Revision: May 17, 2021, 3:45 p.m.
Election Law and Municipal Affairs
May 17, 2021
2021-1523s
11/04
Amendment to HB 263
Amend the title of the bill by replacing it with the following:
AN ACT relative to campaign finance reform and increasing the threshold for reporting by political committees.
Amend the bill by replacing sections 3-6 with the following:
3 Political Expenditures and Contributions; Prohibited Political Contributions. Amend RSA 664:4, V to read as follows:
V. By any person (1) if in excess of $5,000 in value to a candidate or a candidate committee, except for contributions made by a candidate in behalf of his own candidacy, [or if in excess of $1,000 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 not voluntarily agree to limit his campaign expenditures and those expenditures made on his behalf as provided in RSA 664:5-a,] or in excess of $10,000 in value to a political committee other than a political committee of a candidate, (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 fiscal agent, a political committee or its treasurer, or not to any one of the same.
4 Political Expenditures and Contributions; Reporting by Political Committee. Amend RSA 664:6, I to read as follows:
664:6 Reporting by Political Committee.
I. Any political committee whose receipts or expenditures exceed [$500] $1,000 shall file with the secretary of state an itemized statement in the form prescribed by the secretary of state, signed by its chairman and treasurer showing each of its receipts exceeding $25 with the full name and postal 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. Statements shall be filed not later than the first Wednesday in June and December after the state general election and before the filing deadline established in RSA 655:14, after which statements shall be filed no 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 that 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 exceeding $25 with the full name and postal address of the payee or promise of payment, the date paid or obligated, and the election for which the expenditure was made, with the specific nature and amount of each expenditure since the date of the registration.
5 Political Expenditures and Contributions; Reporting by Political Committee. Amend RSA 664:6, IV and IV-a to read as follows:
IV. Any political committee whose receipts or expenditures do not exceed [$500] $1,000 for a reporting period need not file. However, when a committee's accumulated receipts or expenditures for an election exceed [$500] $1,000 the committee shall file a statement at the next reporting deadline, and shall continue to file at each reporting deadline.
IV-a. Any political committee whose independent expenditures, in aggregate, exceed [$500] $1,000 shall file an itemized statement with the secretary of state which shall be received by the secretary of state not later than 48 hours after such expenditures are made, and thereafter each time a further [$500] $1,000 is expended. Such itemized statements shall cover the period during which independent expenditures totaling [$500] $1,000 were made. Each statement shall include a certification by the chairman of the political committee that the independent expenditure meets the definition in RSA 664:2, XI. Each statement shall contain the date of each independent 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; the amount of each expenditure; the purpose of each expenditure, and the aggregate amount of all previous independent expenditures. If the independent expenditure is made in support of or in opposition to 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 that 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.
6 Political Expenditures and Contributions; Reporting by Candidate Committee. Amend RSA 664:7 to read as follows:
664:7 Reporting by Candidates. Each candidate at the primary or general election for governor, councilor, state senator, representative to general court, or county officer, who has expenditures exceeding [$500] $1,000, shall file statements before and after an election in like manner and detail as prescribed in RSA 664:6, II, II-a, III, IV, and V, excepting, however, the expenditures of political committees of the party to which the candidate belongs in elections other than primaries.
Amend the bill by replacing all after section 9 with the following:
10 Reporting by Political Committee. Amend RSA 664:6, I to read as follows:
I. Any political committee whose receipts or expenditures exceed $500 shall file with the secretary of state an itemized statement in the form prescribed by the secretary of state, signed by its chairman and treasurer showing each of its receipts exceeding [$25] $50 with the full name and postal 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] $200. Statements shall be filed not later than the first Wednesday in June and December after the state general election and before the filing deadline established in RSA 655:14, after which statements shall be filed no 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] $50 or under shall appear on the statements as unitemized receipts. Any listing that exceeds an individual's aggregate total of [$100] $200 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 exceeding [$25] $50 with the full name and postal address of the payee or promise of payment, the date paid or obligated, and the election for which the expenditure was made, with the specific nature and amount of each expenditure since the date of the registration.
11 Effective Date. This act shall take effect 60 days after its passage.
2021-1523s
AMENDED ANALYSIS
This bill repeals voluntary expenditure limits, increases the expenditure and contribution reporting threshold for all political entities, and modifies the maximum contribution amount a person may contribute to candidate committees and political committees. This bill also increases the dollar threshold for reporting by political committees.