HB1091 (2024) Detail

Relative to the financing of political campaigns.


HB 1091 - VERSION ADOPTED BY BOTH BODIES

 

28Mar2024... 1215h

05/22/2024   1943s

13Jun2024... 2289CofC

2024 SESSION

24-2442

08/05

 

HOUSE BILL 1091

 

AN ACT relative to the financing of political campaigns.

 

SPONSORS: Rep. Lane, Merr. 16; Rep. Muirhead, Graf. 12; Rep. Ward, Rock. 27; Rep. Berry, Hills. 39

 

COMMITTEE: Election Law

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill makes various changes to the laws that regulate the financing of political campaigns.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Mar2024... 1215h

05/22/2024   1943s

13Jun2024... 2289CofC 24-2442

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to the financing of political campaigns.

 

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

 

1  Definitions; Political Expenditures and Contributions.  RSA 664:2 and 664:3 are repealed and reenacted to read as follows:

664:2  Definitions.

As used in this chapter:

I.  "Election" means any general biennial or special election, political party primary, or presidential preference primary as provided in RSA 664:1.

II.  ?"Candidate" means an individual who seeks election to any public office or party position to be voted at a primary, general, or special election, whether or not the public office or party position has been specifically identified at such time and whether or not such individual is nominated or elected.  ?An individual  shall be considered a candidate seeking election, or re-election, if the individual has:

(a) ? Taken the action necessary to qualify for election, such as filing as a candidate;

(b)  ?Taken the action or authorized any other person to obtain, nominating petitions to qualify for election, or election to office; or

(c) ? Received contributions or made expenditures, or given consent to any other person to receive contributions or make expenditures, with the purpose to bring about the individual’s nomination for election, or election, to office at any time during the election cycle.

III.  "Political committee" means any organization that receives contributions or makes expenditures for the purpose of promoting the success or defeat of a candidate, candidates,  measure, or measures, including but not limited to the following:

(a)  Candidate committee created by a candidate running for office;

(b)  Political advocacy organization to promote issues and ideas that may influence voters' choices on the ballot as further defined in RSA 664:2, XXII;

(c)  Political committee of a political party as further defined in RSA 664:2, V to support candidates of the party running for office; or

(d)  The committee of a segregated fund established by any organization with a separate legal existence the purpose of which is to promote the success or defeat of a candidate or candidates or measure or measures.

IV.  "Political party" or "party" means any political organization or number of persons which can nominate candidates in any manner prescribed by law and has done so for the current election.  The definition of the word "party" contained in RSA 652:11 shall not apply to this chapter.

V.  "Political committee of a political party" means a state, county, regional, city, ward, or town committee of a political party.  A regional committee shall be composed only of members who are residents of towns or cities that form a contiguous land area, and shall have been created and approved by the state committee of the political party.  To establish regional committees, a party shall amend its by-laws to authorize them in principle; a copy of the by-law authorization and evidence of the approval for each regional committee by the state committee shall be filed by the political party with the secretary of state before the first Wednesday in June immediately following the amendment.

VI.  "Political advertising" means any communication by any medium or in any format, including buttons or printed material attached to motor vehicles, which expressly advocates or is the functional equivalent of express advocacy for the success or defeat of any party, measure, candidate, or person at any election.

VII.  "Communication" means imparting, exchanging, or sending, of information by any medium or in any format, including, but not be limited to, publication in any newspaper or other periodical or on any Internet Site on social media, or other digital method, broadcasting on radio, television, or over any public address system, transmission by telephone or facsimile or text message or email, placement on any billboards, outdoor facilities, window displays, posters, cards, pamphlets, leaflets, flyers, or other circulars, or in any direct mailing.

VIII.  ?"Contribution" means anything of value received or made for the purpose of promoting the success or defeat of a candidate, candidates, measure, measures, or political party, including, but not limited to a payment, gift, subscription, assessment, contract, payment for services, dues advance, forbearance, loan to a candidate or political committee, or personal or professional services for less than full consideration, or the use of anything of value.

IX.(a)  "Expenditure" means any of the following that promotes the success or defeat of a political party, candidate, candidates, measure, or measures: the purchase, payment, contribution, subscription distribution, loan, advance deposit, or gift of money or any thing of value; the making of a legally binding commitment to make a purchase, payment, contribution, subscription distribution, loan, advance, deposit, or gift of money or anything of value in the future; or the transfer of funds by a political committee to another political committee or to a candidate.  "Expenditure" includes, but is not limited to disbursement of funds for:

(1)  Communications:

(A)  That contain express advocacy or its functional equivalent supporting or opposing the election of a candidate, candidates, measure, or measures; or

(B)  That promote the success or defeat of a party, candidate, candidates, measure, or measures regardless of whether the communication or activities contain express advocacy or its functional equivalent.

(2)  Partisan voter activity, partisan voter registration activity, partisan get-out-the-vote activity, or other partisan campaign-related activities.

(3)  Research, design, production, polling, data analytics, mailing or social media list acquisition or other activities conducted in preparation for or in conjunction with communications or activities described in this paragraph.

(4)  Childcare expenses incurred by a candidate if the expenses are a direct result of the candidate's activities.

(5)  An independent expenditures, as defined in paragraph XI.

(6)  Travel and subsistence expenditures related to constituent service or to an office sought or held.

(b)  "Expenditure" does not include:

(1)  The candidate's expenses for non-campaign travel and subsistence;

(2)  Activity designed to encourage individuals to register to vote or to vote, if that activity or communication is non-partisan;

(3)  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

(4)  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 political party.

(5)  Payment for incidental items, such as auto expenses and child care that the candidate chooses to pay for with personal funds.

X.  "Measure" shall mean any constitutional amendment or question that is submitted or intended to be submitted to a popular vote at an election.

XI.  "Independent expenditure" means the disbursement of funds for an expenditure made by a political committee or person  that promotes the success or defeat of any candidate or measure that is made without cooperation or consultation with any candidate, political committee of a candidate, or any authorized agent of such candidate, and which are not made in concert with, or at the request or suggestion of any political party, candidate, political committee of a candidate, or any authorized  agent of such candidate.

XII.  "Full name" means an individual's full first name, middle name or initial, if any, and full legal last name, making the identity of the contributor apparent by unambiguous reference.

XIII.  "Person's post office address" means:

(a)  If an individual, the address used by the individual for voter registration purposes; and

(b)  If a person that is not an individual, the primary business location of the person, which shall include a street and post office box, if any, city, state, and zip code.

(c)  "Person's post office address" shall not mean:

(1)  An individual's business address.

(2)  An individual's vacation home address or rental property address when the home or rental property is owned, but not occupied by the contributor.

(3)  Any address not that of the contributor.

XIV.  "Occupation" means an individual's official job title resulting from employment at or ownership of any agency or organization or other entity.

XV.  "Principal place of business" means the primary organization or employer from which an individual's principal income is derived and shall include the employer's official name and the employer's post office address.

XVI.  "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization, organized for gain or profit, and includes any enterprise which is expressly made exempt from income taxation under the United States Internal Revenue Code of 1986.  It does not include a political committee of a political party as defined in RSA 664:2, III.

XVII.  "Push-polling" means:

(a)  Communications with voters on behalf of, in support of, or in opposition to, any candidate or candidates for public office or measure or measures by any means, including, but not limited to telephone, text, via the Internet, through social media or digitally; and

(b)  Asking questions related to opposing candidates for public office which state, imply, or convey information about the candidate's character, status, or political stance or record; and

(c)  Conducting such communication in a manner which is likely to be construed by the voter to be a survey or poll to gather statistical data for entities or organizations which are acting independent of any particular political party, candidate, measure, or interest group as part of a series of like communication that consist of more than 2,000 connected communications that last less than 2 minutes in presidential, gubernatorial, United States senatorial, or United States congressional elections; or conducting such communications as part of a series of like communications that consist of more than 500 communications that last less than 2 minutes in executive council, state senate, city, town, school district, or village district elections; or conducting such communications as part of a series of like communications that consist of more than 200 communications that last less than 2 minutes in state representative elections; and

(d)  Conducting such communication for purposes other than bona fide survey and opinion research.

XVIII.  "Bona fide survey and opinion research" means the collection and analysis of data regarding opinions, needs, awareness, knowledge, views, experiences, and behaviors of a population, through the development and administration of surveys, interviews, focus groups, polls, observation, or other research methodologies, in which no sales, promotional, or marketing efforts are involved, and through which there is no attempt to influence a participant's attitudes or behavior.  Bona fide survey and opinion research includes message testing, which is the study for research purposes of how randomly-selected individuals react to positive or negative information on a candidate, elected public official, or ballot question.

XIX.  "Receipts" shall mean the receipt of money or anything of value or the receipt of a legally binding commitment to receive money or thing of value in the future for the purpose of promoting the success or defeat of a candidate or candidates or a measure or measures or political party.  Receipts shall not include amounts received by a political committee in commercial transactions in the ordinary course of any trade or business conducted by the political committee or in the form of investments in the political committee or amounts received by the political committee from payors who, at the time of payment, prohibited, in writing, the use of the payment as an expenditure.

XX.  "Segregated fund" shall mean a segregated account of money that consists of funds that were paid directly to such account by persons other than the covered political committee that controls the account from which only expenditures defined in paragraph IX are made.

XXI.  "Clearly identified candidate" means that the name of the candidate involved appears; a photograph or drawing of the candidate appears; or the identity of the candidate is otherwise apparent.

XXII.  "Political advocacy organization" means any entity that makes expenditures of $1000 or more an election cycle for communication that is functionally equivalent to express advocacy such that, when taken as a whole, such communication is likely to be interpreted, all or in part, by a reasonable person as promoting the success or defeat of a candidate or candidates, of a measure or measures or a political party, taking into account whether the communication involved mentions a candidacy, a political party, or takes a position on a candidate's character, qualifications, or fitness for office.  For the purposes of this chapter, a contribution from a political advocacy organization to a candidate or other political committee is communication that is functionally equivalent to express advocacy.

XXIII.  “Election cycle” means the period of time beginning on the twenty-second day after a state general election through 21 days after the next state general election.  For special elections, the election cycle shall be the period of time from when a vacancy is created through 21 days after the special election.

XXIV.  "Success or defeat" means the support, praise, or promotion of, opposition to, or attack on a candidate or candidates or a measure or measures.

XXV.  “Person” means an individual, collection of individuals, business organization, club, or any other entity created under the law.  

XXVI.  “Individual” means a human being.

XXVII.  "Organization" means a group of 2 or more individuals, business entities formed under state law, except those entities qualified under section 501(c)(3) of the United States Internal Revenue Code of 1986, or any other association of individuals or entities formed under state law that is not registered as a business entity.

664:3  Registration of Political Committees.

I.(a)  Any political committee, except the political committee of a political party, shall register with the secretary of state as provided in this section.  Registration shall be made through the secretary of state's online campaign finance system.  A political committee may register at any time during the election cycle, but the committee's registration shall be received by the secretary of state not later than 48 hours after the committee meets at least one of the criteria under RSA 664:2, III.  The registration shall be accompanied by an itemized statement of the receipts and expenditures, if any, made by the political committee in the current election cycle prior to registration.  Such itemization shall be made pursuant to the manner set forth in RSA 664:6.  The registration shall also be accompanied by an administration fee of $50, unless exempt pursuant to subparagraph (c), which shall be deposited by the secretary of state into the general fund.

(b)  Each political committee shall designate a treasurer 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.  The registration shall also include a statement of the name, address, occupation, and principal place of business of its chairperson and treasurer and the names and address 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.

(c)  The political committee of a candidate or a political committee of a political party that registers under this chapter shall not be required to pay the $50 administration fee provided in subparagraph (a).

II.  No member of a political committee which is required to register under RSA 664:3, I, shall do any act directly or indirectly on behalf of the committee to promote the success or defeat of a political party, a measure, or a candidate, unless the requirements of RSA 664:3, I are met.

III.  All political committees' registrations under this chapter shall be valid from the date of registration through 21 days after the primary or general election, whichever is appropriate, unless terminated sooner, in writing, by the chairperson and the treasurer of the political committee.  However, any political committee which has a continuing obligation to report as required under RSA 664:6 shall have its registration automatically renewed according to RSA 664:6, V.

IV.  Any political committee that is exempt from taxation under sections 501(c)(4), 501(c)(5), or 501(c)(6) of the United States Internal Revenue Code of 1986 may disclose, but shall not be required to disclose in its itemized statement of receipts, the identity of its donors.  Any political committee affected by this section who chooses not to disclose the identity of its donors shall place the following disclosure on all communications to voters:  “This organization has an exemption under federal law and is not required, and chooses not, to disclose its donors.”

V.  For purposes of filing campaign finance reports pursuant to RSA 664:6 and RSA 664:7, a candidate for office may choose to file as a candidate or, if such candidate creates a candidate committee, as a political committee.

2  Prohibited Political Contributions.  RSA 664:4 is repealed and reenacted to read as follows:

664:4  Prohibited Political Contributions.

No contribution, whether tangible or intangible, shall be made to a candidate, a political committee, or political party, or on behalf of a candidate or political committee or political party, directly or indirectly, for the purpose of promoting the success or defeat of any candidate or political party during any state election cycle:

I.  By any partnership as such or by any partner acting on behalf of such partnership.

II.  By any labor union or group of labor unions, or by any officer, director, executive, agent, or employee acting on 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 on behalf of such organization.

III.  By any person:

(a)  If made anonymously or under a name not that of the donor.

(b)  If made in the guise of a loan.

(c)  If any other manner concealed.

(d)  In excess of the limits established in paragraph IV or V.

IV.  By an individual or corporation in excess of the following amounts per election cycle:

Contributed to: Maximum amount of contributions:

Candidate or candidate committee $15,000

Political advocacy organization Unlimited

Any other political committee or political party $30,000

V.  By any candidate or political committee in excess of the following amounts:

Contributed to: Maximum amount of contributions:

Candidate or candidate committee Unlimited

Political advocacy organization Unlimited

Any other political committee or political party Unlimited

VI.  A partnership or labor organization may establish its own political committee, which may make contributions to a candidate, political committee, or political party, so long as the funds used by the political committee are separate from the other partnership or labor organization funds.

3  Prohibited Coercion of Political Contributions.  Amend RSA 664:4-a, I to read as follows:

I. No person shall knowingly coerce, or attempt to coerce, any classified state employee to give or withhold a contribution to any political campaign or political committee, or to any candidate, or party or cause, for the purpose of promoting the success or defeat of any candidate or political party.

4  Surplus Campaign Contributions and Deficits.  Amend RSA 664:4-b to read as follows:

664:4-b Surplus Campaign Contributions and Deficits.

Surplus campaign contributions and deficits at the end of an election cycle shall be reported as the opening balance in the next election cycle's first statement.  Surplus contributions may be used [after a general or special election] for fund raising activities and any other politically related activity sponsored by the candidate, or for donations to charitable organizations. Such surplus campaign contributions, however, shall not be used for personal purposes or other prohibited expenditures under RSA 664:5.  All expenditures shall be reported according to RSA 664:6 through RSA 664:9.  Special election cycle surpluses and deficits shall continue to be reported according to RSA 664:6 until a zero balance is reported.

5  Prohibited Political Expenditures.  Amend RSA 664:5 to read as follows:

664:5 Prohibited Political Expenditures.

No expenditure or use of a contribution, tangible or intangible, shall be made for the purpose of promoting the success or defeat of any political party, measure, or candidate:

I. By a political committee[, except the political committee of a political party,] unless the political committee meets the requirements of RSA 664:3, I.

II. [By a political committee which is organized to support a candidate in any election, or to such candidate or the candidate's fiscal agent unless the committee secures and files the written consent of the candidate or the candidate's fiscal agent with the secretary of state in accordance with RSA 664:3, III.

III.] By any person, candidate, or political committee, for political advertising in any format, including, but not limited to newspaper, periodical, or on a radio or television broadcast, or on a billboard, if at a rate more or less than the applicable rates to be filed with the secretary of state.

[IV, V. [Repealed.] ]

[VI.] III. By any foreign national, as defined in 52 U.S.C. section 30121(b) and 11 C.F.R. section 110.20(a)(3)[, for any purpose, including for the use of telephones, facsimile machines, vehicles, and computers, for electioneering. For the purposes of this paragraph, "electioneering" means to act in any way specifically designed to influence the vote of a voter on any question or office].

6  Reporting by Political Committee.  RSA 664:6 is repealed and reenacted to read as follows:

664:6 Reporting by Political Committees.

I.  Any political committee whose receipts or expenditures exceed $1,000 in an election cycle, 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. The $1,000 threshold shall not apply to political committees renewed under RSA 664:6, V; these political committees shall continue to file until a zero balance is reported. The statement shall detail the full name and postal address of each contributor in alphabetical order, the amount of the contribution, the date it was received, and the aggregate total for each election cycle.  For contributors who, in the aggregate, donate $50 or less in an election cycle, their personal identifying information shall not be publicly available in the secretary of state’s campaign finance system, and their personal identifying information shall be exempt from disclosure under RSA 91-A. Any receipts from a contributor with aggregate receipts of $50 or under shall appear on the statements as unitemized receipts. Any receipt that exceeds a contributor’s aggregate total of $200 for each election cycle shall be reported with the contributor's occupation, 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 expenditure with the full name and postal address of the payee or promisee of payment, the date paid or obligated, whichever occurred first, and the specific nature and amount of each expenditure. Statements shall cover the period beginning the day after the last day covered in the prior statement period up to and including the Sunday before the statement is due, except for the statement in subparagraph (i) below which shall be inclusive through the Tuesday before the statement is due. For a candidate or a political committee of a candidate, as defined in RSA 664, where the candidate has not filed a declaration of candidacy or intent, as defined in RSA 655, for the current election cycle, only subparagraphs (a), (b), (c), and (i) apply.  Statements shall be filed not later than 5 PM according to the following schedule:

(a)  First Wednesday in June after the state general election;

(b)  First Wednesday in December one year after the state general election;

(c)  Wednesday 12 weeks before primary election;

(d)  Wednesday 3 weeks before primary election;

(e)  Wednesday before primary election;

(f)  Second Wednesday after the primary election;

(g)  Wednesday 3 weeks before general election;

(h)  Wednesday before general election;

(i)  Fourth Wednesday after the general election.

II. Any political committee whose receipts or expenditures do not exceed $1,000 for an election cycle need not file. However, when a committee's accumulated receipts or expenditures for an election cycle exceed $1,000 the committee shall file a statement, inclusive of all receipts and expenditures for the election cycle, at the next reporting deadline, and shall continue to file at each reporting deadline.

III.  Any political committee whose independent expenditures, in aggregate, exceed $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 $1,000 is expended.  Such itemized statements shall cover the period during which independent expenditures totaling $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.

IV. Any political committee not subject to a registration fee under RSA 664:3 which has any outstanding debt, obligation, or surplus following the election cycle shall have its registration automatically renewed for the next election cycle. All other registered political committees will be conditionally renewed pending receipt by the secretary of state of the registration fee required under RSA 664:3.  Political committees that report a zero balance and notify the secretary of state that they are filing their final statement will expire. Statements shall continue to be filed according to RSA 664:6, I until a zero balance is reported.

V.  Any national political party committee of a party as defined in RSA 652:11 may make contributions or expenditures on behalf of state candidates without complying with the requirements of paragraphs I through IV, provided that the total contribution or expenditure made on behalf of a candidate or political committee in this state whether directly or indirectly does not exceed the limit for personal contributions in RSA 664:4.

VI.  The provisions of this section shall apply to a political committee for an individual candidate who is seeking a federal office whose holder is chosen by the voters of this state only.  Such a committee which is required by federal law to file with the federal government reports relative to receipts and expenditures in support of such one candidate may choose to voluntarily file with the secretary of state copies of reports made to the federal government in accordance with the timetable established by federal laws for such reports.

VII.  Any political committee that is exempt from taxation under sections 501(c)(4), 501(c)(5), or 501(c)(6) of the United States Internal Revenue Code of 1986 may disclose, but shall not be required to disclose in its itemized statement of receipts, the identity of its donors.  Any political committee affected by this section who chooses not to disclose the identity of its donors shall place the following disclosure on all communications to voters:  “This organization has an exemption under the federal law and is not required, and chooses not, to disclose its donors.”

7  Registering and Reporting by Candidates.  Amend RSA 664:7 to read as follows:

664:7  Registering and Reporting by Candidates.  Prior to filing any campaign finance statements, each [Each] candidate at the primary or general election for governor, councilor, state senator, state representative [to general court], or county officer shall register with the secretary of state through the secretary of state's online campaign finance system.  Additionally, any candidate, who has receipts or expenditures exceeding $1,000 in an election cycle, shall file statements as required in RSA 664:9-a through 664:9-c before and after an election in like manner and detail as prescribed in RSA 664:6, I-VI [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].

8  Statement Retention.  Amend RSA 664:7-a to read as follows:

664:7-a  Statement Retention.  Statements or reports required to be filed under RSA 664:6 and 664:7 shall be held in original form for 6 years from the election for which they are filed, after which time they may be destroyed.  The secretary of state shall be responsible for the retention of the original form of statements filed using the campaign finance system.

9  Reporting by Candidates for Speaker of the House of Representatives.  Amend RSA 664:7-b to read as follows:

664:7-b  Reporting by Candidates for Speaker of the House of Representatives.

I.  Each candidate seeking election to the office of speaker of the house of representatives shall:

(a)  Have filed all statements required under RSA 664 that are then due related to the candidate's most recent election for state representative.

(b)  File statements before and after such election in like manner and detail prescribed in RSA 664:6, [II, II-a, and III] I-III, except that the date of the respective election, rather than the date of the primary or general election, shall determine the dates of such statements; and

[(b)] (c)  Register as a political committee, pursuant to RSA 664:3, on the date that such [person] individual becomes a candidate for speaker of the house of representatives, notwithstanding the definition of the term "political committee" in RSA 664:2, III.

II.  In this section, and notwithstanding RSA 664:2, II, the term "candidate" means[ a person] an individual who seeks nomination for election, or election, to the office of the speaker of the house of representatives, and for purposes of this section, [a person] an individual shall be deemed to seek nomination for election, or election if such person:

(a)  Has received gifts or contributions for such purposes; or

(b)  Has given [his or her] consent to another [person] individual to receive gifts or contributions or make expenditures on behalf of such [person] individual and if such other person has received such gifts or contributions for such purposes.

III.  No candidate shall be entitled to the office of speaker of the house of representatives until the sworn itemized statements, [required to be filed by the candidate or on the candidate's behalf] except for the final statement required to be filed after the election, have been filed as required by this section.

10 ? Itemized Statements Filed by Facsimile Transmission; Mandatory Use of Online Campaign Finance System; Political Expenditures and Contributions; Reports of Receipts and Expenditures.  ?RSA 664:9-a and RSA 664:9-b are repealed and reenacted to read as follows:

664:9-a  Mandatory Use of Online Campaign Finance System.  Except as set forth in subparagraph IV, the online campaign finance system of the secretary of state for filing reports required under this chapter shall be mandatory as of the dates set forth in this section.

I.  As of November 27, 2024, candidates and political committees of candidates for the election of governor, executive council, and state senator shall file all reports required under this chapter pursuant to the online campaign finance system prescribed by the secretary of state.

II.  As of November 25, 2026, candidates and political committees of candidates for the election of state house of representatives, county commissioner, and all other offices shall file all reports required under this chapter pursuant to the online campaign finance system prescribed by the secretary of state.

III.  As of November 27, 2024, all political committees, other than political committees of candidates in RSA 664:9-a II, shall file all reports required under this chapter pursuant to the online campaign finance system prescribed by the secretary of state.

IV.  Any political committee of a candidate or candidate may apply to the secretary of state on a form under oath prescribed by the secretary of state asking for a waiver of the requirements of RSA 664:9-a stating the following:

(a)  The candidate has less than $3,000 in receipts or expenditures; and

(b)  The candidate does not possess a computer or the skills to file statements pursuant to the online campaign finance system prescribed by the secretary of state.

V.  The secretary of state shall have the discretion to waive the requirements of RSA 664:9-a I-III for the election cycle during which the waiver is requested and shall notify the applicant in writing within 10 days of receiving the waiver whether the request is granted.  The requirements of RSA:9-c and RSA:9-d cannot be waived and shall be followed if the waiver application is approved.

664:9-b  ?Reports of Receipts and Expenditures Filed Electronically.  ?A political committee or a candidate may file such candidate's report of receipts and expenditures, pursuant to RSA 664:6, RSA 664:7, and RSA 664:7-b, electronically online by using the New Hampshire campaign finance system, which may also be used to register and search information filed by candidates and political committees.

664:9-c ? Reports of Receipts and Expenditures Filed by Other Methods. ?A political committee or a candidate may file such candidate's required reports as an email, elections@sos.nh.gov, attachment provided that:

I. ? The font size of the reports as printed is not less than an 8 point font.

II.  ?Email attachments are to be in portable document format archive (PDFA) or other acceptable format as determined by the secretary of state.

III. ? The report is received by the secretary of state on or before the date and time that the report is due.

IV.  Reports filed June 24, 2026 and thereafter must be in a format that meets web content accessibility guidelines.

664:9-d  ?Reports; Legibility Required.  ?A political committee or a candidate who files a report pursuant to RSA 664:9-b shall be responsible for ensuring the report is legible.  ?The political committee or a candidate shall file an amended copy of such candidate's report within one week after being notified by the secretary of state or attorney general's office that such report is non-compliant. ? Non-compliant reports shall not be accepted by the secretary of state as filed and shall not be published to the online campaign finance system, pursuant to 664:11, until a legible amendment is received.

11  Public Inspection, Treasurers.  Amend RSA 664:11-13 to read as follows:

664:11  Public Inspection.  All statements[, assents,] and registrations filed by [state committees,] candidates[,] and political committees shall be open to public inspection.  Such statements and registrations shall be published on [The] the website of the secretary of state[ shall publish on the Internet information on all contributions reported under this chapter, including the name of the contributor, the contributor's home state, and the date of the contribution].

664:12  [Fiscal Agent] Treasurer.

As part of the declaration of candidacies filed by candidates for governor, councilor, state senator, state representative, and county officer [and other primary candidacies], every such candidate shall designate some [person] individual, who may be the individual candidate [himself], as [his financial agent] the treasurer for the purpose of the primary and general election campaign.  If [his] candidacy for such office is established by a primary petition or nomination petitions, there shall be filed together with such petitions the name of the [fiscal agent] treasurer for such candidate.  A candidate who is nominated by write-in vote at the primary shall, prior to making any campaign expenditures, file with the secretary of state the name of [his fiscal agent] the treasurer.  [All] The treasurer shall approve all sums expended or contracted for payment in the [primary or general election campaign in behalf of such candidate shall be reported by the candidate or his political committee or both to his fiscal agent, and the candidate or his fiscal agent shall make or approve all disbursements in behalf of his candidate subsequent to his designation as fiscal agent] election cycle and join with the candidate in making and filing the statements required by this chapter.

664:13  Committee Treasurer.

If [a political committee has no treasurer, or if] the treasurer fails to make a report, it shall be the duty of each member of said political committee who received or pays out any money on behalf of said political committee to make such a report or to cause the same to be made.  No member of such political committee shall make or permit any unlawful expenditure or act by said political committee, in whole or in part, or consent thereto, or aid, abet or conspire to make or permit the same.

12  Signature, Identification, and Lack of Authorization.  RSA 664:14 is repealed and reenacted to read as follows:

664:14  Signature, Identification and Lack of Authorization.

I.  All political advertising shall comply with the provisions of this section.

II.  All political advertising shall be signed at the beginning or the end.  The signature shall state, “Paid for by (name of the candidate or political committee), (address of the candidate or political committee), (name of the treasurer) treasurer or (name of chairman) chairman”.  Political advertising in the form of signs or placards may contain an Internet address in lieu of the signature requirements of this section, if the Internet address is printed or written in a size of type or lettering large enough to be clearly legible and the website immediately and prominently displays all of the information required by this section through the election cycle.  In the case of political advertising or communication made on behalf of a political committee registered with the secretary of state pursuant to RSA 664:3, the name and address on the advertisement shall match the name and address registered with the secretary of state.

III.  Political advertising to promote the success or defeat of a measure by a business organization, labor union, or other enterprise or organization shall be signed.  The name of the enterprise or organization shall be indicated, and the chairman or treasurer of the enterprise or organization shall sign his or her name and the address of the signer.  Nothing in this section shall be construed to permit contributions which are prohibited under RSA 664:4.

IV.  For the purposes of RSA 664:14, political advertising shall include any communication, including, but not limited to, yard signs, leaflets, and mailed or e-mailed messages, which expressly advocate the success or defeat of a warrant article to be voted on at a town, school district, or village district election.  Nothing in this section shall be construed to apply to communications at a town, school, or village district meeting, at which communications shall be governed by the moderator.

V.  Nothing in this section shall be construed to apply to a lone individual who independently authors, produces, and distributes political advertising.

VI.  In the case of printed or written matter, including material distributed by email, social media, or through other digital formats, the signature, position, and address of the signer shall be printed or written in a size or lettering large enough to be clearly legible.

VII.(a)  In the case of political advertising broadcast on radio, television, the Internet, or any public address system, the name and address of the signer shall be clearly identified.

(b)  All political advertising broadcast on television or the Internet shall identify the name of the candidate who pays for the advertisement or whose advertisement is paid for by a political committee.  Such identification shall be made both aurally and visually.  The visual presentation shall be clearly legible and shall use letters equal to or greater than 12 percent of the vertical picture height and shall air for not less than 4 seconds at the conclusion of the broadcast.

VIII.  Notwithstanding any other provision of this section, buttons or any printed or written political advertising which is attached to or displayed on any clothing or motor vehicle need not be signed if equal to or smaller than 72 square inches.

IX.  Notwithstanding any other provision of this section, any advertising in support of or in opposition to a candidate by a political committee shall comply with this paragraph.  If the advertising is not authorized by the candidate or candidate committee, the advertising shall so state and shall identify the sponsor of the advertisement.  All such political advertising shall include the statement:  "This advertisement has been paid for by (name of sponsor) and has not been authorized by any candidate."  Such statement shall be made both aurally and visually if broadcast on television.  The visual presentation on television shall be clearly legible and shall use letters equal to or greater than 12 percent of the vertical picture height and shall be broadcast for not less than 4 seconds at the conclusion of the advertisement.

X.  Any advertising which is not political advertising because it does not advocate the success or defeat of a party, measure, or candidate, but which mentions or depicts a candidate shall include the statement:  "This advertisement has been paid for by (name of sponsor) and has not been authorized by any candidate."

XI.  Physical political advertisements purchased prior to January 1, 2025 may use the term fiscal agent in place of treasurer as required in this chapter.

13  Prerecorded Political Messages.  Amend RSA 664:14-a, I-II to read as follows:

I.  In this section, "prerecorded political message" means a prerecorded audio message delivered by [telephone by]:

(a)  A candidate, or political committee[;], or any other person;

(b)  [Any person] When the content of the message expressly [or implicitly] advocates or is the functional equivalent of express advocacy promoting the success or defeat of any party,  candidate, measure, or person at any election, or contains information about any candidate, measure, or party.

II.  No person shall deliver or knowingly cause to be delivered a prerecorded political message unless the message contains, or a live operator provides, within the first 30 seconds of the message, the following information:

(a)  The name of the candidate, measure, or of any organization or organizations the person is calling on behalf of.

(b)  The name of the person or organization paying for the delivery of the message and the name of the [fiscal agent] treasurer, if applicable.

14  Approval of Candidate or Treasurer.  Amend RSA 664:15 to read as follows:

664:15  Approval of Candidate or [Fiscal Agent] Treasurer.

A person or business organization publishing a newspaper or periodical or selling billboard space or operating a radio or television station or public address system shall not publish, print, or broadcast any political advertising by or on behalf of a candidate in an election unless the same shall be signed by or authorized in writing by the candidate or [his fiscal agent] treasurer.

15  Complaints.  Amend RSA 664:18, II to read as follows:

II.  Following an investigation and determination by the attorney general that a provision of this chapter has been violated, the attorney general is empowered[, if he determines that a provision of this chapter has been violated,] to:

(a)  Issue an order requiring the violator to cease and desist from [his or her] the violation.  If the attorney general's order is not obeyed, the attorney general or designee may petition the superior court of the county in which the violation occurred for an order of enforcement.

(b)  Prosecute to final judgment through [his] a designee if sufficient cause for such prosecution is found.

16  Subpoena Power.  Amend RSA 664:20 to read as follows:

664:20  Subpoena Power.

In the exercise of [his] the powers and duties of the attorney general under this chapter, the attorney general is authorized to require the appearance of individuals and to secure testimony and evidence by use of a subpoena duces tecum.

17  Penalty; Cross Reference Removed.  Amend RSA 664:21, IX to read as follows:

IX.  Any individual, political committee, or organization responsible for reporting under RSA 664:6[, 664:6-a,] and 664:7 that files a report with illegible material content shall receive a written warning for a first offense and shall be charged a civil penalty of $1,000 per offense for any subsequent offenses.

18  Repeal.  The following are repealed:

I.  RSA 664:3-a, relative to registration of political advocacy organizations.

II.  RSA 664:6-a, relative to reporting by political advocacy organizations.

III.  RSA 664:10, relative to social activities.

19  Effective Date.

I.  Section 10 of this act shall take effect upon its passage.

II.  The remainder of this act shall take effect January 1. 2025.

Amendments

Date Amendment
March 20, 2024 2024-1215h
March 26, 2024 2024-1334h
May 14, 2024 2024-1943s

Links


Date Body Type
Feb. 13, 2024 House Hearing
March 5, 2024 House Exec Session
March 19, 2024 House Exec Session
March 18, 2024 House Floor Vote
April 23, 2024 Senate Hearing
May 23, 2024 Senate Floor Vote
June 13, 2024 Senate Floor Vote
June 13, 2024 Senate Floor Vote
June 13, 2024 House Floor Vote

Bill Text Revisions

HB1091 Revision: 42620 Date: June 13, 2024, 12:02 p.m.
HB1091 Revision: 42261 Date: May 22, 2024, 3:18 p.m.
HB1091 Revision: 41488 Date: May 22, 2024, 2:16 p.m.
HB1091 Revision: 41993 Date: May 14, 2024, 1:25 p.m.
HB1091 Revision: 41408 Date: March 26, 2024, 4:05 p.m.
HB1091 Revision: 41290 Date: March 20, 2024, 2:27 p.m.
HB1091 Revision: 39576 Date: Nov. 28, 2023, 9:02 a.m.

Docket


June 13, 2024: Conference Committee Report 2024-2289c: Adopted, DV 190-181 06/13/2024 HJ 16


June 12, 2024: Conference Committee Report # 2024-2289c, Adopted, VV; 06/13/2024; SJ 17


June 6, 2024: Conference Committee Report Filed, # 2024-2289c; 06/13/2024


June 6, 2024: Conference Committee Meeting: 06/06/2024 11:00 am LOB 205-207


May 31, 2024: Conferee Change: Rep. Muirhead Replaces Rep. Osborne 05/31/2024 HJ 15


June 5, 2024: Conference Committee Meeting: 06/05/2024 10:15 am LOB 306-308


May 30, 2024: President Appoints: Senators Gray, Abbas, Soucy; 05/30/2024; SJ 16


May 30, 2024: Sen. Gray Accedes to House Request for Committee of Conference, MA, VV; 05/30/2024; SJ 16


May 29, 2024: House Non-Concurs with Senate Amendment 2024-1943s and Requests CofC (Reps. S. Smith, Qualey, Osborne, Lane): MA VV 05/29/2024 HJ 14


May 22, 2024: Ought to Pass with Amendment 2024-1943s, MA, VV; OT3rdg; 05/22/2024; SJ 14


May 22, 2024: Committee Amendment # 2024-1943s, AA, VV; 05/22/2024; SJ 14


May 14, 2024: Committee Report: Ought to Pass with Amendment # 2024-1943s, 05/22/2024; Vote 5-0; CC; SC 20


April 16, 2024: Hearing: 04/23/2024, Room 103, LOB, 09:20 am; SC 16


April 2, 2024: Introduced 03/21/2024 and Referred to Election Law and Municipal Affairs; SJ 8


March 28, 2024: Reconsider OTPA (Rep. Lane): MF VV 03/28/2024 HJ 10


March 28, 2024: Ought to Pass with Amendment 2024-1215h and 2024-1334h: MA VV 03/28/2024 HJ 10


March 28, 2024: FLAM # 2024-1334h (Reps. Lane, Qualey, Berry, Muirhead, Ward): AA VV 03/28/2024 HJ 10


March 28, 2024: Amendment # 2024-1215h: AA VV 03/28/2024 HJ 10


March 20, 2024: Committee Report: Ought to Pass with Amendment # 2024-1215h 03/18/2024 (Vote 20-0; RC) HC 12 P. 28


March 13, 2024: Executive Session: 03/19/2024 10:30 am LOB 306-308


March 5, 2024: Full Committee Work Session: 03/11/2024 10:30 am LOB 306-308


Feb. 27, 2024: ==RECESSED== Executive Session: 03/05/2024 09:00 am LOB 306-308


Feb. 21, 2024: Full Committee Work Session: 02/27/2024 10:30 am LOB 306-308


Feb. 14, 2024: Full Committee Work Session: 02/20/2024 02:30 pm LOB 306-308


Feb. 8, 2024: Public Hearing: 02/13/2024 02:40 pm LOB 307


Nov. 28, 2023: Introduced 01/03/2024 and referred to Election Law