Know Your News: The ongoing legislative debates over New Hampshire’s right-to-know law

A rundown of recent legislation that could impact public records, open meetings and press freedom

New Hampshire may pride itself on open government, but budget challenges at the state and local level are pressuring officials to limit right-to-know requests. From shrinking the office of the right-to-know ombudsman to debating who qualifies to request records, lawmakers are rethinking how public access to information should work in practice. New ideas ― such as a central online database for local records and legal protections against retaliatory lawsuits ― are also struggling to move forward.

Right-to-now ombudsman’s budget slashed

In 2022 New Hampshire created a new position in state government, the right-to-know ombudsman. Rather than going to the courts ― a lengthy and expensive process ― citizens could file a right-to-know complaint with the ombudsman for just $25.

However, in 2025 state legislators questioned whether a full-time ombudsman was justified. With pressure to cut state spending, legislators slashed the office of the Right-to-Know Ombudsman to just $30,000 per year. Going forward, the ombudsman will be a part-time position. It remains to be seen how that may impact right-to-know disputes.

Debate over press access under right-to-know law

New Hampshire’s right-to-know law protects the right of “every citizen” to inspect government records, but the law does not define exactly who that includes. Rochester made headlines in 2023 when its attorney told Harrison Thorp that the right-to-know law only applies to New Hampshire residents. Thorp, editor and publisher of The Rochester Voice, lived eight miles away in Maine.

This year, the N.H. House passed a bill to change the word “citizen” to “person” in the right-to-know law. The bill, House Bill 66, also clarified that any person who lives or owns a business in New Hampshire, and any member of the press, may request government records electronically.

The Senate killed HB 66, citing concerns over the burden on municipalities to reply to right-to-know requests. However, the House held on to a similar bill this summer, HB 74. That means the debate over “citizens” in the right-to-know law could make a comeback next year.

State-funded website for local records?

This year, a group of state representatives and senators introduced a bill that might ease the burden on municipalities to respond to right-to-know requests. HB 164 would create a publicly accessible website to store local records. The bill also funded a local records officer position in the Division of State Archives. Ideally this would reduce costs for municipalities while also increasing public access. With such a tough budget year, however, HB 164 was held back in the House Finance Committee.

Anti-SLAPP law considered again

Outside the right-to-know law, there is another debate around press freedom: whether New Hampshire needs an anti-SLAPP law. SLAPP stands for “strategic lawsuits against public participation.” These lawsuits attempt to intimidate journalists, victims and whistleblowers who speak up about injustice. An anti-SLAPP law allows the individual being sued to ask the court for immunity by a summary judgment. Ideally, this saves the individual from a drawn-out court battle they may not be able to afford.

This year, House Majority Leader Jason Osborne, R-Auburn, co-sponsored HB 391 to pass an anti-SLAPP law in New Hampshire. The House killed the bill, however, after the Judiciary Committee said it was too broad. This is not the first time New Hampshire considered anti-SLAPP legislation, however, and future bills are likely.

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Anna Brown is the executive director of Citizens Count, a nonprofit and nonpartisan organization dedicated to educating voters about the political process, as well executive director of the Warren B. Rudman Center for Justice, Leadership and Public Service at the University of New Hampshire’s Franklin Pierce School of Law.

This story is part of Know Your News — a Granite State News Collaborative and NENPA Press Freedom Committee initiative on why the First Amendment, press freedom, and local news matter. Don’t just read this. Share it with one person who doesn’t usually follow local news — that’s how we make an impact. More at collaborativenh.org.