By Rep. Marjorie Porter, D-Hillsborough

We are in the middle of a public health nightmare, a pandemic crisis that has us anxious and confined to our homes for everyone’s protection. Many of us are out of work, and money is tight. We may be having a hard time feeding our families. More than ever, we rely on the government to help us get through. If there was ever a time when we should put partisan differences aside and work together for the common good, this is it.

We all breathed a sigh of relief when the federal CARES Act was signed into law last month. New Hampshire’s share of the stimulus package is $1.25 billion. The money is due to come into the state on April 24.

This is a huge amount of money, nearly half of the state’s general fund revenues for this fiscal year. And from the looks of things, we are going to need every cent to take care of our citizens and keep our economy as healthy as possible. We need to be working together to make sure this happens quickly and smoothly.

So why, then, in this state of emergency, are leaders in the NH House and Senate suing the governor? I’ll try to explain.

First of all, right at the onset, let me say I commend Governor Sununu for his handling of the crisis so far. He has taken the proper steps to try to contain the virus as much as possible, and those steps seem to be preventing things from being much worse than they are.

I am pleased to note some of his emergency actions have put in place policies Democrats in the legislature have long been fighting for.

Raising the minimum weekly unemployment benefit and waiving the waiting period before the first check can be received will help those newly unemployed. Allowing those who are at home caring for someone—a child, a sick or disabled adult, or themselves—to collect an unemployment benefit is a move even he himself called “paid family leave.”

Providing a pay boost by way of stipends for healthcare and home-health workers is a boon for some of our lowest paid essential workers who are putting themselves on the line to take care of our most vulnerable.  All these actions strengthen the social safety net when it is most needed.

And providing a very liberal interpretation of absentee voting requirements assures that almost anyone can vote that way if they so choose, keeps our elections safe and has been a goal of voting-rights activists for years now.

By declaring a state of emergency, governors give themselves increased powers, allowing them to by-pass roadblocks that might prevent them from acting quickly when the need is greatest.  This is a good thing, as long as they are careful not to overstep.

You will remember from your days of high school civics our government is founded on the doctrine of separation of powers and a system of checks and balances. The legislative branch which represents the people holds the purse strings and makes the laws; the executive branch administers the laws and holds the power of the veto; and the judicial branch interprets the laws and acts as a referee when there are disputes.

Ever since our founding days, Granite Staters have feared a too powerful executive. Our constitution established a strong executive council, which must approve all contracts and nominations for appointment the governor makes. As a result, New Hampshire’s governors are relatively weak compared to those in other states. Even in an emergency, she may not assume powers not provided for in the constitution, and she still must follow the laws.

So, here is where the lawsuit enters.

The NH legislature has the power of the purse strings. NH law has established a bi-partisan legislative Joint Fiscal Committee, made up of representatives and senators, whose function it is to accept all federal funds coming into the state and approve their expenditure, even in times of emergency. This long-standing committee has in place accounting, auditing and legal systems, is staffed by the non-partisan Legislative Budget assistants, and works in collaboration with the state treasurer’s office. It keeps close track of every federal dollar coming in and being spent and is open and transparent, so taxpayers know how their tax dollars are being used.

States of emergency have been declared under governors from both parties, and the Fiscal Committee accepted, approved, and expended the federal money coming into the state in those emergencies.

Anticipating the $1.25 billion coming into the state on next week, Governor Sununu has said he would by-pass the Fiscal Committee in favor of his own Governor’s Office for Emergency Relief and Recovery committee, made up of legislative leaders from both parties, whose function is solely to advise. The governor says this is so he can move quickly.

The legislators filing suit say the governor needs to follow the dictates of RSA 9:13-d, enacted in 1978, which allows the governor to spend any money necessary in a state of emergency “with the advice and consent of the Fiscal committee.” Accounting and auditing measures are already set up, and they can and will move quickly to meet the needs of the state. Legislators are the people’s representatives; it is their responsibility to make sure the people’s money is used fairly and well.

There will be a court hearing on the case on Monday, April 20 at 8 a.m.  The court, acting as law interpreter and referee, will decide whether the governor must follow the law, or can go it on his own.

Even though the legislators are Democrats and the governor is a Republican, this is not a partisan issue. Were roles reverse, I would expect the legislators in power to do the same.

Especially in these times, we need to respect our constitution, keep the government steady and strong, and respect the rule of law.

Regardless of the outcome, the $1.25 billion will still come to the state. And no one’s stimulus or unemployment checks will be impacted at all by this lawsuit.