HB1219 (2006) Detail

Prohibiting the use of public funds to advocate for the success or defeat of a candidate or ballot question.


HB 1219 – AS INTRODUCED

2006 SESSION

06-2844

03/01

HOUSE BILL 1219

AN ACT prohibiting the use of public funds to advocate for the success or defeat of a candidate or ballot question.

SPONSORS: Rep. Kennedy, Merr 4

COMMITTEE: Election Law

ANALYSIS

This bill prohibits the use of public funds to advocate for the success or defeat of a candidate or ballot question.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2844

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT prohibiting the use of public funds to advocate for the success or defeat of a candidate or ballot question.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Political Advertising; Use of Public Funds for Explicit Advocacy Prohibited. Amend RSA 664 by inserting after section 17-a the following new section:

664:17-b Use of Public Funds for Explicit Advocacy Prohibited.

I. No person or entity shall use public funds to explicitly advocate for the success or defeat of any candidate or question to be voted on by ballot at any election. This prohibition shall apply to any quasi-public corporation or nonprofit corporation that is supported solely by public funds.

II. Any quasi-public corporation or nonprofit corporation that derives more than 50 percent of its annual budget from public funds that wishes to engage in any of the activities prohibited in paragraph I, or contribute funds to any entity engaged in these activities, shall segregate the public funds in such a manner that such funds are physically and financially separate from any nonpublic funds that may be used for any of these purposes. Mere bookkeeping separation of the public funds from other moneys shall not be sufficient.

III. For the purpose of this section “public funds” means any funds raised and appropriated by the state or any political subdivision.

IV. Notwithstanding RSA 664:21, any natural person who violates this section shall be guilty of a misdemeanor for the use of less than $500 of public funds in a manner prohibited by this section. Any natural person who violates any provision of this section shall be guilty of a class B felony for the use of more than $500 of public funds in a manner prohibited by this section. Any other person who violates any provision of this section shall be guilty of a class B felony for the use of public funds in a manner prohibited by this section

2 Effective Date. This act shall take effect June 1, 2006.