HB 1704-FN – AS AMENDED BY THE SENATE
05/16/12 2329s
2012 SESSION
03/10
HOUSE BILL 1704-FN
AN ACT relative to political contributions and expenditures, relative to reporting by political committees, and relatives to nomination of political organizations.
SPONSORS: Rep. Doherty, Hills 27
This bill:
I. Modifies the procedure for nominating a political organization.
II. Modifies the definition of “political committee.”
III. Increases the limit on campaign contributions.
IV. Authorizes contributions of up to $5,000 each during the exploratory period of a campaign.
V. Increases voluntary campaign expenditure limits.
VI. Requires reporting by political committees of electioneering communication expenditures, as defined in the bill.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/16/12 2329s
12-2752
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to political contributions and expenditures, relative to reporting by political committees, and relatives to nomination of political organizations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Declaration of Intent; Political Organization. Amend RSA 655:17-c to read as follows:
655:17-c Declaration of Intent; Political Organization.
I. Declarations of intent for political organizations shall be in the following form and signed by the chairman of the political organization:
I, ________________, chairman of the ______________ organization hereby declare that the __________ organization intends to file nomination papers by the deadline established under RSA 655:43, I. [I further declare that the __________ organization intends to file the names of candidates for the following offices with the nomination papers.]
II. At the time of filing the declaration of intent, the chairman of the political organization shall submit a list of the offices for which it intends to file candidates and the names of the candidates for those offices. In addition, each candidate shall file a declaration of candidacy. The declaration of candidacy shall be in the form provided by RSA 655:17 with the understanding that, where the form says primary election, it shall be construed to mean general election. If the political organization does not obtain enough nomination papers to have its name placed on the ballot, any declarations of candidacy filed for that political organization shall be void.
2 Definitions; Political Committee. RSA 664:2, III is repealed and reenacted to read as follows:
III. “Political committee” means any organization:
(a) That has as its major purpose to promote the success or defeat of a candidate or candidates or measure or measures and whose combined receipts and expenditures total $2,500 or more in a calendar year for that purpose; or
(b) That makes combined independent expenditures, as defined in paragraph XI, and electioneering communication expenditures, as defined in paragraph XVIII, that total $5,000 or more in a calendar year.
As used in this paragraph, “organization” includes, but is not limited to, for-profit and nonprofit corporations, associations, and committees formed by a candidate, exploratory campaign, or political party.
3 Definitions; Expenditure. Amend RSA 664:2, IX to read as follows:
IX. “Expenditure” shall mean the disbursement of money or thing of value or the making of a legally binding commitment to make such a disbursement in the future [for the purpose of influencing the nomination for election or election of any candidate]. It does not include the candidate’s filing fee or his or her expenses for personal travel and subsistence.
4 Definitions; Independent Expenditures. Amend RSA 664:2, XI to read as follows:
XI. “Independent expenditures” means expenditures by a person, political committee, or other entity expressly advocating the election or defeat of a clearly identified candidate or candidates or the success or defeat of a measure or measures which are made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which are not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate. As used in this paragraph, “clearly identified” means that the name of the candidate involved appears; a photograph or drawing of the candidate appears; or the identity of the candidate is apparent by unambiguous reference.
5 New Paragraph; Definitions; Electioneering Communication Expenditures. Amend RSA 664:2 by inserting after paragraph XVII the following new paragraph:
XVIII. “Electioneering communication expenditures” means expenditures on any communication that fulfills each of the following conditions:
(a) The communication refers to a clearly identified candidate for state office or refers to a measure without expressly advocating the success or defeat of such candidate or measure;
(b) The communication is publicly broadcasted or distributed within 60 days prior to a general election or within 30 days prior to a primary election for which office the candidate is seeking or the date on which the measure is being voted; and
(c) The communication is targeted to the relevant electorate.
6 Registration of Political Committees. Amend RSA 664:3, I to read as follows:
I. Any political committee, except the political committee of a political party, shall register with the secretary of state as provided in this section. The [committee shall register with] committee’s registration shall be received by the secretary of state not later than [24] 48 hours after [receiving any contribution in excess of $500 or before making any expenditure in excess of $500, but in no event later than 14 days after the formation of the committee] satisfying the definition of a political committee under RSA 664:2, III. The registration shall be accompanied by an itemized statement of the receipts and expenditures that caused the definition of a political committee to be met. Such itemization shall be made pursuant to the manner set forth in RSA 664:6. The registration shall also be accompanied by a fee of $50, which shall be deposited by the secretary of state into the general fund; provided, however, that the political committee of a candidate which registers under this section shall not be required to pay the $50 fee. Each political committee shall designate a treasurer or agent who is a citizen of this state and who is authorized to receive all process and other legal documents on behalf of the political committee, and through whom may be obtained access to all books and records of the political committee. The political committee shall file with the secretary of state a statement of the purpose of the committee and shall indicate whether the committee will be making independent expenditures [in support of or in opposition to any candidate including] or electioneering communication expenditures. The registration shall also include a statement of the name, address, occupation, and principal place of business of its chairperson and treasurer or agent, and the names and addresses of other officers. The committee shall file an amendment to its registration within 14 days of any change in the officers or purpose of the committee.
7 Prohibited Political Contributions. Amend RSA 664:4 to read as follows:
664:4 Prohibited Political Contributions.
I. No contribution, whether tangible or intangible, shall be made, directly or indirectly, to [a] any candidate[, a political committee,] or political party, or [in behalf of a candidate or] to any political committee of a candidate or political party, [directly or indirectly,] for the purpose of promoting the success or defeat of any candidate or political party at any state primary or general election:
[I. [Repealed.]
II. By any partnership as such or by any partner acting in behalf of such partnership.
III.] (a) By any labor union or group of labor unions, or by any officer, director, executive, agent, or employee acting in behalf of such union or group of unions; or by any organization representing or affiliated with any such union or group of unions, or by any officer, director, executive, agent, or employee acting in behalf of such organization.
[IV. [Repealed.
V.] (b) By any person, entity, organization, or political committee (1) if in excess of [$5,000] $7,000 in value for the state primary election and in excess of $7,000 for the general election, except for contributions made by a candidate in behalf of his or her own candidacy, or if in excess of [$1,000] $3,500 in value [by any person or by any political committee to a candidate or a political committee working on behalf of a candidate who does] for the state primary election and in excess of $3,500 for the general election when a candidate has not voluntarily agree to limit his or her campaign expenditures and those expenditures made on his behalf as provided in RSA 664:5-a, provided that a person organization, or political committee may also contribute an additional $5,000 during an exploratory period to either a person exploring a potential candidacy or the political committee working on behalf of such a person prior to his or her filing of a declaration of candidacy, (2) if made anonymously or under a name not that of the donor, (3) if made in the guise of a loan, (4) if any other manner concealed, (5) if made without the knowledge and written consent of the candidate or his or her fiscal agent, a political committee or its treasurer, or not to any one of the same.
II. This section shall not be construed to limit the amount of contributions that may be made to political committees that solely make independent expenditures and do not make contributions to candidates, campaigns, political parties, or political committees of either candidates or political parties.
8 Political Expenditure Limitation Amounts. Amend RSA 664:5-b to read as follows:
664:5-b Political Expenditure Limitation Amounts. Total expenditures by a candidate who voluntarily agrees to limit campaign expenditures as provided in RSA 664:5-a shall be as follows:
I. For governor:
(a) [$625,000] $1,000,000 in a state primary election.
(b) [$625,000] $1,000,000 in a state general election.
[I-a. For United States senator:
(a) $625,000 in a state primary election.
(b) $625,000 in a state general election.
II. For representative to Congress:
(a) $350,000 in a state primary election.
(b) $350,000 in a state general election.]
[III.] II. For executive council:
(a) [$50,000] $75,000 in a state primary election.
(b) [$50,000] $75,000 in a state general election.
[IV.] III. For state senate:
(a) [$20,000] $50,000 in a state primary election.
(b) [$20,000] $50,000 in a state general election.
[V.] IV. For representative to the general court and all county offices, based upon the latest figures filed with the secretary of state:
(a) [$.50] $1.00 per registered voter in the district or the county in a state primary election.
(b) [$.50] $1.00 per registered voter in the district or the county in a state general election.
VI. For the purposes of this section, RSA 664:5-a, and the enforcement provisions of this chapter, “total expenditures” shall mean the sum of all expenditures made to influence either a state primary or a state general election made by a candidate and those made on the candidate’s behalf by the candidate’s committee or committees, the candidate’s party, and the candidate’s immediate family. For candidates for governor, United States senator, representative to Congress, state senate, state representative, and executive council, “total expenditures” shall include any such expenditures made after January 1 of the election year, regardless of when the person actually declares his or her candidacy. Each campaign expenditure limitation amount shall apply solely and independently to either the state primary election or the state general election.
9 Reporting by Political Committee. Amend RSA 664:6, I to read as follows:
I. Any political committee whose receipts or expenditures [in support of a candidate, measure, or political party] exceed $500 except, for the purposes of this paragraph only, the political committee of a political party or the political committee of a candidate, shall file with the secretary of state an itemized statement, signed by its chairman and treasurer showing each of its receipts exceeding $25 with the full name and home post office address of the contributor in alphabetical order and the amount of the contribution, the date it was received, and the aggregate total for each election for each contributor of over $100. The statement shall be filed not later than the Wednesday 12 weeks immediately preceding a primary election, before 5 o’clock in the afternoon, and shall cover the period from the day of the committee registration up to and including the Monday before the statement is due. All receipts of $25 or under shall appear on the statements as unitemized receipts. Any listing which exceeds an individual’s aggregate total of $100 for each election shall be accompanied by the contributor’s occupation including official job title, the name of the contributor’s employer, and the city or town of the contributor’s principal place of business, if any. The statement shall also show each committee expenditure with the full name and city or town of persons, corporations, committees, or to whomever paid or to be paid, the date paid, and the election for which the expenditure was made, with the specific nature and amount of each expenditure since the date of the registration.
I-a. For purposes of this section only, any corporation that has tax exempt status by virtue of being organized under section 501(c)(4), 501(c)(5), or 501(c)(6) of the United States Internal Revenue Code shall not be required to disclose receipts on its filings with the secretary of state.
10 Reporting by Political Committee. Amend RSA 664:6, II-a to read as follows:
II-a. A political committee shall file a statement in the same form as in paragraph I with the secretary of state not later than the Wednesday immediately preceding a primary and a general election, before 5 o’clock in the afternoon. The statement shall summarize the statements under paragraphs I and II if such statements are filed and itemize all receipts and expenditures since the cutoff of the statement under paragraph II up until the Monday preceding the filing of the statement under this paragraph. In addition to the reporting requirements contained in this section, the secretary of state shall be notified by the fiscal agent within [24] 48 hours of any contribution exceeding $500 which is received after the statement under this paragraph is filed and prior to the day of election.
11 Reporting by Political Committee. Amend RSA 664:6, IV-a to read as follows:
IV-a. Any political committee whose independent expenditures, in aggregate, exceed $500 shall file an itemized statement with the secretary of state which shall be received by the secretary of state not later than [24] 48 hours after such expenditures are made, and thereafter each time a further $500 is expended. Such itemized statements shall cover the period during which independent expenditures and electioneering communication expenditures totaling $500 were made. Each statement shall include a certification by the political committee that the independent expenditure or electioneering communication meets the definition in RSA 664:2, XI or RSA 664:2, XVIII. Each statement shall contain the date of each independent expenditure or electioneering communication expenditure; the name and address of the person to whom the expenditure was made; the name of the candidate on whose behalf or against whom each independent expenditure was made or the name of the candidate who was referenced in each electioneering communication expenditure; the amount of each expenditure; the purpose of each expenditure, and the aggregate amount of all previous independent expenditures and electioneering communication expenditures. If the independent expenditure is made in support of or [to oppose] in opposition to more than one candidate or if the electioneering communication expenditure depicts or mentions more than one candidate, the statement made under this paragraph shall allocate the way in which the expenditure was made among the candidates on a reasonable basis. For the purposes of this paragraph, “reasonable basis” means a statement which reflects the benefit or the burden reasonably expected to be derived or suffered by each candidate. The filing requirements of this paragraph shall be in addition to all other filing requirements under this section, and shall not be limited to the filing periods during which expenditures must otherwise be reported.
12 Penalties. Amend RSA 664:21, IV to read as follows:
IV. In addition to the fines levied under paragraph I, any person who fails to file any report or statement on behalf of a political committee of a candidate on the date on which the report or statement is due under this chapter shall be subject to a daily fine of $25 for every weekday for which the report or statement is late and until the report or statement is actually filed, except that candidates for the general court and persons authorized to file reports or statements on their behalf shall be subject to a daily fine of $5 under this paragraph.
13 New Paragraph; Penalties. Amend RSA 664:21 by inserting after paragraph VI the following new paragraph:
VII.(a) A political committee other than a political committee of a candidate that fails to register in accordance with RSA 664:3 shall be subject to a fine up to 25 percent of the total amount of independent expenditures and electioneering communication expenditures made during the period from the date the political committee was required to register to the date the political committee registered.
(b) A political committee that fails to report independent expenditures or electioneering communication expenditures in accordance with RSA 664:6, IV-a shall be subject to a fine equal to 25 percent of the total amount of independent expenditures not reported or reported late.
14 Repeal. RSA 655:40-b, relative to filing names of candidates, is repealed.
15 Effective Date. This act shall take effect upon its passage.
LBAO
12-2752 Amended 05/23/12
HB 1704 FISCAL NOTE
AN ACT relative to political contributions and expenditures, relative to reporting by political committees, and relative to nomination of political organizations.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, and New Hampshire Association of Counties state this bill, as amended by the Senate (Amendment #2012-2329s), may decrease state and county expenditures by indeterminable amounts in FY 2013 and each year thereafter. There will be no impact on state, county, and local revenues, or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would amend RSA 664:4, V, changing the limit on contributions to candidates who do not agree to limit campaign expenditures as provided in RSA 664:5-a. The Branch states RSA 664:21, V makes violations of RSA 664:4, V a misdemeanor for a natural person. The Branch states it does not have information on which to estimate how many charges might not be brought forward as a result of this bill. The Branch states in the past decade there have been very few prosecutions at any level for any violations of RSA 664. The Branch assumes continuation of this historical trend and states any fiscal impact from this bill would be minimal.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is capped at $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states to the extent fewer individuals are charged, convicted, and sentenced to incarceration in a county correctional facility, the counties may have decreased expenditures. The Association is unable to determine how many fewer individuals who might be charged, convicted or incarcerated as a result of this bill to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000.
The Department of State and the Department of Justice state they will not incur any fiscal impact as a result of this bill.