status, a political party must either
have nominated a candidate for governor that received at least 3% of the vote
in the last general election or have registered voters equal to at least 3% of
the votes cast for governor in the last general election. There are no
provisions allowing nomination by petition.
- Delaware For major party status, a political party must
register at least 5% of the total number of voters in the state. A minor party
may nominate by convention as long as it has registered at least .05% of the
voters in the state. Alternatively, anyone may be placed on the ballot upon
submitting a number of petitions equal to 1% of the voters to be served by the
objective office.
- Idaho Any party may qualify for major party status in one of
three ways:
- Having three or more candidates for state or national office at a general
election,
- A candidate receiving at least 3% of the votes cast for state or national
office, or
- Submitting a number of petitions equal to 2% of the number of votes cast
for president.
Anyone may file as an Independent by submitting the relevant number of
petitions: 1,000 for statewide office, 500 for congress, 50 for the state
legislature, or 5 for county office.
- Maine "Major parties" are defined as the two parties polling
the highest vote totals for governor in the most recent general election.
Third parties are blatantly shut out on this score. However, minor parties are
still qualified to take part in a primary if they hold municipal caucuses in at
least one municipality in each county of the state, if a state convention is
held, if the party's candidate for governor or President polled at least 5% of
the total in either of the last two general elections, AND if it was on the
ballot for either of the last two general elections.
- New Hampshire For major party status, a political party must
nominate a candidate for governor or United States Senator that obtains at
least 4% of the vote in a general election. A political organization (minor
party) may still have its name on the ballot for the general election by
submitting a number of petitions equal to 3% of the votes cast in the last
general election. Anyone can be nominated by submitting 3,000 petitions for
governor, 750 for state senator, or 150 for state representative.
- North Dakota A political organization may not nominate
anyone for statewide or legislative office unless it:
- Holds a caucus meeting in every voting precinct throughout the state by
May 15th immediately following a general election,
- Had a candidate for president or governor receive at least 5% of the vote
at the most recent general election, OR
- Submits 7,000 petitions to the secretary of state.
Independents must be nominated at the primary election, with a different ballot
clearly marked "No-Party." The number of people nominated for each office
through the no-party process is twice the number of seats. In other words, as
there can only be one governor, no more than two "no-party" candidates can be
nominated.
- South Dakota For major party status, a party must submit a
number of petitions equal to 2.5% of the votes cast for governor in the last
preceding election. A minor party may have its designation on the general
ballot by submitting 250 petitions for statewide or federal office, or 5
petitions for legislative or county office. Independents may be placed on the
general ballot by submitting a number of petitions equal to 1% of the total
votes for the office of governor in the relevant district or subdivision in the
most recent general election.
- Vermont For major party status, a party must have received
at least 5% of the vote for any statewide office in the most recent general
election. Minor parties may not nominate someone for statewide office unless
town committees are set up in at least ten different towns. Anyone may be
nominated to be on the general election ballot by submitting 250 signatures for
statewide offices, 100 for state senator, or 50 for state representative.
- Wyoming For major party status, a political party must
nominate a candidate for statewide office that obtains at least 10% of the vote
in a general election. To nominate via petitions, the party must submit a
number of petitions equal to 2% of the votes cast in the relevant jurisdiction
for the office of United States Representative in the preceding general
election.
Geographic Features
The area of the candidate states, and their districts, is a factor that
deserves serious consideration. Some states have a larger rural population,
while the residents of some states prefer living in denser areas, mostly due to
climate issues. There are two primary reasons why the area of the state should
be a concern. First, the logistical difficulty of operating a campaign is
directly proportional to the distance that must be covered. Campaigns in
denser districts may be done on foot, whereas larger districts require hours to
canvass in a vehicle. Second, larger areas make influencing the political
process more difficult. There is much to be done in this regard, such as
testifying before senate and house committees and visiting legislators to
discuss issues. This is much easier when the state house is within easy
commuting distance.
Geographic Rural/Urban Characteristics
| State | Area1 |
Avg. House Area2 |
% Urban Areas3 |
Pop. Center to Capital4 |
| Alaska | 571,951 |
14,299 | 44.3 | 821.5 |
| Delaware | 1,954 |
48 | 67.8 | 25.8 |
| Idaho | 82,747 |
1,182 | 46.7 | 129.9 |
| Maine | 30,862 |
204 | 24.6 | 2.7 |
| Montana | 145,552 |
1,456 | 25.9 | 90.1 |
| New Hampshire | 8,968 |
102 | 44.6 | 7.3 |
| North Dakota | 68,976 |
1,468 | 35.8 | 116.4 |
| South Dakota | 75,885 |
2,168 | 25.8 | 126.7 |
| Vermont | 9,250 |
20 | 17.3 | 37.7 |
| Wyoming | 97,100 |
1,618 | 25.5 | 206.6 |
| 1 |
The area of the states in square miles. |
| 2 |
The area divided by the number of state house districts. This is merely
an average; it is important to remember that urban districts are quite small
while rural districts are much larger. |
| 3 |
The percentage of the population of the state that lives in urban areas,
as defined by the United States Census Bureau. |
| 4 |
The distance from the state capital to the population center of a given
state. This measure represents spatially where the capital is in regards to
the population of the state. (See here and here). |
Local Government
In the western states and in Delaware, the primary form of local government is
based on county jurisdictions. Within each county there may be incorporated
areas that may enact their own ordinances, as long as they are in compliance
with the laws of the state and county. The end result of this system is to
have all citizens under a tiered system, with those living in municipalities
suffering from an additional level.
The three New England states are different. While they have counties, they
exist mostly as lines on the map. Most of the functions of local government
are performed at the town level, and the majority of the land area in the
states is incorporated. In general, courts are operated at the county level,
but all other functions, from roads to police to fire service to schools, are
administered at the town level. Issues are discussed at town meetings, giving
each citizen an opportunity to speak his mind.
This form of government has several important advantages. First, it is the
closest to the people, assuring that everyone in each town knows their elected
town officials personally. Remember, most power rests in the hands of town
officials instead of county officials administering vastly larger areas.
Second, it provides citizens amazing control over the town budget. In New
Hampshire, fifteen signatures is enough to place a budget item, called a
"warrant," on the ballot for referendum. If you don't want that new high
school, get fifteen signatures and vote it down. If you don't want the town to
get a new garbage truck because you think trash collection should be
privatized, get fifteen signatures and put it on the ballot. Many towns have
less than 1,000 people, and some have less than 100. Hart's Location, NH, only
has 37 residents. Each town is in control of all of its spending.
This brings me to the final advantage of the town-centered form of local
government. There are some areas of the New England states that are not
incorporated. These are very lightly populated, and residents contract with
the nearest town to provide those services that they do not provide for
themselves, such as schools. There is no constitutional provision in New
Hampshire requiring public schools, but there is a constitutional prohibition
against the state issuing unfunded mandates to the towns. Thus, there is no
reason why a small group of FSP members could not simply move to an
unincorporated area and incorporate as a new town. For this town, they could
write their own charter, prohibiting public schools, taxes, zoning, and
anything else they wish. They could even decide to not have a police
department.
For that matter, there are even some low-population towns that a few dozen FSP
members would quickly overwhelm from sheer numbers. The current ordinances
could be repealed and the charter altered. The degree to which this
opportunity exists varies throughout the New England states. Vermont's
constitution does not protect towns from unfunded state mandates, while Maine's
constitution requires public schools to be maintained. New Hampshire offers
both advantages.
Executive Council
As noted earlier, population as a factor in the state choice is
only relevant because of the implications it holds for our ability to influence
the process and work within the political system. For elections, the
population of the entire state only matters when the entire state is your
district; that is to say, for statewide offices. There are very few statewide
offices. In most states only the governor, attorney general, and treasurer
come under the heading of "statewide," and these are the only offices for which
the state's population is an issue. As we will likely begin in local and state
legislative races, it is the size of those districts that should most concern
us.
New Hampshire possesses an advantage in this regard: the ability to influence
the executive branch without winning a statewide office. The governor works
with an elected "Executive Council," which must approve any expenditure over
$5,000. They help the governor craft the budget, approve the placement of
roads, and otherwise direct the day-to-day operation of government. The
council has five members, elected from districts of roughly 247,157 persons
each. These districts are, then, each almost exactly half the population of
Wyoming, and would allow us to influence the executive branch earlier than is
possible in any other state.
Conclusion
It is extremely simplistic to measure the candidate states against each other
simply on the basis of overall population, as doing so assumes all other things
are equal, which is assuredly not the case. There are two primary complicating
factors that must be taken into consideration when weighing population. The
first is the degree to which the native population leans with or against us.
It is far better for the project to be in a state of a million people who lean
libertarian than in a state of a half-million that leans socialist.
The second factor, which is even more important, is the accessibility of the
given state's political system. There are many measures of accessibility, some
of which can be quantified and some of which cannot. They include such
measures as district size, whether the state has multi-member districts or
fusion, or both, ballot access, and other unique features.
Considering population as a factor through these lenses provides a much more
accurate picture of our chances of actually effecting change in the candidate
states. One state, in particular, leaps to the top of the pile, both in terms
of the libertarian leanings of the native population and, most importantly, in
openness of the political system. On every measure here reviewed, New
Hampshire comes out at, or near, the top. Of critical importance is the fact
that New Hampshire offers that which no other state can: fusion combined with
large multi-member districts. This crucial advantage is explored further in a
companion report, Towards
Victory: A Strategy for Achieving a Libertarian Caucus.