TITLE LXIII
ELECTIONS

CHAPTER 664
POLITICAL EXPENDITURES AND CONTRIBUTIONS

General Provisions

Section 664:2

    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 any person publicly declared as such and for whom votes are sought in an election.
    III. "Political committee'' means any organization of 2 or more persons to influence elections or measures, including the political committee of a political party as defined in paragraph V.
    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 of that year.
    VI. "Political advertising'' means any communication, including buttons or printed material attached to motor vehicles, which expressly or implicitly advocates the success or defeat of any party, measure or person at any election.
    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.
    VIII. "Contribution'' shall mean a payment, gift, subscription, assessment, contract, payment for services, dues advance, forbearance or loan to a candidate or political committee made for the purpose of influencing the nomination or election of any candidate. "Contributions'' shall include the use of any thing of value but shall not include the services of volunteers who receive no pay therefor or the use of personal resources by a candidate on behalf of his candidacy.
    IX. "Expenditure'' shall mean the disbursement of money or thing of value or the making of a legally binding commitment to make such a disbursement in the future for the purpose of influencing the nomination for election or election of any candidate. It does not include the candidate's filing fee or his expenses for personal travel and subsistence.
    X. "Measure'' shall mean any constitutional amendment or question which is submitted or intended to be submitted to a popular vote at an election.
    XI. "Independent expenditures'' means expenditures by a person, political committee, or other entity expressly advocating the election or defeat of a clearly identified candidate which are made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which are not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate. As used in this paragraph, "clearly identified'' means that the name of the candidate involved appears; a photograph or drawing of the candidate appears; or the identity of the candidate is apparent by unambiguous reference.
    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. "Post office address'' means an individual's principal place of residence and shall include a street and post office box, if any, city, state and zip code. "Post office address'' shall not mean:
       (a) An individual's business address.
       (b) An individual's vacation home address or rental property address when the home or rental property is owned, but not occupied by the contributor.
       (c) 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 derives his or her principal income 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 as defined in RSA 664:2, III, or the political committee of a political party, as defined in RSA 664:2, V.
    XVII. "Push-polling'' means:
       (a) Calling voters on behalf of, in support of, or in opposition to, any candidate for public office by telephone; and
       (b) Asking questions related to opposing candidates for public office which state, imply, or convey information about the candidates character, status, or political stance or record; and
       (c) Conducting such calling 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, or interest group.

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, eff. Aug. 17, 2007. 2009, 50:1, eff. July 21, 2009.