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These objective, nonpartisan measures are used to show this legislator's activities at the Statehouse in 2023. The measures are not intended to present a ranking or rating of any kind. Average is that of all state elected officials in this chamber. Gov. Sununu is still in the process of signing and vetoing 2023 bills, so the number of prime sponsored bills that became law may increase.

Session days attended
100% Present
Average 99%
Party unity score/partisanship
100% With Party
Average 97%
Participated in official roll call votes
100% Roll Call Votes
Average 99%
Bills sponsored (as prime sponsor)
12 Prime Sponsored Bills
Average 11
Prime sponsored bills that became law
3 Became Law
Average 5

Voting Record

CACR 24 (2024)

Constitutional amendment creating "an individual's right to personal reproductive autonomy."

HB 1205 (2024)

Prohibits anyone with the reproductive biology and genetics of a male at birth from participating on school sports teams designated for females. As introduced, this bill covered K-12 schools as well as the university and community college system. The House amended the bill so that it only applies to middle and high schools.

HB 1633 (2024)

Legalizes and regulates recreational marijuana sales to adults over age twenty-one. As amended by the House, this bill would allow the state to license fifteen cannabis retail outlets. There would be a 10% tax on monthly total gross revenue derived from the sale of cannabis and cannabis products. Smoking in public and consuming marijuana while driving would be illegal. Towns could limit marijuana businesses.

HB 1665 (2024)

Raises the annual household income limit to qualify for the Education Freedom Account (EFA) program, from 350% to 500% of the federal poverty level (from about $100,000 to about $150,000 for a family of four).

The Senate rewrote the bill. The Senate version of the bill raises eligibility to just 400% of the federal poverty level, and extends the timeline for phase-out grants for public schools when students leave to use EFA program funds, from 2026 to 2029. These changes are similar to SB 442, a bill killed in the House.

HB 2 (2023)

State budget bill (part 2). The governor presented his proposal for the next state budget February 14. The House and Senate both made changes to that proposal. Click here to read a summary of the 2023 budget process.

HB 224 (2023)

Repeals the civil and criminal penalties for health care providers who violate the state's ban on abortion after 24 weeks.

HB 367 (2023)

Increases the maximum household income limit for participation in the Education Freedom Account program, from 300% to 500% of the federal poverty guidelines. The Education Freedom Account program allows families to spend the state's per-pupil share of education funding on private or home school expenses.

The House amended the bill to only increase the income limit to 350% of the federal poverty guidelines.

HB 619 (2023)

Prohibits gender transition care for minors under age 18. This bill also prohibits teaching about gender identity in public schools (with an exception for high school psychology courses), requires schools to use the name and gender that students are enrolled as, prohibits students from participating on sports teams that do not correspond to their biological sex at birth, and requires students to use the bathroom that corresponds with their biological sex at birth.

HB 624 (2023)

Requires state and local law enforcement to notify the public before an immigration checkpoint.

HB 639 (2023)

Legalizes marijuana for adults over age twenty-one. The bill allows limited home-growing of marijuana. A new Cannabis Commission would oversee licensing and regulations related to the manufacture, testing, and sale of legal marijuana. Cannabis sales would be taxed under the Meals and Rooms tax system. Alternative Treatment Centers, which currently serve the state's medical marijuana patients, would be allowed to apply for a "dual use certificate" that allows them to participate in recreational marijuana business. Towns could limit marijuana businesses.

SB 104 (2023)

Establishes regulations for online gambling, with the proceeds going to a new community college scholarship fund.

SB 117 (2023)

Changes the definition of "child" in the law about negligent storage of firearms, raising the age to anyone under age 18.

SB 144 (2023)

Gradually increases the minimum wage to $15 per hour by July 1, 2024.

SB 220 (2023)

Allows any voter to vote by absentee ballot, whether or not he or she will actually be absent on election day. The bill also allows partial processing of absentee ballots prior to Election Day.

SB 263 (2023)

Permanently reauthorizes the New Hampshire Granite Advantage Health Care Program, commonly known as expanded Medicaid. Previous law ended the program on December 31, 2023. This bill also reestablishes and revises the commission to evaluate the New Hampshire Granite Advantage Health Care Program, commonly known as expanded Medicaid.

SB 272 (2023)

Establishes a parental bill of rights in education. Some of the parental rights in this bill include:
"The right to access and review all medical records of a child maintained by a school or school personnel"
"The right to inquire of the school or school personnel and to be truthfully and completely informed if the child is being identified or referred to by school district staff, as being of a gender other than that of which the child was identified or referred when enrolled"

SB 308 (2024)

Increases the minimum wage to $12 per hour in 2024 and $15 per hour in 2025.

SB 360 (2024)

Establishes a procedure for issuing extreme risk protection orders to protect against persons who pose an immediate risk of harm to themselves or others. Family, household members, and law enforcement could petition the court for an order. An extreme risk protection order would restrict a person's access to firearms, and is also known as a "red flag law."

SB 415 (2024)

Sets a mandatory minimum sentence for supplying fentanyl. The minimum starts at three years and six months for 5 grams of fentanyl, and goes up for higher quantities.

SB 461 (2024)

Repeals a line in the law against abortion after 24 weeks that states, "Nothing in this subdivision shall be construed as creating or recognizing a right to abortion."

The Senate rewrote the bill. The new bill requires any health care provider who performs an abortion to report information including:

SB 536 (2024)

Allows any voter to register and vote by absentee ballot, whether or not he or she will actually be absent on election day.

SB 563 (2024)

Prohibits state and local governments from adopting "sanctuary policies," which prohibit or impede law enforcement cooperating with federal immigration enforcement.

The Senate added the text of this bill to HB 1292.

Declined to complete our 2022 State Candidate Survey

Position on Issues

Voting Record, 2024

In 2022, Whitley voted to consider repealing the Education Freedom Account program (SB 432). 

Sen. Whitley also voted against HB 367, a 2023 bill which increases the maximum household income limit for participation in the Education Freedom Account program, from 300% to 350% of the federal poverty guidelines.

In 2024 Sen. Whitley voted against SB 442, a bill that would raise the income cap for families participating in the EFA program from 350% to 400% of the federal poverty level.

Citizens Count Issue Survey, 2020

Should New Hampshire ban abortions during the first trimester (e.g. after 6 weeks gestation)?

When asked on a ban on abortion after 24 weeks gestation, Whitley wrote, "All across the country and here in NH, there are efforts to restrict access to critical family planning services and impose abortion bans. There is simply no place for that in New Hampshire and we need to remain vigilant. We need to protect New Hampshire's positive reproductive legal landscape and prevent unnecessary and dangerous barriers to care. We cannot allow national efforts to restrict access and impose abortion bans to seep into New Hampshire. Right here in New Hampshire, several bills were introduced this past session effectively banning abortion. We need bold, state-level champions for reproductive health and justice who will resist any efforts to restrict access to critical family planning services, impede access to abortion, or impose abortion bans in New Hampshire. Denying someone the full range of reproductive health care, including abortion care, jeopardizes an individual's economic well-being and ability to determine their own future. When laws push abortion care out of reach, this undermines the economic security individuals need to raise happy, healthy families."

Citizens Count Issue Survey, 2020

Should New Hampshire ban abortions during the second trimester (e.g. after 15 weeks gestation)?

When asked on a ban on abortion after 24 weeks gestation, Whitley wrote, "All across the country and here in NH, there are efforts to restrict access to critical family planning services and impose abortion bans. There is simply no place for that in New Hampshire and we need to remain vigilant. We need to protect New Hampshire's positive reproductive legal landscape and prevent unnecessary and dangerous barriers to care. We cannot allow national efforts to restrict access and impose abortion bans to seep into New Hampshire. Right here in New Hampshire, several bills were introduced this past session effectively banning abortion. We need bold, state-level champions for reproductive health and justice who will resist any efforts to restrict access to critical family planning services, impede access to abortion, or impose abortion bans in New Hampshire. Denying someone the full range of reproductive health care, including abortion care, jeopardizes an individual's economic well-being and ability to determine their own future. When laws push abortion care out of reach, this undermines the economic security individuals need to raise happy, healthy families."

Citizens Count Issue Survey, 2022

Should New Hampshire ban discussions about sexual orientation and gender identity in grades K-3?

Voting Record, 2022

Voted to consider repealing the law aimed at banning critical race theory in schools (SB 298)

Citizens Count Issue Survey, 2020

Should NH add an income tax on earned income?

"We need to remain steadfastly connected to our core values as Democrats and move away from a zero-sum budgeting process, where we are forced to cut critical services and valuable state employees. Instead, we need to take an honest, fresh look at our potential revenue sources. We know that tax revenue under our current tax structure will be down and that this will have a significant impact on the state budget. New Hampshire relies on property taxes, limited business taxes, and tourism-driven revenues to balance our state budget. We need structural change to New Hampshire's framework of taxation which places an incredible burden on property taxpayers and gives tax breaks to wealthy corporations. Crushing property taxes greatly disadvantages older folks, young families, working families, and communities of color ? the very people we need to focus on with in our recovery. We need a more equitable funding system and we can't afford to take solutions off the table which is why I would consider an income tax. We cannot afford to balance the state budget on the backs of property taxpayers any longer."

Citizens Count Issue Survey, 2020

Should NH add a broad-based sales tax?

"We need to change NH's framework of taxation which is not sustainable and places an incredible burden on property taxpayers. We need a more equitable funding system and we can't afford to take solutions off the table. I think we need to consider more equitable and progressive taxes before a broad-based sales tax."

Citizens Count Issue Survey, 2022

Should New Hampshire add a tax credit for businesses that contribute to student loan repayment for employees?

Citizens Count Issue Survey, 2020

Should New Hampshire lower business taxes?

"We cannot continue to provide tax giveaways to wealthy corporations while property taxes are crushing working families and small businesses."

Citizens Count Issue Survey, 2022

Should New Hampshire government do more to address climate change?

Voting Record, 2022

Voted against creating a conditional "affidavit ballot" for voters without ID (SB 418)

Citizens Count Issue Survey, 2022

Should New Hampshire add a fee or mileage charge for electric vehicle owners to help pay for transportation and/or electric infrastructure?

Voting Record, 2023

Sen. Whitley voted for SB 145, a 2023 bill to establish a New Hampshire Housing Champion Designation Program. Generally speaking, cities and towns that adopt land use regulations, water infrastructure, public transportation, and other programs that promote the development of workforce housing would have preferential access to state funds.

Citizens Count Issue Survey, 2020

Should New Hampshire extend the renewable portfolio standard past 2025, requiring public utilities to obtain more than 25% of electricity from renewable energy sources?

"We need to use all means available in our Renewable Portfolio Standard to set ambitious but achievable renewable energy goals."

Voting Record, 2023

Sen. Whitley voted to consider HB 88 and SB 181. Both bills would prohibit any new state restrictions on abortion, without changing the current ban on abortion after 24-weeks and the requirement for parental notification before a minor's abortion.

Citizens Count Issue Survey, 2020

Do you support the option of mail-in ballots for all voters, not just absentees?

"We need to ensure ALL eligible voters are able to access the polls and protect and expand voting rights in NH. Across the country, and especially here in New Hampshire, we have seen legislation to disenfranchise voters, particularly students and communities of color."

Voting Record, 2022

Voted to legalize possession of 3/4 oz marijuana with home growing, no sales (HB 629)

Citizens Count Issue Survey, 2020

Should New Hampshire legalize the recreational use of marijuana by licensing growers and private retail locations?

When asked about marijuana legalization in general on the 2020 Citizens Count issue survey, Whitley said, "I support legalizing cannabis with commonsense policies to advance public health. Cannabis prohibition has not stopped cannabis use or sales. Instead, it has fueled a black market, perpetuated the false theory that we can and should treat substance misuse by penalizing it, and contributed to mass incarceration. A black Granite Stater is four times more likely than a white Granite Stater to be arrested and jailed for marijuana possession. New Hampshire has rightfully undertaken a phased-in approach on cannabis, starting with therapeutic cannabis and continuing by decriminalizing small amounts. These policies have worked, and I believe it is time to legalize cannabis. My first priority is the health and prosperity of Granite State families. Legalizing cannabis can and should be coupled with strong public health protections that reduce harms, help prevent substance misuse, protect youth from harmful effects, and ensure social equity. We can simultaneously end prohibition and advance commonsense policies that avert misuse. This includes setting the legal age for cannabis at 21 and regulating the sale of cannabis products. Because New Hampshire has limited sources of revenue, taxing cannabis cultivation and sales could be an important new source of revenue for the state. Similar to the regulation of alcohol in New Hampshire, at least 10% of revenue from cannabis cultivation and sales should go towards prevention, treatment and recovery programs for substance misuse. Allowing adults to grow their own cannabis for personal use must be coupled with restrictions on gifting and in particular, prohibitions on gifts to anyone under 21 and limits on the amount that can be gifted. There should also be limits on the amount that can be cultivated for personal use to ensure it does not undermine the regulated retail market."

Citizens Count Issue Survey, 2022

Should New Hampshire legalize the recreational use of marijuana by establishing state-run cannabis stores?

Citizens Count Issue Survey, 2020

Should New Hampshire raise the minimum wage?

"Even before the recent crisis, New Hampshire families were experiencing real economic strains and working families are dealing with even more pressure now. Costs continue to rise but wages aren't keeping pace. We need to put working families first in this recovery. Every Granite Stater should have access to a living wage that can provide a decent standard of living. Working families and those working full time should have enough money to live above the federal poverty line. We need to set a state minimum wage at a living wage and support our small businesses by allowing a phased approach."

Citizens Count Issue Survey, 2022

Should the state permanently increase how much tax revenue it shares with towns and cities every year, beyond public school funding?

Voting Record, 2023

Sen. Whitley voted against part of HB 2 (2023) that would have eliminated the Interest and Dividends tax. Sen. Whitley also voted to consider a bill that would have stopped the phase-out of the Interest and Dividends tax at 4%, SB 261 (2023).

Citizens Count Issue Survey, 2022

Do you support the state’s current system of public school funding, with each district’s total funding primarily dependent on local property tax revenue?

Citizens Count Issue Survey, 2020

Should New Hampshire repeal the ban on abortion after 24 weeks gestation?

When asked on a ban on abortion after 24 weeks gestation, Whitley wrote, "All across the country and here in NH, there are efforts to restrict access to critical family planning services and impose abortion bans. There is simply no place for that in New Hampshire and we need to remain vigilant. We need to protect New Hampshire's positive reproductive legal landscape and prevent unnecessary and dangerous barriers to care. We cannot allow national efforts to restrict access and impose abortion bans to seep into New Hampshire. Right here in New Hampshire, several bills were introduced this past session effectively banning abortion. We need bold, state-level champions for reproductive health and justice who will resist any efforts to restrict access to critical family planning services, impede access to abortion, or impose abortion bans in New Hampshire. Denying someone the full range of reproductive health care, including abortion care, jeopardizes an individual's economic well-being and ability to determine their own future. When laws push abortion care out of reach, this undermines the economic security individuals need to raise happy, healthy families."

Citizens Count Issue Survey, 2020

Should NH pass stricter gun control laws?

"Gun violence is a public health crisis in our country. It's also preventable and it doesn't mean ripping guns away from responsible fun owners ? unless it's assault weapons which are weapons of war not suitable for civil society. The majority of Granite Staters have long supported common-sense gun violence prevention. I was proud to receive the Gun Sense distinction from Moms Demand Action."

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