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William L. Chapman: It’s time for attorney general to explain SB 193 opinion Much has been written in the Concord Monitor about the wisdom and constitutionality of Senate Bill 193, the so-called “school voucher bill.” In this past Saturday’s edition, Reps. Mel Myler of Contoocook and David Luneau of Hopkinton argued that the bill is unconstitutional because it allows parents to use public funds to send their children to religious schools. They cite Part I, Article 6 of the New Hampshire Constitution, which states: “But no person shall ever be compelled to pay towards the support of schools of any sect or denomination.” That provision has been part of the constitution since its adoption in 1784. Not mentioned in their piece is the nearly identical prohibition added to Part II, Article 83 of the constitution in 1877: “No money raised by taxation shall ever be granted or applied for the use of the schools of institutions of any religious sect or denomination.” Citing both of these provisions, Associate Attorney General Anne Edwards raised concerns about the constitutionality of SB 193 in testimony to the House Education Committee in April 2017. Yet, as Reps. Myler and Luneau note, the attorney general has changed his position but has yet to make public his explanation for doing so. In an email dated December 28, 2017, to Terry Pfaff, House chief of staff, Attorney Edwards stated: “As discussed with Attorney General (Gordon) MacDonald this morning, we believe that SB 193, with its proposed amendment 2018-2530h, is constitutional. There are a few areas of the proposed amendment that could be enhanced and we are ready to provide technical assistance to the House.” Given the attorney general’s prior position based on the text of the two provisions of the constitution cited by Attorney Edwards, what has happened to override their clearly stated bar? Isn’t the public, not to mention our elected representatives who are debating whether to enact SB 193, entitled to know? After all, the attorney general states on his home page that the “mission of the department is to serve the people of New Hampshire.” One would suppose that serving the people includes, at the very least, addressing issues of constitutional importance – why a bill that authorizes state aid barred by the state constitution is permissible. The failure to state why cannot be reconciled with the attorney general’s longstanding position on the public’s “right to know.” When his office issued its most recent “Memorandum on New Hampshire’s Right-to-Know Law,” the attorney general’s letter to the “People of New Hampshire” stated: “The public’s right to know what its government is doing is a fundamental part of New Hampshire’s democracy. ...
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