19-03-2025
Strafford County commission residency 'fix' bill closer to reality
Mar. 18—The New Hampshire Legislature has only a few steps left to fix a mistake lawmakers made in 2023 to allow someone to serve as a Strafford County commissioner without living in the right district.
After a brief hearing, the Senate Election Laws and Municipal Affairs Committee voted unanimously to endorse legislation (HB 78) that the House of Representatives approved on a voice vote last month.
In June 2023, House Speaker Sherman Packard, R-Londonderry, broke a tie vote to pass legislation (HB 75) for the three Strafford County commissioners to run in separate election districts.
Until that point, the county was the only one of 10 in the state that had its commissioners all run at large.
But due to a drafting mistake, the legislation didn't at the same time strike a 1979 law that to this day states Strafford County commissioners can live in any community in the county.
The county's third district consists of two wards in Dover, two in Rochester and the towns of Strafford and Lee.
During the 2024 election, Republican nominee Sean Leavitt lived in a Dover ward in another commissioner's district and Democratic incumbent Deanna Rollo lived in Rollinsford, also in the wrong district.
Leavitt unseated Rollo after defeating former state Rep. Cliff Newton in the primary. Newton lived in a Rochester ward in that third district.
Moving out of district would require resignation
State Rep. Len Turcotte, R-Barrington, the bill's prime sponsor, said, if adopted, that starting with the 2026 election this would require the District 3 commissioner live in that district whether it's Leavitt or Rollo who wins.
The House amended the bill to ensure if any county commissioner across the state moves out of his or her district while in office, that incumbent would have to resign, he said.
"You have to remain there permanently while you are an elected official in that county. It's the same thing as a state rep or a state senator," Turcotte said.
Former Rockingham County Commissioner Brian Chirichiello of Derry lobbied for that change.
He pointed to former Commissioner Kevin Coyle, who moved from Derry to Portsmouth in 2019, but then stayed in the seat because the law stated the district residency requirement only applied "at the time" of election.
Rep. Tim Horrigan, D-Durham, didn't oppose the concept but urged the Senate to clean up the language.
"At a minimum come up with different verbiage," Horrigan said.
But Sen. James Gray, R-Rochester and the Senate panel's chairman, wanted the Senate to pass the bill as is so it could quickly go to Gov. Kelly Ayotte to resolve this issue.
"This is not the language I would pick but it is efficient and I would like to see it move right along," Gray said.
What's Next: The full Senate will vote on the bill in the coming weeks.
Prospects: Nothing is a guarantee in Concord but this one looks to be on the fast track to the governor's desk.
klandrigan@
