Lawmakers fail to override Ayotte vetoes on book ban, bathroom bills

(The Center Square) — New Hampshire lawmakers have failed to override Gov. Kelly Ayotte’s vetoes of controversial measures, including a “bathroom” bill and another proposal that would have allowed “indecent” books to be removed from public schools and libraries.

Meeting in Concord Wednesday, the Republican-controlled Legislature reconvened to reconsider bills left over from the previous legislative session that didn’t survive Ayotte’s veto pen. A two-thirds majority was required to override the GOP governor’s objections, but lawmakers were unable to muster the necessary votes.

One proposal, House Bill 148, would have allowed the separation of bathrooms, locker rooms, sports and correctional facilities by biological sex, not a person’s gender identity.

But Ayotte, a first-term Republican, vetoed the bill citing concerns about its broadness and the possibility that it could open up the state to costly litigation. It was the second time in two years the bill has been rejected. Ayotte’s predecessor, then-Gov. Chris Sununu, a Republican, vetoed a nearly identical version of the bill.

“While I believe that the legislature should address this serious issue, it must be done in a thoughtful and narrow way that protects the privacy, safety and rights of all New Hampshire citizens,” Ayotte said at the time.

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A March poll by the University of New Hampshire found 71% of Granite Staters support policies aimed at keeping males who identify as women out of women’s sports. Only 21% oppose such policies, pollsters found.

Despite the support for the bill, House Republicans failed to override Ayotte’s veto by a vote of 188-165 at Wednesday’s House session.

Another bill, House Bill 356, would have given local governments the option of allowing candidates for nonpartisan local school boards and committees to run on party lines. It failed on a 177-174 vote.

Ayotte vetoed the bill for seeking to fix “a system that is not broken” and said allowing partisan elections for local school boards could lead to more political divisions in the state.

“Local school board elections are run properly and in a nonpartisan manner, and there is no need to fix a system that is not broken,” Ayotte wrote in her veto message. “Making these local elections into partisan fights will create unnecessary division between Granite Staters.”

The measure squeaked through the Legislature in the final days of its session, despite a recommendation by the Senate Election Laws and Municipal Affairs Committee that the bill be killed. Democrats, who constitute a minority in the Legislature, voted in unison against the plan.

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The House also upheld Ayotte’s veto of House Bill 324, which called for creating a new process for banning books in New Hampshire schools by allowing parents and other individuals to file complaints challenging specific titles in libraries they believe are inappropriate.

It specifically lists materials they deem “harmful” to minors, including nudity, sexual conduct, sadomasochistic abuse, as well as other “patently offensive” subject material that lacks “value” to students.

But Ayotte said the state already has a process for parents through their local school district to “exercise their rights to ensure their children are not exposed to inappropriate materials.”

Another bill that failed to win the two-thirds majority needed to override, House Bill 667, would have required public schools to include a video or animation of a fetus in health classes. Ayotte’s veto was upheld by a 159-190 vote.

The bill’s sponsor, state Rep. John Sellers, R-Bristol, said in a House floor speech that requiring students to watch the development of a human fetus would help teenagers to make “better” health decisions later in life.

“We all want to support women by empowering them with knowledge to enhance their reproductive decisions,” Sellers said in remarks. “That’s what this video would do.”

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