RTK bill may change, but The Voice will likely prevail: House Judiciary chair

The Senate Judiciary Committee unanimously passed HB 1069 on Tuesday. It is expected to be voted on by the full Senate on Thursday. (Rochester Voice graphic)

Editor's note: This is one in an occasional series focusing on The Rochester Voice v. City of Rochester complaint over the city's refusal to honor digital Right to Know requests made by The Rochester Voice. The city of Rochester contends it doesn't have to comply with such requests, because Rochester Voice editor Harrison Thorp is not a New Hampshire citizen.

CONCORD - The House Judiciary Committee Chair who drafted an amendment to a House Bill strengthening the state's Right to Know statute said Senate members are considering a change to the amendment prior to voting on it next Thursday.
The amendment inserted by House Judiciary Chair Bob Lynn changes the 91-A statute - that governs the state's Right to Know law - from "every citizen" to "any person."
Lynn said he wasn't sure of the exact wording the newer amendment may take, but said that The Rochester Voice would still be a benefactor if it goes through.
He said whatever the new verbiage does turn out to be "those who have a mailing address in New Hampshire or are a member of the media" will be exempt from Right to Know restrictions.
He also again expressed his chagrin and disappointment that the City of Rochester was denying The Rochester Voice access to government documents, based solely on the fact that Rochester Voice editor and publisher Harrison Thorp lives in Maine.
"I don't see how they can do that," he said on Friday.
Lynn had originally tacked amendment 0406h onto HB 1069 to change the verbiage from "every citizen" to "any person," which would have ensured that The Voice could receive 91-A protections, but some in the Senate were skeptical fearing that bad actors from out-of-state could take advantage of the bill for political purposes.
The Senate Judiciary Committee unanimously passed HB 1069 on Tuesday. It is expected to be voted on by the full Senate on Thursday.
Lynn wasn't certain whether the change in the amendment would come from a floor amendment or a conference committee.
Since April 2023 the City of Rochester has refused The Rochester Voice digital Right to Know requests on the basis that The Rochester Voice is domiciled in Maine.
Rochester City Attorney Terence O'Rourke argued before the Right to Know Ombudsman's Office in October and earlier this month in Strafford Superior Court that the word "citizen" currently in 91-A refers to New Hampshire citizens only, precluding The Voice from receiving both 91-A protections and digital documents.
During the city's appeal of the Ombudsman's decision to make no finding, O'Rourke argued on May 2 before Strafford Superior Court Judge Daniel E. Will that Thorp had no standing to get digital RTK documents because he lives in Maine.
"Considering that Mr. Thorp runs a news organization that covers Rochester, does that move the needle?" asked Judge Will.
"No," O'Rourke replied.
Both O'Rourke and Rochester City Manager Katie Ambrose have also stated that even after The Rochester Voice incorporated in the state of New Hampshire in January, the award-winning digital daily still does not have standing to receive 91-A protections.
O'Rourke has also declared that illegal migrants living in New Hampshire could receive digital Right to Know requests, a statement that many among The Voice readership have openly ridiculed.