SB311: relative to civil penalties for unlawful campaign practices.

CHAPTER 50

SB 311 – FINAL VERSION

03/17/04 0791s

2004 SESSION

04-3002

03/01

SENATE BILL 311

AN ACT relative to civil penalties for unlawful campaign practices.

SPONSORS: Sen. Estabrook, Dist 21; Sen. Below, Dist 5; Sen. Cohen, Dist 24; Sen. D’Allesandro, Dist 20; Sen. Foster, Dist 13; Sen. Gallus, Dist 1; Sen. Green, Dist 6; Sen. Larsen, Dist 15; Sen. Sapareto, Dist 19; Rep. Dickinson, Carr 4; Rep. Drisko, Hills 46

COMMITTEE: Internal Affairs

ANALYSIS

This bill authorizes civil penalties for violations of laws prohibiting distribution of campaign materials at a polling place, anonymous push-polling, improper removing, defacing, or destroying of political advertising, and impersonation of candidates.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/17/04 0791s

04-3002

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to civil penalties for unlawful campaign practices.

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

50:1 New Paragraph; Distributing Campaign Materials at Polling Place; Civil Penalty. Amend RSA 659:43 by inserting after paragraph III the following new paragraph:

IV.(a) Whoever violates any of the provisions of this section shall be subject to a civil penalty not to exceed $1,000.

(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 659:43 a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the election fund established pursuant to RSA 5:6-d.

(c) The attorney general shall have authority to 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 without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the election fund established pursuant to RSA 5:6-d.

50:2 Push-Polling; Identification Required; Penalty. Amend RSA 664:16-a, II to read as follows:

II. Any person or entity who violates paragraph I shall be subject to penalty under RSA 664:21, V and VI.

50:3 New Paragraph; Push-Polling and Improper Removal or Destruction of Political Advertising; Civil Penalty. Amend RSA 664:21 by inserting after paragraph V the following new paragraph:

VI.(a) Whoever violates any of the provisions of RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property shall be subject to a civil penalty not to exceed $1,000.

(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the election fund established pursuant to RSA 5:6-d.

(c) The attorney general shall have authority to notify suspected violators of RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property of the state’s intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the election fund established pursuant to RSA 5:6-d.

50:4 Impersonation of Candidates; Civil Penalty. Amend RSA 666:7-a to read as follows:

666:7-a Impersonation of Candidates.

I. Any person who places a telephone call during which the person falsely represents himself or herself as a candidate for office shall be guilty of a misdemeanor.

II.(a) Whoever violates paragraph I shall be subject to a civil penalty not to exceed $1,000.

(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of RSA 666:7-a a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the election fund established pursuant to RSA 5:6-d.

(c) The attorney general shall have authority to 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 without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the election fund established pursuant to RSA 5:6-d.

50:5 Effective Date. This act shall take effect June 1, 2004.

(Approved: May 3, 2004)

(Effective Date: June 1, 2004)