HB 175 - AS INTRODUCED
2025 SESSION
25-0156
07/08
HOUSE BILL 175
AN ACT relative to defined coordinated expenditures.
SPONSORS: Rep. Muirhead, Graf. 12; Rep. Ankarberg, Straf. 7; Rep. Lane, Merr. 16; Rep. J. Sullivan, Graf. 2
COMMITTEE: Election Law
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ANALYSIS
This bill:
I. Creates and expands upon the definitions of coordinated and independent expenditures.
II. Creates a new maximum expenditure limit for political advocacy committees.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0156
07/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to defined coordinated expenditures.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Political Expenditures and Contributions; Definitions; Contribution. Amend RSA 664:2, VIII to read as follows:
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, coordinated expenditure, or personal or professional services for less than full consideration, or the use of anything of value.
2 Political Expenditures and Contributions; Definitions; Independent Expenditure. Amend RSA 664:2, XI to read as follows:
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. A coordinated expenditure is not an independent expenditure.
3 New Paragraph; Coordinated Expenditure. Amend RSA 664:2 by inserting after paragraph XXVII the following new paragraph:
XXVIII.(a) For the purpose of this paragraph, "firewall" means a written policy distributed to all employees, consultants, and clients affected by the policy that prevents the flow of information between:
(1) Employees or consultants providing service to the person paying for the communication; and
(2) Anyone, including employees, consultants, and advisors, providing services to a political party committee or to a candidate who is clearly identified in the communication or to the campaign of the candidate opposing the candidate clearly identified in the communication.
(b) "Coordinated expenditure" means:
(1) The republication of a candidate’s or political party’s campaign materials, unless such republication is used to oppose the candidate or party that created the materials;
(2) An expenditure, as described in subparagraph (e), regardless of whether it meets a “conduct” standard as described in subparagraph (d), that is materially consistent with instructions, directions, or suggestions from a candidate or political party regarding the making of expenditures, regardless of whether the instructions, directions, or suggestions are publicly available. The factors the attorney general shall consider in determining whether an expenditure is consistent with instructions, directions, or suggestions from a candidate or party under this paragraph include, but are not limited to:
(A) Noticeable placement of instructions, directions, or suggestions, such as on a discrete webpage or portion of a webpage containing one or more other factors identified in this paragraph;
(B) Whether the instructions, directions, or suggestions include language indicating that information should be communicated to others, such as “voters need to know”;
(C) Whether the instructions, directions, or suggestions include targeted audience information, such as specific demographics or the location of intended or suggested recipients; and
(D) Whether the instructions, directions, or suggestions include suggested methods of communication, such as indicating that recipients need to “see,” “hear,” or “see on the go” information.
(3) An expenditure that meets at least one conduct standard as described in subparagraph (d) and one content standard as described in subparagraph (e).
(c) “Coordinated expenditure” does not include:
(1) A communication that appears in a news story, commentary, or editorial; or
(2) An expenditure for a nonpartisan candidate debate or forum.
(d) For purposes of defining coordinated expenditures:
(1) “Candidate” includes any person who is a candidate at the time of the expenditure, regardless of whether the person was a candidate at the time of the conduct constituting coordination took place; and
(2) References to a candidate or party include the political committee of such candidate or party and any agents, executives, or managers who worked for such person during the 2 years preceding the expenditure.
(e) Conduct constitutes coordination between a spender and a candidate or a political party that benefits from the expenditure, whenever:
(1) An expenditure is not made totally independently of a candidate or party. An expenditure is not made totally independently if it is made pursuant to any expressed or implied agreement with, any general or particular understanding with, or pursuant to any request by or communication with, the candidate or political party about the expenditure;
(2) During the 2 years preceding the expenditure, the candidate, immediate family members, or party directly or indirectly established, maintained, controlled, or principally funded the spender;
(3) During the 2 years preceding the expenditure, a candidate or party official solicited funds for the spender, provided fundraising information to the spender, appeared as a speaker at a fundraiser for the spender, or gave permission to be featured in the spender’s fundraising efforts;
(4) The expenditure is based on information about the candidate’s or party’s campaign needs that the candidate or party provided to the spender; or
(5) During the 2 years preceding the expenditure, the spender employed the services of a person who, during the same period, had executive or managerial authority for the candidate or party, was authorized to raise or expend funds for the candidate or party, or provided the candidate or party with professional services, other than accounting or legal services, related to campaign or fundraising strategy.
(f) An expenditure, when coordinated, constitutes funds spent for the purpose of promoting the success or defeat of a candidate whenever the expenditure is for:
(1) A communication that expressly advocates for or against the nomination or election of a candidate; that promotes the success or defeat of a candidate or candidate’s opponent; or refers to a clearly identified candidate at any time from 120 days before a primary election through the general election;
(2) An expenditure for partisan voter activity, such as voter registration, get out-the-vote activity, phone banking, or generic campaign activity, in the jurisdiction where the candidate is seeking election; or
(3) An expenditure for research, design or production costs, polling expenses, data analytics, creating or purchasing mailing or social media lists, or other activities related to those described in subparagraphs (f)(1) or (f)(2).
(g) An expenditure, when coordinated, constitutes funds spent for the purpose of promoting the success or defeat of a party whenever the expenditure is for:
(1) A communication that expressly advocates for the election of a candidate of the political party or against a candidate of an opposing political party; that promotes the success or defeat of a candidate of the political party or an opponent of a candidate of the political party (including generically advocating for the political party or against an opposing political party); or refers to a clearly identified candidate or political party at any time from 120 days before a primary election through the general election;
(2) An expenditure for partisan voter activity, such as voter registration, get out-the-vote activity, phone banking, or generic campaign activity; or
(3) An expenditure for research, design or production costs, polling expenses, data analytics, creating or purchasing mailing or social media lists, or other activities related to those defined in subparagraphs (1) or (2).
(h) Notwithstanding subparagraph (d)(5), expenditures involving former employees or common agents of a candidate or party are not coordinated expenditures if the spender implements an effective firewall. A person who relies upon a firewall bears the burden of proof of showing that the firewall was effective. An effective firewall must:
(1) Separate staff who provide a service to the spender in relation to its expenditures from other staff who provide services to a candidate or party supported by the spender’s expenditures;
(2) Forbid an organization’s owners, executives, managers, and supervisors from simultaneously overseeing the work of staff separated by a firewall;
(3) Prohibit the flow of strategic non-public information between the spender and the candidate or party supported by the expenditures, and between specific staff who are separated by the firewall;
(4) Provide for physical and technological separation to ensure that strategic non-public information does not flow between the spender and the candidate or party, and between the specific staff separated by the firewall; and
(5) Be in writing and distributed to all relevant employees and consultants before any relevant work is performed regarding both the general firewall policy and any specific firewall created pursuant to such a policy, and provided to the attorney general upon request.
4 Prohibited Political Contributions. Amend RSA 664:4, III(d) to read as follows:
(d) In excess of the limits established in paragraph IV [or V].
5 Political Expenditures and Contributions; Prohibited Political Contributions. RSA 664:4, IV is repealed and reenacted to read as follows:
IV. By an individual, political committee, corporation, or any other person in excess of the following amounts per election cycle:
Contributed to: | Maximum amount of contribution: |
Candidate or candidate committee | $15,000 |
Political advocacy organization | $30,000 |
Any other political committee or political party | $30,000 |
6 Repeal. RSA 664:4, V, relative to political contributions by committees or organizations, is repealed.
7 Effective Date. This act shall take effect upon its passage.
| Date | Body | Type |
|---|---|---|
| Feb. 11, 2025 | House | Hearing |
| Feb. 18, 2025 | House | Exec Session |
Feb. 12, 2025: Executive Session: 02/18/2025 10:10 am LOB 306-308
Feb. 7, 2025: Public Hearing: 02/11/2025 02:20 pm LOB 306-308
Jan. 6, 2025: Introduced 01/08/2025 and referred to Election Law HJ 2 P. 9