CHAPTER 118
HB 1508-FN – FINAL VERSION
06Feb2008… 0219h
2008 SESSION
03/09
HOUSE BILL 1508-FN
AN ACT relative to prohibited influence of voters and persons intending to vote and relative to the applicability of political advertising and push polling restrictions.
This bill establishes the offense of voter suppression. This bill also makes political advertising and push polling restrictions apply to presidential primary elections.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Feb2008… 0219h
08-2571
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to prohibited influence of voters and persons intending to vote and relative to the applicability of political advertising and push polling restrictions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
118:1 Elections; Prohibited Acts; Bribing, Intimidation, and Suppression. RSA 659:40 is repealed and reenacted to read as follows:
659:40 Bribing; Intimidation; Suppression.
I. No person shall directly or indirectly bribe any person not to register to vote or any voter not to vote or to vote for or against any question submitted to voters or to vote for or against any ticket or candidate for office at any election.
II. No person shall use or threaten force, violence, or any tactic of coercion or intimidation to knowingly induce or compel any other person to vote or refrain from voting, vote or refrain from voting for any particular candidate or ballot measure, or refrain from registering to vote.
III. No person shall engage in voter suppression by knowingly attempting to prevent or deter another person from voting or registering to vote based on fraudulent, deceptive, misleading, or spurious grounds or information. Prohibited acts of voter suppression include:
(a) Challenging another person’s right to register to vote or to vote based on information that he or she knows to be false or misleading.
(b) Attempting to induce another person to refrain from registering to vote or from voting by providing that person with information that he or she knows to be false or misleading.
(c) Attempting to induce another person to refrain from registering to vote or from voting at the proper place or time by providing information that he or she knows to be false or misleading about the date, time, place, or manner of the election.
IV. Whoever violates the provisions of this section or whoever conspires to violate the provisions of this section shall be guilty of a class B felony.
V. This section is not intended to preclude prosecution or sentencing under any section of RSA 640.
118:2 Political Expenditures and Contributions; Applicability of Chapter. Amend RSA 664:1 to read as follows:
664:1 Applicability of Chapter. The provisions of this chapter shall apply to all state primary, general, and special elections, but shall [not] only apply to presidential preference primaries as provided in this section. The provisions relating to political advertising, push polling, and enforcement, RSA 664:14 through [17-a] RSA 664:22, shall additionally apply to presidential primary, city, town, school district, and village district elections. [The provisions relating to voluntary expenditure limitations, RSA 664:5-a and 664:5-b, shall additionally apply to elections for United States senator and representative to Congress.]
118:3 Effective Date.
I. Section 1 of this act shall take effect July 1, 2008.
II. The remainder of this act shall take effect upon its passage.
Approved: June 3, 2008
Effective Date: I. Section 1 of this act shall take effect July 1, 2008.
II. Remainder shall take effect June 3, 2008.