HB767: relative to political advertising not authorized by the candidate.

CHAPTER 72

HB 767-FN – FINAL VERSION

15Jan2004… 1897h

2004 SESSION

03-0421

03/09

HOUSE BILL 767-FN

AN ACT relative to political advertising not authorized by the candidate.

SPONSORS: Rep. Dickinson, Carr 4; Rep. Langley, Rock 88; Rep. Phinizy, Sull 23; Rep. Babson, Carr 6; Rep. Lasky, Hills 65; Sen. Johnson, Dist 2; Sen. Estabrook, Dist 21; Sen. Sapareto, Dist 19

COMMITTEE: Election Law

AMENDED ANALYSIS

This bill expands the definition of “communication” for purposes of political advertising to include Internet, telephone, and facsimile, and requires a disclaimer for advertising that is not political advertising, but which mentions or depicts a candidate.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Jan2004… 1897h

03-0421

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to political advertising not authorized by the candidate.

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

72:1 Political Expenditures and Contributions; Definitions; Communication. Amend RSA 664:2, VII to read as follows:

VII. “Communication” shall include, but not be limited to, publication in any newspaper or other periodical or on any Internet site, broadcasting on radio, television, or over any public address system, transmission by telephone or facsimile, placement on any billboards, outdoor facilities, window displays, posters, cards, pamphlets, leaflets, flyers, or other circulars, or in any direct mailing.

72:2 Political Advertising; Signature; Political Committees. Amend RSA 664:14, VI to read as follows:

VI. 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 [broadcast on television] 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.

72:3 New Paragraph; Advertising Which is Not Political Advertising. Amend RSA 664:14 by inserting after paragraph VI the following new paragraph:

VII. Any advertising which is not political advertising because it does not advocate the success or defeat of a party, measure, or person, 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.”

72:4 Effective Date. This act shall take effect upon its passage.

(Approved: May 7, 2004)

(Effective Date: May 7, 2004)