Kelly Ayotte

Kelly Ayotte
United States Senator from New Hampshire
Incumbent
Assumed office January 3, 2011 Serving with Jeanne Shaheen
Preceded by	Judd Gregg
Attorney General of New Hampshire
In office June 15, 2004 – July 17, 2009
Governor	Craig Benson John Lynch
Preceded by	Peter Heed
Succeeded by	Mike Delaney
Personal details
Born	Kelly Ann Ayotte June 27, 1968 Nashua, New Hampshire, U.S.
Political party	Republican
Spouse(s)	Joseph Daley (2001–present)
Children	2
Alma mater	Pennsylvania State University, University Park Villanova University
Religion	Roman Catholicism[1]
Website	Senate website

Kelly Ann Ayotte (/ˈeɪɒt/ AY-ot;^[2] born June 27, 1968) is an American politician and the junior United States Senator from New Hampshire, serving since 2011. A member of the Republican Party, she is the second youngest of the 20 female Senators, and the twelfth-youngest overall.

Born in Nashua, New Hampshire, Ayotte is a graduate of Pennsylvania State University and Villanova University School of Law. She worked as a law clerk for the New Hampshire Supreme Court before entering private practice. She also worked as a prosecutor for the New Hampshire Department of Justice, and briefly served as the legal counsel to New Hampshire Governor Craig Benson, before returning to the Department of Justice to serve as deputy attorney general of New Hampshire. In June 2004, Governor Benson appointed Ayotte as attorney general of New Hampshire, after the resignation of Peter Heed. She became New Hampshire's first female attorney general, serving from 2004 to 2009, after she was twice reappointed by Democratic governor John Lynch. In July 2009, Ayotte resigned as attorney general to pursue a bid for the U.S. Senate, after three term incumbent Judd Gregg announced his retirement from the Senate.

In September 2010, Ayotte won a close victory over lawyer Ovide M. Lamontagne in the Republican primary for the U.S. Senate. She then defeated Democratic congressman Paul Hodes, with 60% of the vote in the general election, and was later sworn into the U.S. Senate as a member of the 112th Congress, on January 3, 2011. Ayotte was mentioned as a possible running mate for Republican nominee Mitt Romney in the 2012 presidential election.^[3][4][5] An August 2013 cover story by Newsmax magazine named Ayotte No. 1 among the 25 most influential women in the GOP, calling her “an emerging force in Congress.”^[6]

Early life, education, and career

Ayotte was born in Nashua, New Hampshire, on June 27, 1968, the daughter of Kathleen M. (née Sullivan) and Marc Frederick Ayotte. Her father's family is of French-Canadian descent.^[7] She attended Nashua High School. She received a B.A. from Pennsylvania State University in political science.^[8] While a student at Penn State, Ayotte was initiated into the Delta Gamma sorority.^[9] In 1993, Ayotte received a J.D. from Villanova University School of Law, where she had served as editor of the Environmental Law Journal.^[10]

Ayotte clerked for Sherman D. Horton, associate justice of the New Hampshire Supreme Court, for one year. From 1994 to 1998, she was an associate at the Manchester law firm of McLane, Graf, Raulerson & Middleton.^[11]

In 1998, she joined the office of the New Hampshire Attorney General as a prosecutor. In 2003, Ayotte became legal counsel to Governor Craig Benson. Three months later, she returned to the attorney general's office as deputy attorney general.^[12] In June 2004, Ayotte was appointed Attorney General of the State of New Hampshire by Governor Benson following Peter Heed's resignation.^[13]

New Hampshire Attorney General

Ayotte v. Planned Parenthood of Northern New England

In 2003, the United States District Court for the District of New Hampshire found the New Hampshire law requiring parental notification of a minor's abortion, the Parental Notification Prior to Abortion Act, unconstitutional and enjoined its enforcement. In 2004, New Hampshire attorney general Peter Heed appealed this ruling to the United States Court of Appeals for the First Circuit, which affirmed the district court's ruling. In 2004, Ayotte appealed the First Circuit's ruling to the Supreme Court, over the objection of incoming Democratic Governor John Lynch. Ayotte personally argued the case before the Supreme Court.

Ayotte won the case 9-0. The Supreme Court unanimously vacated the ruling by the district court and remanded the case back to the district court, holding that it was improper for the district court to completely invalidate the statute instead of just severing the problematic portions of the statute or enjoining the statute's unconstitutional applications.^[14]

In 2007, the New Hampshire Parental Notification Prior to Abortion Act was repealed by the New Hampshire legislature, mooting the need for a rehearing by the district court.^[15]

In 2008, Planned Parenthood sued to recover its attorney fees and court costs from the New Hampshire Department of Justice.^[16] In 2009, Ayotte, as attorney general, authorized a payment of $300,000 to Planned Parenthood to settle this lawsuit.^[17]

Prosecution of murder cases

As assistant attorney general, Ayotte prosecuted two defendants for the 2001 Dartmouth College murders in Etna, New Hampshire. After she became attorney general, she prosecuted the high profile capital murder of a Manchester police officer, Michael Briggs, in 2006. It resulted in a conviction and death penalty sentence.^[18] Members of the slain police officer's family have appeared in television ads for her Senate campaign praising her leadership.^[19][20]

New Hampshire Institute of Politics

Ayotte served as a board member of the Public Advisory Board at the New Hampshire Institute of Politics at Saint Anselm College while Attorney General.^[21] She has returned to the Institute since being elected Senator. She made a visit in March 2011 to talk to political science students.^[22]

On May 28, 2013, she attended a forum at Saint Anselm College to explain her "Never Contract With the Enemy Act" (S. 675) she co-sponsored with Richard Blumenthal (D-CT).^[23] She was accompanied by Special Inspector General for Iraq Reconstruction Stuart Bowen. They addressed military contractor fraud and how to prevent funds paid to military contractors in Afghanistan and Iraq from winding up in the hands of parties hostile to the United States.^[24]

U.S. Senate

2010 election

Ayotte campaigning in Amherst, New Hampshire on Independence Day 2010

Incumbent Republican U.S. Senator Judd Gregg decided to retire, instead of seeking re-election in the 2010 senate election in New Hampshire. Ayotte resigned as attorney general on July 7, 2009 to explore a run for U.S. Senate in 2010.^[25][26] Ayotte was recruited by the National Republican Senatorial Committee to enter the race.^[27][28] On September 14, 2010, Ayotte defeated lawyer Ovide M. Lamontagne, businessman William Harrison Binnie and Jim Bender in the Republican primary. In the general election, Ayotte ran against Democratic nominee U.S. Representative Paul Hodes, Libertarian nominee Ken Blevens, and Independent Chris Booth. Ayotte won with 60 percent of the vote.^[29]

Endorsements

Ayotte was endorsed by John McCain, Sarah Palin, John Thune, Tom Coburn, Mitt Romney, Tim Pawlenty, Haley Barbour, and Rick Santorum.^[30] According to one senior GOP aide, "The addition of a Republican woman from New England who’s young, who’s a mom … all of these things broaden the Republican party’s appeal and say to different segments of the population, 'This party has folks in it that are just like you.'"^[30]

2016 election

Ayotte is running for re-election to her U.S. Senate seat in 2016. No candidates have filed against her for the Republican primary election, which will take place on September 13, 2016. The lone Democrat to file for election is Maggie Hassan, the current Governor of New Hampshire.^[31]

In February 2016, the conservative advocacy group Americans for Prosperity announced that Ayotte was the lone vulnerable Republican U.S. Senator the group would not be supporting in the 2016 election cycle, saying Ayotte was too moderate to warrant the conservative group's financial backing.^[32]

On May 4, 2016, an Ayotte spokeswoman said Ayotte "intends to support the Republican nominee" for U.S. President, but does not plan to make an endorsement.^[33]

Tenure

Ayotte was appointed counsel to Minority Leader Mitch McConnell in January 2013, which is considered a leadership position.^[34] She has been visible on national security matters as a member of the Senate Armed Services Committee.^[35] In October 2011, Ayotte sponsored a bill with Senator John McCain to control costs associated with major defense acquisition programs.^[36] She also fought attempts by the Obama administration to try terror suspects in civilian courts.^[36]

Ayotte has advocated for a constitutional amendment to require a balanced federal budget annually as a member of the Senate Budget Committee.^[36] During the standoff over increasing the national debt limit in 2011, Ayotte pushed for greater cuts in government spending and voted against the eventual deal.^[36] In 2012, Ayotte voted with four other GOP senators to defeat a proposal to block the Environmental Protection Agency from promulgating the first federal standards regulating air pollution from power plants.^[36]

Legislation

Ayotte has sponsored 217 bills, including:^[37]

112th Congress (2011–2012)

• S. 944 and S. 982, bills to keep the Guantanamo Bay detention camp open, to prohibit prisoners held there from being released back to their country of origin, and to prohibit the construction or modification of any facilities used to house any individual under detention at Guantanamo, introduced May 11 and 12, 2011
• S. 1704, a bill to reduce the number of strategic airlift aircraft used by the United States Air Force from 316 to 301, introduced October 13, 2011
• S. 1996, a bill to require the Congressional Budget Office to release macroeconomic reports alongside its budget reports for major bills and resolutions (which the bill defines), introduced December 15, 2011, reintroduced in the 113th Congress as S. 184
• S. 2320, a bill to treat Clark Veterans Cemetery in the Republic of the Philippines as a permanent military cemetery in a foreign country under the purview of the American Battle Monuments Commission, and to have the Commission restore and maintain the cemetery, introduced April 19, 2012. While this bill did not become law, an agreement has since been made between the U.S. and Philippine governments to do what the bill intended.^[38]

113th Congress (2013–2014)

• S. 31, a bill to permanently ban state and local governments from imposing taxes on the access to the internet and on goods sold by means of the internet, introduced January 22, 2013.^[39]
• S. 263, a bill to prohibit federal agencies from hiring more than one employee for every three full-time employees who leave employment from that agency until the Office of Management and Budget determines that employment in that agency is at least 10% less than it was previously, and to prohibit members of Congress from receiving a cost-of-living adjustment (COLA) in their pay in years in which the federal government has a budget deficit, introduced February 7, 2013.^[40]
• S. 862, a bill to allow certain individuals to be exempted from the Patient Protection and Affordable Care Act's minimum essential health care coverage requirements if one's religious beliefs would cause them to object to medical care provided under any of the requirements, introduced May 6, 2013.
• S. 1406, introduced July 31, 2013, a bill to permit the Secretary of Agriculture to issue regulations for the issuance of permits for people hired for the management of horse shows, exhibitions, auctions, and sales, requiring all such individuals to be qualified to identify instances of soring. Individuals receiving the permits must be cleared of any potential conflicts of interest and preference is to be given to accredited veterinarians. The bill further makes it a crime for any person to sell, auction, exhibit, or race any sore horse, and bans Tennessee Walking Horses, Racking horses, and Spotted Saddle horses from being sold, auctioned, exhibited, or raced if they are equipped with any action device (which the bill defines) or equipment that would alter the gait of the horse. A companion bill has been introduced in the House of Representatives as H.R. 1518.^[41]
• S. 1764, a bill to prohibit the Department of Defense from retiring the Fairchild Republic A-10 Thunderbolt II until a sufficient number of Lockheed Martin F-35 Lightning IIs have been constructed to replace the existing A-10s, introduced November 21, 2013.^[42]
• S. 1869, a bill to repeal the provision of the Bipartisan Budget Act of 2013 that reduces the COLA to the retirement pay of members of the Armed Forces under age 62, and to require individuals claiming the refundable portion of the child tax credit to include their Social Security number on their tax returns, introduced December 19, 2013. The first part of this bill is identical to another bill, S. 1963, sponsored by Senator Mark Pryor.
• S. 1977, which has the same provisions as S. 1869, but also requires the name and Social Security number of the qualifying child of the individual claiming the tax credit to be on the tax return, introduced January 30, 2014.
• S. 2355 and S. 2377, bills to exempt from the federal income tax any benefits received from a disability program for public safety officers if such disability was acquired as a result of an injury sustained in the line of duty, introduced May 20 and 21, 2014.

Committee assignments (114th Congress)

• Committee on Armed Services
  • Subcommittee on Emerging Threats and Capabilities
  • Subcommittee on Readiness and Management Support (Chairwoman)
  • Subcommittee on Seapower
• Committee on the Budget
• Committee on Commerce, Science, and Transportation
  • Subcommittee on Aviation Operations, Safety, and Security (Chairwoman)
  • Subcommittee on Communications, Technology, and the Internet
  • Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard
  • Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security
• Committee on Homeland Security and Governmental Affairs
  • Permanent Subcommittee on Investigations
  • Federal Spending Oversight and Emergency Management
• Committee on Small Business and Entrepreneurship

Political positions

Ayotte is a centrist.^[43][44] The Lugar Center at Georgetown University ranked Ayotte as the seventh most bipartisan member of the U.S. Senate during the 113th Congress.^[45] She has broken with Senate Republicans on a number of issues. She voted to divert federal funding from Planned Parenthood to community health centers but opposed an attempt to shut down the federal government over this issue. She supported President Obama’s clean power plan and believes climate change is real.^{[46][47][48][49]}

Immigration policy

Ayotte voted for the comprehensive immigration reform bill, known as the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, which was brought forward by the bipartisan Gang of Eight.^[50]

Economic policy

Ayotte opposed passage of the Employee Free Choice Act ("Card Check"), which proposed to amend the National Labor Relations Act in a way that would bypass a secret ballot whenever the National Labor Relations Board verifies 50% of the employees at a company sign authorization cards.^[51]

Ayotte opposes increasing the minimum wage,^[52] including federal legislation that would increase the minimum wage based on cost of living adjustments.^[53] In 2010, she said she was open to raising the Social Security retirement age for younger workers.^[53]

In April 2014, the United States Senate debated the Paycheck Fairness Act. The bill would have punished employers for retaliating against workers who share wage information and put the justification burden on employers as to why someone is paid less while allowing workers to sue for punitive damages of wage discrimination.^[54] Ayotte said that one of her reasons for voting against ending debate on the bill was that Majority Leader Harry Reid had refused to allow votes on any of the amendments that Republicans had suggested for the bill.^[54]

Ayotte voted in April 2014 to extend federal funding for unemployment benefits. Federal funding had been initiated in 2008 and expired at the end of 2013.^[55]

In March 2015, Ayotte voted for an amendment to establish a deficit-neutral reserve fund to allow employees to earn paid sick time.^[56]

Gun policy

Ayotte supports an individual's Second Amendment right to bear arms.^[57] Ayotte supported the U.S. Supreme Court's overturning of the Washington, DC, and City of Chicago gun ownership bans. In 2006, Ayotte opposed a Republican-backed bill that would have established a castle doctrine for New Hampshire.^[58]

In 2013, Ayotte opposed legislation offered by Sens. Joe Manchin and Pat Toomey to mandate background checks for all commercial gun sales.^[59] According to the Washington Post, Ayotte's vote resulted in a coordinated effort by gun-control groups to turn her vote into a political liability.^[60] Following her nay vote, Ayotte was confronted by the daughter of one of the victims of the Sandy Hook Elementary School shooting at a town hall meeting in Warren, New Hampshire.^[61] During the subsequent congressional recess a woman whose husband was killed by gun violence in 1994 invited Ayotte to dinner to discuss the issue; Ayotte's office declined, citing scheduling conflicts.^[62] Ayotte experienced a drop in her approval rating, particularly among Democratic voters, immediately following the vote, according to the Democratic polling firm Public Policy Polling.^[63]

Environmental policy

In 2015, Ayotte was one of five Republican senators to vote to pass a non-binding amendment stating that “climate change is real and human activity significantly contributes to climate change.”^[49][64]

In October 2015, Ayotte became the first congressional Republican to endorse a measure by President Obama dubbed the Clean Power Plan. This measure would see a 32 percent cut in the power sector's carbon dioxide emissions. In a statement, Ayotte told her constituents, "After carefully reviewing this plan and talking with members of our business community, environmental groups, and other stakeholders, I have decided to support the Clean Power Plan to address climate change through clean energy solutions that will protect our environment."^[64]

Health care policy

Ayotte supports state-administered healthcare programs such as SCHIP and federal tax credits that serve to reduce the number of uninsured.^[65] In November 2013, amid growing concerns over the launch of the Affordable Care Act, particularly relating to delays associated with initial online signups for health coverage, Ayotte called for a "time-out" on the law during a televised interview with CNN, suggesting instead to "convene a group of bipartisan leaders to address health care concerns in this country because this is not working."^[66] Ayotte was given the American Foundation for Suicide Prevention's Congressional Award in recognition of her support for increasing mental health resources.^[67]

Government spending and financial regulation

Ayotte favors passage of a balanced budget amendment to the U.S. Constitution.^[68] Ayotte favors ending any additional spending under the American Recovery and Reinvestment Act of 2009 (the "Stimulus Bill") and the Emergency Economic Stabilization Act of 2008 ("TARP").^[69] Ayotte believes that Congress should end the process of earmarking.^[69]

Ayotte said she wouldn't have supported TARP or the bailouts: "Let the market adjust and pick the winners and losers. I do not think we should have bailed out the private sector. You start a business and when you succeed, the fruits of that is profits and when you fail, you pay the price."^[70]

To counter the federal government's debt and deficit problem, Ayotte proposes that every government department cut its budget by 20 percent from current levels, though "some may cut more, some may cut less."^[71] "We are on the path to bankrupt the greatest nation in the world."^[70]

Ayotte opposed passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act, saying that it failed to directly address problems with Fannie Mae and Freddie Mac, and that the Act imposed additional regulatory burdens on community banks.^[72]

Social issues

Ayotte is pro-life, and believes that abortion should be prohibited except in cases of rape, incest, or danger to the life of the mother.^[57]

Ayotte voted for reauthorization of the Violence Against Women Act in 2012.^[73] In November 2013, Ayotte was one of 10 Senate Republicans who voted in favor of the Employment Non-Discrimination Act,^[74] which passed by a vote of 64-32.

In her 2010 U.S. Senate campaign, Ayotte said she personally opposed same-sex marriage and legal protections for the adopted children of same-sex couples, but that she thought states should decide those issues.^[75][76] Gay marriage and adoption by gay parents are both legal in New Hampshire.^[77] Speaking about gay marriage, Ayotte said: "Ultimately I do think this is a matter for the states and states should decide how to define marriage. New Hampshire’s already made that decision and I respect the decision."^[78] In 2015, Ayotte was one of eleven U.S. Senate Republicans who voted to extend Social Security and veterans benefits to all legally married same-sex couples.^[79]

Foreign policy

In July 2012, Ayotte said "The president's first major foreign policy speech in Cairo was to apologize for our country." PolitiFact experts were split on the question, finding that "Obama did get very close to regretting decades-old U.S. actions in Iran", while ultimately rating Ayotte's statement "false."^[80]

In October 2014, Ayotte wrote an opinion editorial in The Hill entitled "Abbas and the path to peace", in which she said: "Palestinian President Mahmoud Abbas has embarked on a destructive course harmful to the prospects for rebuilding Gaza and achieving Israeli-Palestinian peace."^[81]

Personal life

In 2001, Ayotte married Joseph Daley, an Iraq War veteran and former A-10 pilot who flew combat missions in Iraq.^[82] Daley works for the Air National Guard. The couple has two children.^[83]

References

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38. "U.S. and Philippine governments reach agreement on Clark Veterans Cemetery". December 13, 2013. Retrieved November 24, 2014.
39. Callahan, Kathleen (February 1, 2013). "Ayotte measure seeks to make Internet tax ban permanent". New Hampshire Business Review. Retrieved 18 February 2016.
40. "HOUSE AND SENATE INTRODUCE BILL CALLING FOR CUTS TO FEDS". Federal Managers Association. Retrieved 18 February 2016.
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External links

• U.S. Senate campaign website
• Biography at the Biographical Directory of the United States Congress
• Profile at Project Vote Smart
• Financial information (federal office) at the Federal Election Commission
• Legislation sponsored at The Library of Congress
• Senator Kelly Ayotte official U.S. Senate website
• Kelly Ayotte at Ballotpedia
• Appearances on C-SPAN