Revision: Jan. 18, 2019, 2:44 p.m.
SB 106 - AS INTRODUCED
2019 SESSION
19-0982
05/04
SENATE BILL 106
AN ACT relative to the definition of political advocacy organization and expenditure.
SPONSORS: Sen. Feltes, Dist 15
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill revises the definition of political expenditure and political advocacy organization under RSA 664.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0982
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the definition of political advocacy organization and expenditure.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Political Expenditures and Contributions; Definition of Expenditure. Amend RSA 644:2, 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 or the transfer of funds by a political committee to another political committee or to a candidate [for the purpose of promoting] that by purpose or appearance promotes the success or defeat of a candidate or candidates or measure or measures. "Expenditures" [includes] include disbursements constituting independent expenditures, as defined in paragraph XI. It does not include:
(a) The candidate's filing fee or his or her expenses for personal travel and subsistence;
(b) Nonpartisan activity designed to encourage individuals to register to vote or to vote[, if that activity or communication does not mention a clearly identified candidate];
(c) Any communication by any membership organization or corporation to its members or stockholders, if the primary purpose of that membership organization or corporation is not for the purpose of promoting the success or defeat of a candidate or candidates and measure or measures; [or]
(d) Any communication by any political committee member that is not made for the purpose of promoting the success or defeat of a candidate or candidates or measure or measures; or
(e) Any communication by a member of the press, a tax-exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code, as amended, or a state agency.
2 Political Expenditures and Contributions; Definition of Political Advocacy Organization. Amend RSA 644:2, XXII to read as follows:
XXII. "Political advocacy organization" means any entity, including, but not limited to, an organization described in RSA 664:2, III, that [spends] makes expenditures of $5,000 or more in a calendar year to pay for [a communication that is functionally equivalent to express advocacy because, when taken as a whole, such communication is likely to be interpreted by a reasonable person only as advocating the election or defeat of] communications that refer to a clearly identified candidate or candidates [or the success or defeat of a measure or measures, taking into account whether the communication involved mentions a candidacy or a political party, or takes a position on a candidate's character, qualifications, or fitness for office] and are publicly distributed within 60 days before a primary or general election to an audience that includes members of the electorate for the office sought by the candidate or one or more of the candidates, regardless of whether the communication or communications expressly advocate a vote for or against the candidate or candidates.
3 Effective Date. This act shall take effect 60 days after its passage.