POLITICAL EXPENDITURES AND CONTRIBUTIONS

RSA tit. LXIII, ch. 664

in effect

RSA 664:1 Applicability of Chapter.

664:1. Applicability of Chapter. The provisions of this chapter shall apply to all state primary, general, and special elections, but shall only apply to presidential preference primaries as provided in this section. The provisions relating to political advertising, push polling, and enforcement, RSA 664:14 through RSA 664:22, shall additionally apply to presidential primary, city, town, school district, and village district elections. Source. 1979, 436:1. 1989, 212:6. 1991, 387:8. 2008, 118:2, eff. June 3, 2008.

RSA 664:2 Definitions.

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. (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. [Paragraph X effective until January 1, 2027; see also paragraph X set out below.] X. "Measure" shall mean any constitutional amendment or question that is submitted or intended to be submitted to a popular vote at an election. [Paragraph X effective January 1, 2027; see also paragraph X set out above.] X. "Measure" shall mean any constitutional amendment or question that is submitted or intended to be submitted to a popular vote. 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 $1,000 or more in 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. [Paragraph X effective until January 1, 2027; see also paragraph X set out below.] [Paragraph X effective January 1, 2027; see also paragraph X set out above.] Source.Source. 1979, 436:1. 1982, 27:1, 2. 1983, 366:1. 1991, 387:9, 10. 1994, 8:1; 216:1. 1998, 12:2. 2004, 72:1. 2007, 143:1. 2009, 50:1. 2014, 6:1, 2, eff. April 23, 2014; 279:1-4 eff. July 28, 2014. 2019, 334:1, 2, eff. Oct. 15, 2019. 2023, 118:1, eff. Aug. 29, 2023. 2024, 365:1, eff. Jan. 1, 2025. 2026, 314:2, eff. Jan. 1, 2027.

RSA 664:3 Registration of Political Committees.

664:3. Registration of Political Committees. (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 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. Registrants shall comply with the reporting requirements contained in RSA 664:6. (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. Source. 1979, 436:1. 1982, 27:1. 1991, 387:11, 12. 1997, 351:59. 2003, 266:6. 2006, 97:1. 2009, 144:225. 2014, 279:5, 6, eff. July 28, 2014. 2021, 168:2, eff. Sept. 28, 2021. 2024, 365:1, eff. Jan. 1, 2025. 2025, 277:11, eff. Sept. 30, 2025.

RSA 664:4 Prohibited Political Contributions.

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. [Paragraph VII effective January 1, 2027.] VII. By any foreign national, as defined in 52 U.S.C. section 30121(b) and 11 C.F.R. section 110.20(a)(3). [Paragraph VII effective January 1, 2027.] Source. 1979, 436:1. 1983, 415:1. 1991, 387:13, 14. 2011, 150:7, V, eff. Aug. 7, 2011. 2021, 168:3, eff. Sept. 28, 2021. 2022, 93:1, eff. Jan. 1, 2023. 2023, 79:595, eff. June 20, 2023. 2024, 365:2, eff. Jan. 1, 2025. 2026, 314:3, eff. Jan. 1, 2027.

RSA 664:4-a Prohibited Coercion of Political Contributions.

664:4-a. Prohibited Coercion of Political Contributions. 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. II. No business organization, and no officer, director, executive, agent or employee acting in behalf of the business organization, and no enterprise representing or affiliated with one or more business organizations, and no officer, director, executive, agent or employee acting in behalf of such enterprise, shall knowingly coerce, or attempt to coerce, any employee of the business organization or of the enterprise, or any contractor or subcontractor or any employee of the contractor or subcontractor doing business with the business organization, to make a contribution to any political campaign or political committee, or to any candidate, party or cause, for the purpose of promoting the success or defeat of any candidate or political party: (a) By means of the denial or deprivation, or the threat of the denial or deprivation, of any employment, position, or work in or for the business organization or enterprise. (b) By means of the denial or deprivation, or threat of the denial or deprivation, of the loss of any compensation, payment, or benefit from such employment, position, or work. (c) By means of the discharge, promotion, degradation, or change in any manner in the official rank or compensation of any employee, or by means of the promise or threat to do so, for giving or withholding a contribution. Source. 1983, 415:2. 1987, 119:1. 1994, 216:2, eff. July 24, 1994. 2024, 365:3, eff. Jan. 1, 2025.

RSA 664:4-b Surplus Campaign Contributions and Deficits.

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 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. Source. 1989, 212:7. 1992, 91:1. 1995, 276:1, eff. Aug. 19, 1995. 2024, 365:4, eff. Jan. 1, 2025.

RSA 664:5 Prohibited Political Expenditures.

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: No expenditure or use of a contribution, whether 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 unless the political committee meets the requirements of RSA 664:3, I. II. 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. 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). [Introductory paragraph effective until January 1, 2027; see also introductory paragraph set out below.][Introductory paragraph effective January 1, 2027; see also introductory paragraph set out above.] Source. 1979, 436:1. 1982, 27:4. 1991, 387:15. 1997, 351:60, 63, eff. Aug. 24, 1997. 2018, 111:1, eff. May 25, 2018. 2024, 365:5, eff. Jan. 1, 2025. 2026, 314:4, eff. Jan. 1, 2027.

RSA 664:6 Reporting by Political Committees.

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. Except as provided in paragraph VIII, 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 $200 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 $200 or under shall appear on the statements as unitemized receipts. Any receipt that exceeds a contributor's aggregate total of $1,000 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 5:00 p.m. 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." VIII. Campaign donations at campaign booths at fairs, festivals, or other events, donations to raffles, passing the hat, and other fundraising activities where individual donations do not exceed $50 and there is no expectation that an individual donor will exceed $200 over the campaign cycle may be summarized on the candidate's financial report by providing the name of the event, the location of the event, and the amount collected. Source. 1979, 436:1. 1982, 27:5. 1983, 89:1. 1991, 387:19-22. 1994, 8:2. 1995, 276:2. 1997, 351:61. 2007, 143:2, 3. 2013, 209:4. 2014, 279:7-10, eff. July 28, 2014. 2016, 270:1, eff. Jan. 1, 2017. 2021, 168:4, 5, 10, eff. Sept. 28, 2021. 2024, 365:6, eff. Jan. 1, 2025. 2025, 277:6, 7, eff. Sept. 30, 2025. 2026, 184:1, 2, eff. Aug. 18, 2026.

RSA 664:7 Registering and Reporting by Candidates.

664:7. Registering and Reporting by Candidates. Prior to filing any campaign finance statements, each candidate at the primary or general election for governor, councilor, state senator, state representative , 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 . Source. 1979, 436:1. 1982, 27:6. 1991, 387:23, eff. July 2, 1991. 2021, 168:6, eff. Sept. 28, 2021. 2024, 365:7, eff. Jan. 1, 2025.

RSA 664:7-a Statement Retention.

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. Source. 2001, 231:6, eff. July 13, 2001. 2024, 365:8, eff. Jan. 1, 2025.

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

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, 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 (c) Register as a political committee, pursuant to RSA 664:3, on the date that such 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 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, 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 consent to another individual to receive gifts or contributions or make expenditures on behalf of such 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, except for the final statement required to be filed after the election, have been filed as required by this section. Source. 2002, 99:1, eff. May 3, 2002. 2024, 365:9, eff. Jan. 1, 2025.

RSA 664:9 Prohibition.

664:9. Prohibition. No candidate shall be entitled to the nomination or election until the sworn itemized statements required to be filed by him or in his behalf have been filed as required by RSA 664:6 and 664:7. Source. 1979, 436:1. 1987, 276:2, eff. July 24, 1987.

RSA 664:9-a Mandatory Use of Online Campaign Finance System.

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. Source. 2024, 365:10, eff. Aug. 23, 2024.

RSA 664:9-b Reports of Receipts and Expenditures Filed Electronically.

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. Source. 2024, 365:10, eff. Aug. 23, 2024.

RSA 664:9-c Reports of Receipts and Expenditures Filed by Other Methods.

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 attachment sent to the address elections@sos.nh.us, provided that: I. The font size of the reports as printed is not less than an 8 point font. II. Email attachments are 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. Source. 2024, 365:10, eff. Aug. 23, 2024.

RSA 664:9-d Reports; Legibility Required.

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. Source. 2024, 365:10, eff. Aug. 23, 2024.

RSA 664:11 Public Inspection.

664:11. Public Inspection. All statements and registrations filed by candidates and political committees shall be open to public inspection. Such statements and registrations shall be published on the website of the secretary of state. Source. 1979, 436:1. 2006, 57:1, eff. June 23, 2006. 2024, 365:11, eff. Jan. 1, 2025.

RSA 664:11-a Candidate and State Official Security.

664:11-a. Candidate and State Official Security. Campaign funds may be used to pay for the reasonable costs of security measures for a state candidate, state officeholder, member of their family, and employees of the candidate's campaign or the state officeholder's office, and shall not be considered personal use, so long as the security measures address ongoing dangers or threats that would not exist irrespective of the individual's status or duties as a state candidate or state officeholder. Disbursements for security measures shall be for the usual and normal charge for such goods or services. In this section, "usual and normal charge" means, in the case of goods, the price of those goods in the market in which they are ordinarily purchased, and, in the case of services, the hourly or piecework charge for the services at a commercially reasonable rate prevailing at the time the services were rendered. Such security measures include, but are not limited to: I. Non-structural security devices, such as security hardware, locks, alarm systems, motion detectors, and security camera systems; II. Structural security devices, such as wiring, lighting, gates, doors, and fencing, so long as such devices are intended solely to provide security and not to improve the property or increase its value; III. Security personnel and services that are bona fide, legitimate, and professional; IV. Cybersecurity software, devices, and services; and V. Training in, or for the use of, any of the security measures purchased as part of this chapter. Source. 2026, 208:1, eff. Aug. 31, 2026.

RSA 664:12 Treasurer.

664:12. Treasurer. As part of the declaration of candidacies filed by candidates for governor, councilor, state senator, state representative, and county officer , every such candidate shall designate some individual, who may be the individual candidate , as the treasurer for the purpose of the primary and general election campaign. If 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 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 the treasurer. The treasurer shall approve all sums expended or contracted for payment in the election cycle and join with the candidate in making and filing the statements required by this chapter. Source. 1979, 436:1. 1987, 276:3, eff. July 24, 1987. 2024, 365:11, eff. Jan. 1, 2025.

RSA 664:13 Committee Treasurer.

664:13. Committee Treasurer. 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. Source. 1979, 436:1. 1997, 351:62, eff. Aug. 24, 1997. 2024, 365:11, eff. Jan. 1, 2025.

RSA 664:13-a Inaugural Treasurer; Reporting Requirement.

664:13-a. Inaugural Treasurer; Reporting Requirement. I. Before receiving any contribution or making any expenditure for a gubernatorial inauguration, the governor-elect shall appoint an inaugural treasurer, who shall manage the funds of the inaugural committee. The name and address of such treasurer shall be reported to the secretary of state by the governor-elect not later than 2 days after the appointment. II. No person shall make any expenditure or make or receive any contribution or receipt, in kind or otherwise, for a gubernatorial inauguration except by or through the inaugural treasurer. No person shall make a contribution for a gubernatorial inauguration in excess of $10,000. III. The inaugural treasurer shall keep detailed accounts of all contributions and other receipts received, in kind or otherwise, and all expenditures made by, a gubernatorial inaugural committee. Reports of the treasurer may be inspected at the office of the secretary of state and shall be held in original form for 6 years from the inauguration for which they are filed, after which time they may be destroyed. No contribution or other receipt received by the inaugural treasurer shall be comingled with personal funds of the governor-elect or inaugural treasurer. IV. The inaugural treasurer shall file an itemized statement of receipts and expenditures with the secretary of state in like manner and detail as prescribed in RSA 664:6 on March 10 and July 10 following the inauguration. Expenditures totaling more than $1,000 from the inaugural treasurer to the governor-elect or his or her immediate family shall contain back-up receipts. The report filed on March 10 shall be for the period ending on February 28 and the report filed on July 10 shall be for the period beginning on March 1 and ending on June 30. After the July 10 filing, reports shall continue to be filed every 6 months under RSA 664:6, V on the same dates required for state elections until a zero balance is achieved. If a report is sent by certified mail on or before the day it is due, the mailing shall constitute receipt by the secretary of state. Source. 2016, 40:1, eff. May 3, 2016. 2019, 193:1, 2, eff. Jan. 1, 2020.

RSA 664:14 Signature, Identification and Lack of Authorization.

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. Source. 1979, 436:1. 1983, 366:2. 1991, 387:24, 25. 1994, 216:3. 1996, 88:6, 7. 1998, 13:2-4. 2004, 72:2, 3. 2014, 147:1, eff. Aug. 15, 2014. 2019, 51:1, eff. Aug. 4, 2019. 2024, 365:12, eff. Jan. 1, 2025.

RSA 664:14-a Prerecorded Political Messages.

664:14-a. Prerecorded Political Messages. I. In this section, "prerecorded political message" means a prerecorded audio message delivered : (a) By a candidate, or political committee, or any other person; (b) When the content of the message expressly 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 treasurer, if applicable. III. No person shall deliver or knowingly cause to be delivered a prerecorded political message to any telephone number on any federal do not call list. IV. (a) A violation of this section shall result in a civil penalty of $5,000 per violation. (b) Any person injured by another's violation of this section may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act or practice was a willful or knowing violation of this section, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this section without bond, subject to the discretion of the court. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general. Source. 2003, 258:1, eff. Jan. 1, 2004. 2024, 365:13, eff. Jan. 1, 2025.

RSA 664:14-b Misrepresenting Origin of Campaign Call.

664:14-b. Misrepresenting Origin of Campaign Call. I. No person shall knowingly misrepresent the origin of a telephone call which expressly or implicitly advocates the success or defeat of any party, measure, or person at any election, or contains any information about any candidate or party. Such knowing misrepresentation shall include, but shall not be limited to, causing the displayed caller identification information, as defined in RSA 359-E:1, I-a, to indicate that a telephone call originates from a number, person, or organization other than the number, person, or organization originating the call, or making a call knowing that some other person has caused said misrepresentation, except if the displayed caller identification number is a number at which the person or organization responsible for sponsoring or making the call may directly receive a return call. II. (a) A violation of this section shall result in a civil penalty of $5,000 per violation. (b) Any person injured by another's violation of this section may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act or practice was a willful or knowing violation of this section, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this section without bond, subject to the discretion of the court. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general. Source. 2009, 320:2, eff. Jan. 1, 2010.

RSA 664:14-c Synthetic Media and Deceptive and Fraudulent Deepfakes.

664:14-c. Synthetic Media and Deceptive and Fraudulent Deepfakes. I. In this section: (a) "Synthetic media" means an image, an audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false image, audio, or video. (b) "Artificial intelligence" or "AI" is the ability of a machine to display human-like capabilities for cognitive tasks such as reasoning, learning, planning, and creativity. AI systems may adapt their behavior to a certain degree by analyzing the effects of previous actions and operating under varying and unpredictable circumstances without significant human oversight. (c) "Generative AI" is AI that can generate text, images, or other media in response to prompts. (d) "Deepfake" means a video, audio, or any other media of a person in which his or her face, body, or voice has been digitally altered so that he or she appears to be someone else, he or she appears to be saying something that he or she has never said, or he or she appears to be doing something that he or she has never done. II. Except as provided in paragraph III, a person, corporation, committee, or other entity shall not, within 90 days of an election at which a candidate for elective office will appear on the ballot, distribute a message created using artificial intelligence or generative AI that the person, corporation, committee or other entity knows or should have known is a deepfake, as defined in paragraph I, of a candidate, election official, or party on the state or local ballot. III. (a) The prohibition in paragraph II shall not apply if the audio or visual media includes a disclosure stating: "This __________ has been manipulated or generated by artificial intelligence technology and depicts speech or conduct that did not occur." (b) The blank in the disclosure required by subparagraph (a) shall be filled with whichever of the following terms most accurately describes the media: (1) Image. (2) Video. (3) Audio. (c) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video. (d) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than 2 minutes in length, interspersed within the audio at intervals of not greater than 2 minutes each. IV. (a) A candidate or election official whose appearance, action, or speech is depicted through the use of a deceptive and fraudulent deepfake in violation of paragraph II may seek injunctive or other equitable relief prohibiting the publication of such deceptive and fraudulent deepfake. (b) A candidate or election official whose appearance, action, or speech is depicted using a deceptive and fraudulent deepfake in violation of paragraph II may also bring an action for general or special damages against the sponsor. The court may award a prevailing party reasonable attorneys' fees and costs. This section shall not limit or preclude a plaintiff from securing or recovering any other available remedy. V. This section shall not apply to any of the following: (a) An interactive computer service provider as defined in 47 U.S.C. section 230 for content provided by another party. (b) An individual who, within 90 days of an election at which a candidate for elective office will appear on the ballot, distributes a message created using artificial intelligence or generative AI that the individual did not know and had no reasonable way of knowing that the distributed material was a deepfake, as defined in paragraph I, of a candidate, election official, or party on the state or local ballot. (c) Any radio or television broadcasting station or network, newspaper, magazine, cable or satellite radio or television operator, programmer, or producer, Internet website or online platform, or other periodical that publishes, distributes or broadcasts a deepfake prohibited by paragraph II as part of a bona fide news report, newscast, news story, news documentary or similar undertaking in which the deepfake is a subject of the report and in which publication, distribution, or broadcast there is contained a clear acknowledgment that there are questions about the authenticity of the materials which are the subject of the report. (d) Any radio or television broadcasting station or network, newspaper, magazine, cable or satellite television operator, Internet website or online platform, or other periodical when such entity is paid to publish, distribute or broadcast an election communication including a deepfake prohibited by paragraph II, provided that the entity does not remove or modify any disclaimer provided by the creator or sponsor of the election communication. (e) A video, audio or any other media that constitutes satire or parody or the production of which is substantially dependent on the ability of one or more individuals to physically or verbally impersonate another person without reliance on artificial intelligence. VI. The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. Source. 2024, 345:1, eff. Aug. 1, 2024.

RSA 664:15 Approval of Candidate or Treasurer.

664:15. Approval of Candidate or 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 treasurer. Source. 1979, 436:1. 1994, 216:4, eff. July 24, 1994. 2024, 365:14, eff. Jan. 1, 2025.

RSA 664:16 Identification of Political Advertising; Rates.

664:16. Identification of Political Advertising; Rates. Political advertising printed in newspapers, periodicals, or billboards shall be marked at the beginning or at the end thereof "Political Advertising." No person or business organization publishing a newspaper or periodical, operating a radio or television station, or selling billboard space shall charge an advertising rate to any candidate, political committee, party, or cause that is different from that charged to any other candidate, political committee, party, or cause. Source. 1979, 436:1. 1982, 27:7. 1994, 216:5. 1996, 88:8, eff. July 14, 1996. 2024, 224:1, eff. Sept. 17, 2024.

RSA 664:16-a Identification Required.

664:16-a. Identification Required. I. Any person who engages in push-polling, as defined in RSA 664:2, XVII, shall, prior to asking any person contacted a question relating to a candidate: (a) Inform the person that the telephone call is a "paid political advertisement;" and (b) Identify the organization making the call and the organization paying for the call; and (c) Provide a valid, current, publicly-listed telephone number for the organization making the call; and (d) Identify that the telephone call is being made on behalf of, in support of, or in opposition to a particular candidate or candidates for public office and identify that candidate or candidates by name. II. Any person or entity who violates paragraph I shall be subject to penalty under RSA 664:21, IV and V. Source. 1998, 12:3. 2004, 50:2. 2014, 6:3, eff. April 23, 2014. 2021, 168:7, eff. Sept. 28, 2021.

RSA 664:17 Placement and Removal of Political Advertising.

664:17. Placement and Removal of Political Advertising. No political advertising shall be placed on or affixed to any public property including highway rights-of-way or private property without the owner's consent. All political advertising shall be removed by the candidate no later than the second Friday following the election unless the election is a primary and the advertising concerns a candidate who is a winner in the primary. Signs shall not be placed on or affixed to utility poles or highway signs. Political advertising may be placed within state-owned rights-of-way as long as the advertising does not obstruct the safe flow of traffic and the advertising is placed with the consent of the owner of the land over which the right-of-way passes. No person shall remove, deface, or knowingly destroy any political advertising which is placed on or affixed to public property or any private property except for removal by the owner of the property, persons authorized by the owner of the property, or a law enforcement officer removing improper advertising. Political advertising placed on or affixed to any public property may be removed by state, city, or town maintenance or law enforcement personnel. Political advertising removed prior to election day by state, city, or town maintenance or law enforcement personnel shall be kept until one week after the election at a place designated by the state, city, or town so that the candidate, or a member of the candidate's campaign or local political committee of the same party may retrieve the items. Source. 1979, 436:1. 1994, 4:28. 2006, 273:1. 2013, 24:1, eff. July 15, 2013. 2023, 41:1, eff. July 18, 2023.

RSA 664:17-a Advertising on Government and Law Enforcement Vehicles.

664:17-a. Advertising on Government and Law Enforcement Vehicles. No printed or written political advertising shall be attached to or displayed on any motor vehicle: I. Which is used by a police officer authorized to make arrests or serve process; or II. Which displays government license plates and is registered in the name of the state or of a political subdivision of the state. Source. 1983, 366:3, eff. Aug. 20, 1983.

RSA 664:18 Complaints.

664:18. Complaints. Any candidate or voter may make complaint in writing to the attorney general of any violation of any of the provisions of this chapter. I. Upon receipt of such complaint, the attorney general or his designee shall review the complaint, and where sufficient evidence of a violation is presented, conduct investigations to determine whether a violation of this chapter has occurred. II. Following an investigation and determination by the attorney general that a provision of this chapter has been violated, the attorney general is empowered to: (a) Issue an order requiring the violator to cease and desist from 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 a designee if sufficient cause for such prosecution is found. III. If, in the opinion of any person making complaint, the family, business or political connection of the attorney general's designee is such as to make it unlikely that he will act diligently and earnestly in any proceeding therefor, the person complaining may state such facts to the attorney general. IV. If the attorney general believes that his designee will be hampered by any existing facts or circumstances and in any manner prevented from vigorously proceeding against any respondent complained against for such violation, or that the service of more than one attorney in any proceeding would be in the interest of the state, he shall have authority to employ and assign additional attorneys, to conduct or assist in conducting such proceeding. Such attorneys shall be allowed reasonable compensation, to be approved by the governor and council and paid by the state out of funds not otherwise appropriated. Source. 1979, 436:1. 1991, 387:26. 2003, 151:7, eff. Jan. 1, 2004. 2024, 365:15, eff. Jan. 1, 2025.

RSA 664:19 Examination of Statements of Receipts and Expenditures.

664:19. Examination of Statements of Receipts and Expenditures. It shall be the duty of the attorney general to examine the returns of election receipts and expenditures which are made to the secretary of state and to compel such returns be made to comply with the law. Source. 1979, 436:1, eff. July 1, 1979.

RSA 664:20 Subpoena Power.

664:20. Subpoena Power. In the exercise of 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. Source. 1979, 436:1, eff. July 1, 1979. 2024, 365:16, eff. Jan. 1, 2025.

RSA 664:21 Penalty.

664:21. Penalty. I. Any fine assessed under the provision of this section shall be paid to the secretary of state for deposit into the general fund. II. Nothing in this section shall be construed to limit the enforcement powers of the attorney general under RSA 664:18. III. Any person who fails to file any report or statement 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 shall be subject to a daily fine of $5 under this paragraph. IV. A person liable under the provisions of this paragraph shall not also be subject to the penalties imposed under paragraph III. Any person who otherwise violates any provision of this chapter shall be guilty of a misdemeanor if a natural person or shall be guilty of a felony if any other person. V. (a) Whoever violates any of the provisions of RSA 664:16-a shall be subject to a civil penalty not to exceed $1,000. (b) Whoever violates, or orders, aids, or abets a violation of RSA 664:17, relative to removing, defacing, or destroying political advertising on private property, shall be subject to a civil penalty of $250 for each piece of political advertising removed, defaced, or destroyed, up to a maximum of $2,000. (c) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 664:16-a or RSA 664:17 the civil penalties under subparagraphs (a) and (b). (d) The attorney general shall notify suspected violators of RSA 664:16-a or RSA 664:17 of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action. VI. (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 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 in accordance with RSA 664:6, IV-a shall be subject to a fine up to 25 percent of the total amount of independent expenditures not reported or reported late. VII. Any person who willfully makes and subscribes to any statement filed under this chapter that he or she does not believe to be true and correct as to every material matter shall be guilty of false swearing under RSA 641:2. VIII. (a) Whoever violates any provision of RSA 664:14, or a provision of RSA 664:17 not related to removing, defacing, or destroying political advertising as provided for in paragraph V of this section, shall be subject to a civil penalty not to exceed $1,000. (b) The attorney general shall notify suspected violators of this section of the state's intention to seek a civil penalty, to negotiate, and to settle with such suspected violators within the civil penalty limits established in this section without court action. (c) Whoever is subject to a civil penalty under this paragraph shall also be subject to the payment of restitution for damages. IX. Any individual, political committee, or organization responsible for reporting under RSA 664:6 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. [Paragraph X effective January 1, 2027.] X. If a political committee, or any foreign national, as defined in 52 U.S.C. section 30121(b) and 11 C.F.R. section 110.20(a)(3), willfully violates RSA 664:4, VI or RSA 664:5, III, then the political committee or foreign national shall pay to the secretary of state the amount of such contribution or expenditure, plus interest accrued from the date of the contribution or expenditure, as applicable, at the current prime rate of interest as published in the Wall Street Journal on the date of payment. If funds of the political committee or foreign national are insufficient, the political committee or foreign national shall pay all of its available funds to the secretary of state, and the directors, officers, or members responsible for the financial decisions of the political committee or foreign national shall be jointly and severally liable for the amount due, in addition to any other penalties that may apply from this statute. [Paragraph X effective January 1, 2027.] Source. 1979, 436:1. 1989, 212:9. 1991, 387:27, 28. 1992, 267:2. 1994, 4:29. 2003, 266:7. 2004, 50:3. 2009, 144:226, 227. 2014, 279:11, eff. July 28, 2014. 2021, 168:8, eff. Sept. 28, 2021. 2022, 234:3, 4, eff. Jan. 1, 2023. 2024, 365:17, eff. Jan. 1, 2025. 2026, 314:5, eff. Jan. 1, 2027.

RSA 664:22 Notice to Candidates.

664:22. Notice to Candidates. The secretary of state shall give or send by mail a copy of this chapter to each person whose name will be printed on a state primary or general election ballot. Such notification shall be given or sent within 5 days of the close of the filing period. Source. 1979, 436:1. 1983, 426:12, eff. Aug. 23, 1983.

RSA 664:23 Severability.

664:23. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect any other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable. Source. 1991, 387:29, eff. July 2, 1991.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LXIII-664.htmFetched: 10/20/2026