Proposal would allow secret ballots at county level

LACONIA — When the Belknap County legislative delegation meets this week to elect their leadership, the state's Right-to-Know Law requires that the 17 members cast their votes in public.

A state representative from Carroll County, however, has proposed a change that would allow legislative delegations and county commissioners to elect their officers by secret ballot.

Rep. William Marsh, R-Wolfeboro, has submitted a legislative service request — or LSR — that would allow "county officers to be chosen by secret ballot, and exempting secret ballots from the Right to Know Law."

Marsh said he submitted the LSR — which is the first step in a proposal becoming a bill — at the request of former state Rep. David Babson, a Carroll County commissioner. 

Marsh said he agreed to sponsor the legislation "in exchange for him putting up some more of my campaign signs. That sounded like a pretty fair deal to me, so I did."

Rep. Karol Crawford, R-Center Harbor, is a co-sponsor of the LSR.

Babson said he asked for the bill as a way to take partisan politics out of the process of choosing county officers within the delegation.

By having representatives cast secret ballots to choose their chairperson, he said, they could choose the person they felt was best without regard to party.

"In a political atmosphere, somebody like Dr. Marsh (a physician), for example, might not want to be seen voting for a Democrat" in an open election, Babson said.

Babson said if he had his way, all such votes would be secret, including those for the local board of selectmen. "They should be secret so the individual that's voting has the feeling that he's not being intimidated, or politically intimidated, I should say."

Two Republican members of the Belknap County legislative delegation say they see Babson's point, but oppose secret balloting.

"I don’t like the secret ballot," said Rep. Raymond Howard Jr. "I know we do that in the Legislature when we elect the speaker, but that’s kind of a different situation."

Besides, said the Alton resident, "I like open government."

Laconia Rep. Frank Tilton said he opposes secret ballots and noted that the Belknap County delegation used to vote by secret ballot. They stopped after they were sued and the state Supreme Court ruled the practice unconstitutional when the county delegation using a secret ballot to fill a vacancy for county sheriff in 2007.

"The Supreme Court said there’s a difference between being elected and appointed," Tilton said.

In finding that the law required public officials to vote in public, the court said, "Such public scrutiny is of even greater import when the public body at issue consists of persons who by their very nature represent the will of the people, and, in their actions, are substituting their judgment for that of the people." 

Tilton said he's fine with open balloting, but he agreed with Babson that some people may vote differently depending on whether the vote is public or secret.

"I don’t mind telling anybody who I’m voting for, or it being made public," he said. "But I can see some people, it may affect how they vote."

Belknap County Commission Chairman David DeVoy, R-Sanbornton, said he understands Babson's argument about partisan politics influencing a vote when balloting is public, but he still prefers an open process.

"Politics isn't an easy business," DeVoy said. "I don't have any problem with people knowing how we vote. I think it should be all public. People should know how people vote."

"I think when it comes time to cast the ballot you need to do it in the open and explain why you’re doing what you’re doing," said Belknap County Commissioner Hunter Taylor, a Republican. "When the party’s right, support it. When it’s not, support what you think is right and let the voters know why. They can either turn you out or pat you on the back."

Tilton, the Laconia representative, noted that in the case of a three-member county commission, holding a secret ballot to elect a chair might border on the ludicrous.

"When there’s only three commissioners, it may be secret to the public, but that lasts about an hour," Tilton said. "If there’s two commissioners and both wanted it, they know who the third guy voted for."