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RSA 664:14-a · Prerecorded Political Messages

Title
LXIII: ELECTIONS
Chapter
664 · POLITICAL EXPENDITURES AND CONTRIBUTIONS
Status
current
Official source linked
Yes
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664:14-a Prerecorded Political Messages. –

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I.

In this section, "prerecorded political message" means a prerecorded audio message delivered :

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(a)

By a candidate, or political committee, or any other person;

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(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.

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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:

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(a)

The name of the candidate, measure, or of any organization or organizations the person is calling on behalf of.

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(b)

The name of the person or organization paying for the delivery of the message and the name of the treasurer, if applicable.

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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.

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IV.

(a) A violation of this section shall result in a civil penalty of $5,000 per violation.

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(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.

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Source note

Source. 2003, 258:1, eff. Jan. 1, 2004. 2024, 365:13, eff. Jan. 1, 2025.

Source history

  • 2003, 258:1, eff. Jan. 1, 2004
  • 2024, 365:13, eff. Jan. 1, 2025

Related materials

Bill relationships

  • 2026 HB1031 amend

    ay for security measures. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Candidate and State Official Security. Amend RSA 664 by inserting after section 11 the following new section: 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 of

  • 2026 HB1838 reference

    he following moneys shall be deposited in the fund: (a) Voluntary donations made directly to the fund. (b) Unspent public contributions. (c) Fines assessed for violations of RSA 664 and RSA 664-A. (d) Interest generated by the fund. (e) All proceeds from the fee collected under RSA 261:141, III(ee). (f) Notwithstanding RSA 263:52, III(f), of the $65 vanity plate service fee and the fee for re

  • 2026 HB1838-FN reference

    he following moneys shall be deposited in the fund: (a) Voluntary donations made directly to the fund. (b) Unspent public contributions. (c) Fines assessed for violations of RSA 664 and RSA 664-A. (d) Interest generated by the fund. (e) All proceeds from the fee collected under RSA 261:141, III(ee). (f) Notwithstanding RSA 263:52, III(f), of the $65 vanity plate service fee and the fee for re

  • 2026 SB405 reference

    tatement 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

  • 2025 HB141 add

    s provided in RSA 664:4-c, for the purpose of determining compliance of donors with the contribution limits set forth in RSA 664:4, IV. 2 New Section; Political Contribution by Limited Liability Company. Amend RSA 664 by inserting after section 4-b the following new section: 664:4-c Contribution by Limited Liability Company. I. For the purpose of reporting contributions and determining whether a member of a limited liabilit