HB 263 - AS INTRODUCED
2021 SESSION
21-0217
11/10
HOUSE BILL 263
AN ACT relative to campaign finance reform.
SPONSORS: Rep. Sweeney, Rock. 8; Rep. Alexander Jr., Hills. 6; Rep. Berry, Hills. 44
COMMITTEE: Election Law
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ANALYSIS
This bill repeals voluntary expenditure limits, requires candidates to form candidate committees,
and modifies the maximum contribution amount a person may contribute to candidate committees
and political 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 263 - AS INTRODUCED
21-0217
11/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to campaign finance reform.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Nominations by Primary; Administrative Assessment. Amend the introductory paragraph of
2 RSA 655:19-c, I to read as follows:
3 I. Candidates for governor, United States senator, representative to Congress, executive
4 councilor, state senator, county officer, and state representative who file declarations of candidacy
5 shall pay the administrative assessment in paragraph I or file primary petitions as provided in
6 paragraph III. Candidates for governor, United States senator, representative to Congress,
7 executive councilor, state senator, county officer, and state representative who file declarations of
8 intent shall pay the administrative assessment in paragraph I and shall meet the requirements of
9 RSA 655:40 through 655:45 for nomination by nomination papers. [Neither the administrative
10 assessment which is paid nor the primary petitions which are filed under this section, nor the
11 nomination papers which must be submitted under RSA 655:41 and filed under RSA 655:43, shall be
12 waived or refunded for a candidate for any of the offices listed in this section who, pursuant to RSA
13 664:5-a, voluntarily accepts the expenditure limitation set forth in RSA 664:5-b.] At the time of
14 filing declarations of candidacy or declarations of intent, the administrative assessment shall be as
15 follows:
16 2 New Paragraph; Registration of Political Committees. Amend RSA 664:3 by inserting after
17 paragraph V the following new paragraph:
18 VI. All candidates for office shall form and register a candidate committee for purposes of
19 filing expenditure reports pursuant to RSA 664:6 and RSA 664:7.
20 3 Political Expenditures and Contributions; Prohibited Political Contributions. Amend RSA
21 664:4, V to read as follows:
22 V. By any person (1) if in excess of [$5,000] $3,500 in value to a candidate committee,
23 except for contributions made by a candidate in behalf of his own candidacy, [or if in excess of $1,000
24 in value by any person or by any political committee to a candidate or a political committee working
25 on behalf of a candidate who does not voluntarily agree to limit his campaign expenditures and those
26 expenditures made on his behalf as provided in RSA 664:5-a,] or in excess of $10,000 in value to a
27 political committee other than a political committee of a candidate, (2) if made anonymously
28 or under a name not that of the donor, (3) if made in the guise of a loan, (4) if any other manner
29 concealed, (5) if made without the knowledge and written consent of the candidate or his fiscal agent,
30 a political committee or its treasurer, or not to any one of the same.
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1 4 Political Expenditures and Contributions; Reporting by Candidate Committee. Amend RSA
2 664:7 to read as follows:
3 664:7 Reporting by [Candidates] Candidate Committee. Each candidate committee at the
4 primary or general election for governor, councilor, state senator, representative to general court, or
5 county officer[, who has expenditures exceeding $500,] shall file statements before and after an
6 election in like manner and detail as prescribed in RSA 664:6[, II, II-a, III, IV, and V, excepting,
7 however, the expenditures of political committees of the party to which the candidate belongs in
8 elections other than primaries].
9 5 Itemized Statements Filed by Facsimile Transmission. Amend RSA 664:9-a to read as follows:
10 664:9-a Itemized Statements Filed by Facsimile Transmission. The sworn itemized statements
11 required to be filed by a political committee [or a candidate] or on the candidate's behalf as required
12 by RSA 664:6, 664:7, and 664:7-b may be filed by means of a facsimile transmission; provided,
13 however, that a statement which is transmitted electronically or telephonically by a facsimile device
14 shall also be filed by a political committee [or a candidate] or on the candidate's behalf not later than
15 the last day of each filing period under RSA 664:6, 664:7, and 664:7-b if a facsimile transmission is
16 used.
17 6 Reports of Receipts and Expenditures Filed Electronically. Amend RSA 664:9-b to read as
18 follows:
19 664:9-b Reports of Receipts and Expenditures Filed Electronically. A political committee of a
20 candidate [or a candidate] may electronically report receipts and expenditures, as required by RSA
21 664:6, 664:7, and 664:7-b, by uploading the report to the secretary of state's website. The report
22 shall be publicly available on the website on or before the date that an itemized statement of receipts
23 and expenditures is due. The committee [or candidate] may publicly release receipt and expenditure
24 information under this section more frequently than is required by RSA 664:6, 664:7, and 664:7-b
25 provided the receipt and expenditure report is up to date when due.
26 7 Political Expenditures and Contributions; Identification Required. Amend RSA 664:16-a, II to
27 read as follows:
28 II. Any person or entity who violates paragraph I shall be subject to penalty under RSA
29 664:21, [V and VI] IV and V.
30 8 Political Expenditures and Contributions; Penalty. Amend RSA 664:21 to read as follows:
31 664:21 Penalty.
32 [I. Any candidate who voluntarily agrees to limit campaign expenditures as provided in RSA
33 664:5-a, and who exceeds the total political expenditure limitation as provided in RSA 664:5-a and 5-
34 b in running for any office in either a state primary or state general election, or both, shall be subject
35 to a fine schedule which is based on the percentage by which the candidate exceeds permitted
36 campaign expenditures, so that the candidate shall pay a percentage of the excess campaign
37 expenditures as follows:
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1 (a) Candidates for United States Senate and governor:
2 under $1,000-one percent
3 $1,000-$5,000-10 percent
4 $5,000-$10,000-25 percent
5 $10,000-$50,000-50 percent
6 over $50,000-100 percent
7 (b) Candidates for representative to Congress:
8 under $1,000-one percent
9 $1,000-$5,000-10 percent
10 $5,000-$10,000-25 percent
11 $10,000-$25,000-50 percent
12 over $25,000-100 percent
13 (c) Candidates for executive council and county officers:
14 under $500-one percent
15 $500-$1,000-10 percent
16 $1,000-$5,000-25 percent
17 $5,000-$10,000-50 percent
18 over $10,000-100 percent
19 (d) Candidates for state senate:
20 under $100-one percent
21 $100-$500-10 percent
22 $500-$1,000-25 percent
23 $1,000-$5,000-50 percent
24 over $5,000-100 percent
25 (e) Candidates for the general court:
26 under $100-one percent
27 $100-$250-10 percent
28 $250-$500-25 percent
29 $500-$1,000-50 percent
30 over $1,000-100 percent
31 II.] I. Any fine assessed under the provision of this section shall be paid to the secretary of
32 state for deposit into the general fund.
33 [III.] II. Nothing in this section shall be construed to limit the enforcement powers of the
34 attorney general under RSA 664:18.
35 [IV. In addition to the fines levied under paragraph I,] III. Any person who fails to file any
36 report or statement on the date on which the report or statement is due under this chapter shall be
37 subject to a daily fine of $25 for every weekday for which the report or statement is late and until the
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1 report or statement is actually filed, except that candidates for the general court shall be subject to a
2 daily fine of $5 under this paragraph.
3 [V. The provisions of this paragraph shall apply to violations of this chapter other than the
4 violation of RSA 664:5-a and 5-b, and] IV. A person liable under the provisions of this paragraph
5 shall not also be subject to the penalties imposed under [paragraphs I, II and IV] paragraph III.
6 Any person who otherwise violates any provision of this chapter shall be guilty of a misdemeanor if a
7 natural person or shall be guilty of a felony if any other person.
8 [VI.] V.(a) Whoever violates any of the provisions of RSA 664:16-a or the provisions of RSA
9 664:17 relative to removing, defacing, or destroying political advertising on private property shall be
10 subject to a civil penalty not to exceed $1,000.
11 (b) The court, upon petition of the attorney general, may levy upon any person who
12 violates the provisions of RSA 664:16-a or the provisions of RSA 664:17 relative to removing,
13 defacing, or destroying political advertising on private property a civil penalty in an amount not to
14 exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the
15 secretary of state for deposit into the general fund.
16 (c) The attorney general shall have authority to notify suspected violators of RSA
17 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political
18 advertising on private property of the state's intention to seek a civil penalty, to negotiate, and to
19 settle with such suspected violators without court action, provided any civil penalty paid as
20 settlement shall be paid to the secretary of state for deposit into the general fund.
21 [VII.] VI.(a) A political committee other than a political committee of a candidate that fails
22 to register in accordance with RSA 664:3 shall be subject to a fine up to 25 percent of the total
23 amount of independent expenditures made during the period from the date the political committee
24 was required to register to the date the political committee registered.
25 (b) A political committee that fails to report independent expenditures in accordance
26 with RSA 664:6, IV-a shall be subject to a fine up to 25 percent of the total amount of independent
27 expenditures not reported or reported late.
28 [VIII.] VII. Any person who willfully makes and subscribes to any statement filed under this
29 chapter that he or she does not believe to be true and correct as to every material matter shall be
30 guilty of false swearing under RSA 641:2.
31 9 Repeal. RSA 664:5-a and 664:5-b, relative to voluntary political expenditure limitations, are
32 repealed.
33 10 Effective Date. This act shall take effect January 1, 2022.


Statutes affected:
Introduced: 664:3, 664:4, 664:7, 664:9-a, 664:9-b, 664:16-a, 664:21, 664:5-a
latest version: 664:3, 664:4, 664:6, 664:7, 664:16-a, 664:21, 664:5-a