BREAKING! HassanSullivanSpeech (Anti-"Citizen United Free Speech")- voting on it tomorrow here in NH - Granite Grok

BREAKING! HassanSullivanSpeech (Anti-“Citizen United Free Speech”)- voting on it tomorrow here in NH

Just got this from a tipster.  It seems that there is a movement afoot among the Left here in NH (the meeting with NH HOUSE and SENATE members had  NO recognizable Republicans present, according to the tipster).  Neither were there any Right leaning advocacy groups present either.

Rumor is, the vote is tomorrow – can you say "LLC Tax" all over again???  And Kathy Sullivan, the former NH Democrat Party Chair is the one that wrote the amendment to HB 1459.

The markup is after the jump – just be warned that it may screw up your browser as I am just putting the whole thing out there and will fix it after work.

In the mean time, my quick take is that this is NOT just a DNC "do this order" to Kathy Sullivan (as a lot of other states Dems have been commanded to do similarly) to do for Free Speech at the State LEVEL what they are decrying Arizona is doing at the State LEVEL for illegal immigration (how’s THAT for consistency) but:

The Dems are making a run to go after political donors

Just like the Gay Activists did in the courts case to overthrow Prop 8 – they went after the donors there.

This is NOT about Free Speech – this is all about SUPPRESSING Free Speech!!!! THIS IS CHILLING Free Speech!!

Take a read – see ANYONE think that there is any Right Leaning person on this distribution list?

From: Kathy Sullivan <KSullivan@wadleighlaw.com>
Date: Tue, 25 May 2010 14:32:12 -0500

Subject: here you go

I am a little later than I hoped.

1. I have added a provision calling for disclosure of the names of anyone who contributes $10,000 to a for profit entity to use for paying for advertising, to address the concern that someone may start a copropration and fund it, and then it will do the communciation

2. explicity states that political advertising shall be subject to rsa 664

3. exclude newsletters that are not sent out to the general public or on the basis of voter status such as registration or party affiliation or voting residence

4. excludes functions honoring someone who happens to be a candidate and who is honored and the invtiations to the events
I have not figured out what to do about anonynous donors;  will thinkk further, but that may not be solveable. I would just ask you to remember that the situations not subject to exemption now, especally the $10,000  threshhold, the exemption for newsletters, and all the rest, would make that a very, very unusual circumstance – I think. I did take out the requirement for addresses.
 
 
*************************************
Kathleen N. Sullivan, Esquire
Wadleigh, Starr & Peters, PLLC
95 Market Street
Manchester, New Hampshire 03101
Main Tel: 603-669-4140
Direct Tel: 603-206-7272
Fax: 603-669-6018
E-mail: ksullivan@wadleighlaw.com
Web: www.wadleighlaw.com <http://www.wadleighlaw.com/>   

So, what is Kathy Sullivan, a Major Democrat attack dog, doing writing legislation?  Did the Dems, like in DC, outsource their responsibility to do the Peoples’ Work too?

 

48 New Subdivision:

Shareholder Approval for Political and Advocacy Advertising

Amend RSA 293-A by inserting after Section 7.47 the following new subdivision:

293-A:7.48 Political Advertising and Advocacy Advertising. In this subdivision:

(a) “Advocacy advertising” shall mean any communication during an election cycle that clearly identifies by name, image or voice of, any candidate for elective office.

(b) “Candidate” means any person who has filed a declaration of candidacy pursuant to RSA 655.

(c) “Commencement of political advertising and/or advocacy advertising” means the first dissemination during an election cycle by an organization of a communication containing a political advertisement or advocacy advertisement by any means whatsoever.

(d) “Communication” means “communication” as defined in RSA 664:2, VII. For purposes of this Chapter, “Communication” shall exclude:

(1) Any direct contact by a corporation or an officer, shareholder, employee, registered lobbyist, or other authorized agent of a corporation to an elected official or candidate, or any public official acting in the public official’s official capacity, including, but not limited to, contact by telephone, letter, or email;

(2) Public testimony before a legislative committee or subcommittee, or before any entity subject to RSA 91-A, the right-to-know law, or a written document filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;

(3) Communication made in a speech or other public forum;

(4) Free communication by a corporation, including but not limited to letters to the editor, opinion columns, press releases, any internet communication (including e-mails and websites) except internet content placed for a fee on a website not owned by the corporation, or other forums available to the public at large at no charge;

(5) Communications by a corporation during an election cycle which, excluding salaries and benefits paid employees of the corporation, costs less than $10,000.00 in the aggregate;

(6) Any direct communication by a corporation made only to shareholders and/or current or former employees of the corporation, and/or their family members by direct mail, e mail, telephone, or an internet site maintained by a corporation in the ordinary course of business;

(7) Print or electronic newsletters sent in the regular course of business to shareholders and/or current or former employees of the corporation, and/or their family members, or otherwise not distributed to the public at large or on the basis of voter status, such as, by way of example, registration, party affiliation or place of residence for voting purpose; and

(8) Holding events at which an individual who is a candidate is honored (so long as the invitations for such an event are not distributed to the general public), the distribution of printed material at such an event, and the printing and distribution of invitations for such an event.

(e) “Election Cycle” shall mean that period commencing 60 days prior to the holding of a primary and ending at midnight of the day of the next general election.

(f) “Political advertising” means “political advertising” as defined in RSA 664:2, VI; all political advertising subject to this chapter shall conform to the requirements of RSA 664.

293-A:7.49 Identification and Filing with New Hampshire Secretary of State. All political advertising and/or advocacy advertising shall indicate the name of the corporation and the president or chief executive officer shall sign his or her name and address. The signature and identification shall comply with the requirements of RSA 664:14, III and IV. No later than three business days after commencing any political advertising or advocacy advertising (except, if such advertising commences within four days before the day of an election, then no later than one business day after such commencement), any corporation, domestic or foreign, engaging in political advertising or advocacy advertising in the state of New Hampshire, shall file a statement with the New Hampshire secretary of state, corporate division, that the corporation is engaging in either political advertising or advocacy advertising. The corporation shall attach to the statement a vote of the shareholders of the corporation, certified as true and complete by the secretary of the corporation, authorizing the corporation to engage in political advertising or advocacy advertising in the state of New Hampshire. The shareholders’ vote shall be dated no more than 12 months prior to the date of filing with the secretary of state. The corporation shall also attach to the statement a vote of the board of directors of the corporation, certified as true and complete by the secretary of the corporation, authorizing the president of the corporation to expend corporate funds or other corporate assets for the purpose of paying for political advertising and/or advocacy advertising in the state of New Hampshire. The vote of the board of directors shall specify the maximum amount of corporate funds or other assets that the president of the corporation is authorized to expend in paying for political advertising or advocacy advertising. In the event any corporation accepts a contribution of at least $10,000 from any natural or other person, in the aggregate, in the 180 days preceding the commencement of political advertising or advocacy advertising, and that contribution is intended for the purpose of paying for political advertising or advocacy advertising in New Hampshire, the statement also shall attach a list of the names of such contributors and the amount contributed. A contribution is any payment, gift, donation, loan, advance, or a combination thereof, in the amount of at least $10,000 in the aggregate, which is made for the purpose of paying the corporation to engage in political advertising or advocacy advertising in New Hampshire, but does not include investment, commercial income, or income derived from the direct sale of advertising, printing, or mailing services in the regular course of business Only one statement needs to be filed in each election cycle unless there is an increase in the authorized maximum amount, in which event a revised statement with a vote of the board of directors of the corporation authorizing the increase shall be filed with the Secretary of State, Corporate Division. The statement shall be in substance the following form:

______________________, of
__________________________, ______________ County, State of ____________________, intends to engage in [check the appropriate box or boxes]:

? Political Advertising

? Advocacy Advertising

in the state of New Hampshire. Attached hereto is a true and complete copy of a shareholder vote of the corporation authorizing the corporation to engage in political advertising or advocacy advertising, and a true and complete copy of a vote of the board of directors of the corporation authorizing the president of the corporation to expend corporate funds or other assets for political advertising or advocacy advertising.

____________________________________

[Duly Authorized Secretary of __________]

293-A:7.50 Filing Fee. Any statement filed in accordance with RSA 293-A:7.49 shall be accompanied by a $25 filing fee.

293-A:7.51 Penalties. A violation of RSA 293-A:7.49 shall result in a civil penalty of up to $1,000 per violation. In the event the violation consists of the airing or broadcasting of a paid advertisement, and the court finds that the violation was willful, the court may consider each individual airing or broadcasting on radio or television a separate violation. Any candidate or voter may make a complaint in writing to the attorney general of any violation of this subdivision. If the attorney general determines that a provision of this subdivision has been violated, he or she may:

(a) Issue an order requiring the violator to cease and desist from its violation.

(b) If the attorney general’s order is not obeyed, petition to the Merrimack County Superior Court for an order of enforcement, and to enjoin any further political advertising or advocacy advertising until the appropriate statement has been filed.

(c) Prosecute to final judgment through his or her designee if sufficient cause for such prosecution is found.

293-A:7.52 Private Right of Action. Any candidate or opposing candidate of a candidate who is referred to in advocacy advertising or political advertising, may have a private right of action to enforce the provisions of this subdivision by filing a petition with the Merrimack County superior court requesting an injunction to enjoin further political advertising or advocacy advertising until the required statements have been filed with the secretary of state, corporate division, and the appropriate filing fee has been paid. Upon a finding by the superior court that the required statements have not been filed, and the ordering of injunctive relief, the complaining candidate shall be entitled to attorney’s fees and costs. Upon a finding by the Superior Court that the complaint by the candidate was frivolous, or not filed in good faith, the corporation shall be entitled to its attorney’s fees and costs.

49 New Subdivision; Approval for Political and Advocacy Advertising. Amend RSA 304-C by inserting after section 85 the following new subdivision:

Political Advertising and Advocacy Advertising

304-C:86 Political Advertising and Advocacy Advertising. In this subdivision:

I. “Advocacy advertising” means any communication during an election cycle that clearly identifies by name, image, or voice of, any candidate for elective office.

II. “Candidate” means any person who has filed a declaration of candidacy pursuant to RSA 655.

III. “Commencement of political advertising and/or advocacy advertising” means the first dissemination during an election cycle by an organization of a communication containing political advertisement or advocacy advertisement by any means whatsoever.

IV. “Communication” means “communication” as defined in RSA 664:2, VII. For purposes of this Chapter, “Communication” shall exclude:

(a) Any direct contact by a limited liability company or an officer, manager, member, employee, registered lobbyist, or other authorized agent of a limited liability company to an elected official or candidate, or any public official acting in the public official’s official capacity, including, but not limited to, contact by telephone, letter, or email;

(b) Public testimony before a legislative committee or subcommittee, or before any entity subject to RSA 91-A, the right-to-know law, or a written document filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;

(c) Communication made in a speech or other public forum;

(d) Free communication by a limited liability company, including but not limited to letters to the editor, opinion columns, press releases, any internet communication (including e-mails and websites), except internet content placed for a fee on a website not owned by the limited liability company, or other forums generally available to the public at large at no charge;

(e) Communications by a limited liability company during an election cycle which, excluding salaries and benefits paid employees of the limited liability company, costs less than $10,000.00 in the aggregate;

(f) Any direct communication by a limited liability company made only to its members and/or current or former employees of the limited liability company, and/or their family members, by direct mail, e mail, telephone, or an internet site maintained by a limited liability company in the ordinary course of business;

(g) Print or electronic newsletters sent in the regular course of business to members and/or current or former employees of the limited liability company, and/or their family members, or otherwise not distributed to the public at large or on the basis of voter status such as, by way of example, registration, party affiliation or place of residence for voting purpose; and

(h) Holding events at which an individual who is a candidate is honored (so long as the invitations for such an event are not distributed to the general public), the distribution of printed materials at such an event, and the printing and distribution of invitations for such an event.

V. “Election Cycle” shall mean that period commencing 60 days prior to the holding of a primary and ending at midnight of the day of the next gene
ral election.

VI. “Political advertising” means “political advertising” as defined in RSA 664:2, VI; all political advertising subject to this Chapter shall conform to the requirements of RSA 664.

304-C:87 Identification and Filing with New Hampshire Secretary of State. All political advertising and/or advocacy advertising shall indicate the name of the limited liability company and the manager or a member shall sign his or her name and address. If the manager or member is not a natural person, then a natural person who has an ownership interest in a manager or member shall sign his or her name and address. The signature and identification shall comply with the requirements of RSA 664:14, III and IV. No later than three business days after commencing any political advertising or advocacy advertising (except, if such advertising commences within four days before the day of an election, then no later than one business day after such commencement), any limited liability company, domestic or foreign, engaging in political advertising or advocacy advertising in the state of New Hampshire, shall file a statement with the New Hampshire secretary of state, corporate division, that the limited liability company is engaging in either political advertising or advocacy advertising. The limited liability company shall attach to the statement a vote of the members of the limited liability company, certified as true and complete by the manager of the limited liability company, or, if member managed, by a member of the limited liability company, authorizing the limited liability company to engage in political advertising or advocacy advertising in the state of New Hampshire. The vote shall also authorize the manager or managers of the limited liability company to expend company funds or other company assets for the purpose of paying for political advertising and/or advocacy advertising in the state of New Hampshire and shall specify the maximum amount of company funds or other assets that the manager or managers are authorized to expend in paying for political advertising or advocacy advertising. In the event any limited liability company accepts a contribution of at least $10,000 from any natural or other person, in the aggregate, in the 180 days preceding the commencement of political advertising or advocacy advertising, and that contribution is intended for the purpose of paying for political advertising or advocacy advertising in New Hampshire, the statement also shall attach a list of the names of such contributors and the amount contributed. A contribution is any payment, gift, donation, loan, advance, or a combination thereof, in the amount of at least $10,000 in the aggregate, which is made for the purpose of paying the limited liability company to engage in political advertising or advocacy advertising in New Hampshire, but does not include investment or commercial income, or income derived from the direct sale of advertising, printing or mail services in the ordinary course of business. Only one statement needs to be filed in each election cycle, unless there is an increase in the authorized maximum amount, in which event a revised statement with a vote of the members authorizing the increase shall be filed with the Secretary of State, Corporate Division. The member vote shall be dated no more than 12 months prior to the date of filing with the secretary of state. The statement shall be in substance the following form:

______________________, of __________________________, ______________ County, State of ____________________, intends to engage in [check the appropriate box or boxes]:

? Political Advertising

? Advocacy Advertising

in the state of New Hampshire. Attached hereto is a true and complete copy of a member vote of the limited liability company authorizing the limited liability company to engage in political advertising or advocacy advertising, and authorizing the manager of the limited liability company to expend company funds or other assets for political advertising or advocacy advertising.

____________________________________

[Duly Authorized Secretary of __________]

304-C:88 Filing Fee. Any statement filed in accordance with RSA 304-C:87 shall be accompanied by a $25 filing fee.

304-C:89 Penalties. A violation of this subdivision shall result in a civil penalty of up to $1,000 per violation. In the event the violation consists of the airing or broadcasting of a paid advertisement, and the court finds that the violation was willful, the court may consider each individual airing or broadcasting on radio or television a separate violation. Any candidate or voter may make a complaint in writing to the attorney general of any violation of this subdivision. If the attorney general determines that a provision of this subdivision has been violated, he or she may:

I. Issue an order requiring the violator to cease and desist from its violation.

II. If the attorney general’s order is not obeyed, petition to the Merrimack County Superior Court for an order of enforcement, and to enjoin any further political advertising or advocacy advertising until the appropriate statement has been filed.

III. Prosecute to final judgment through his or her designee if sufficient cause for such prosecution is found.

304-C:90 Private Right of Action. Any candidate or opposing candidate of a candidate who is referred to in advocacy advertising or political advertising, may have a private right of action to enforce the provisions of this subdivision by filing a petition with the Merrimack county superior court requesting an injunction to enjoin further political advertising or advocacy advertising until the required statements have been filed with the secretary of state and the appropriate filing fee has been paid. Upon a finding by the superior court that the required statements have not been filed, and the ordering of any enforcement or injunctive relief, the complaining candidate shall be entitled to attorney’s fees and costs. Upon a finding by the Superior Court that the complaint by the candidate was frivolous or not filed in good faith, the limited liability company shall be entitled to its attorney’s fees and costs.

50 Political Advertising and Advocacy Advertising. Amend RSA 304-B by inserting after section 64 the following new subdivision:

Political Advertising and Advocacy Advertising

304-B:65 Political Advertising And Advocacy Advertising. As used in this subdivision:

I. “Advocacy advertising” shall mean any communication during an election cycle that clearly identifies by name, image, or voice of, or a candidate for elective office.

II. “Candidate” means any person who has filed a declarat
ion of candidacy, pursuant to RSA 655.

III. “Commencement of political advertising and/or advocacy advertising” shall mean the first dissemination during an election cycle by an organization of a communication containing political advertisement or advocacy advertisement by any means whatsoever.

IV. “Communication” means “communication” as defined in RSA 664:2, VII. For purposes of this Chapter, “Communication” shall exclude:

(a) Any direct contact by a limited partnership or a partner, employee, officer, registered lobbyist, or other authorized agent of a limited partnership to an elected official or candidate, or any public official acting in the public official’s official capacity, including, but not limited to, contact by telephone, letter, or email;

(b) Public testimony before a legislative committee or subcommittee, or before any entity subject to RSA 91-A, the right-to-know law, or a written document filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;

(c) Communication made in a speech or other public forum;

(d) Communication by a limited partnership during an election cycle which, excluding salaries and benefits paid employees of the limited partnership, costs less than $10,000.00 in the aggregate;

(e) Free communication by a limited partnership, including but not limited to letters to the editor, opinion columns, press releases, any internet communication (including e-mails and websites), except internet content placed for a fee on a website not owned by the limited partnership, or other forums generally available to the public at large at no charge; and

(f) Any direct communication by a limited partnership made only to its partners and/or current or former employees of the limited partnership, and/or their family members by direct mail, e mail, telephone, or an internet site maintained by a limited partnership in the ordinary course of business;

(g) Print or electronic newsletters sent in the regular course of business to members and/or current or former employees of the limited partnership, and/or their family members, or otherwise not distributed to the public at large or on the basis of voter status such as, by way of example, registration, party affiliation or place of residence for voting purpose; and

(h) Holding events at which an individual who is a candidate is honored (so long as the invitations for such an event are not distributed to the general public), the distribution of printed materials at such an event, and the printing and distribution of invitations for such an event.

V. “Election Cycle” shall mean that period commencing 60 days prior to the holding of a primary and ending at midnight of the day of the next general election.

VI. “Political advertising” means “political advertising” as defined in RSA 664:2, VI; all political advertising subject to this Chapter shall conform to the requirements of RSA 664..

304-B:66 Identification and Filing with New Hampshire Secretary of State. All political advertising and/or advocacy advertising shall indicate the name of the limited partnership and a general partner shall sign his or her name and address. If the general partner is not a natural person, then a natural person who has an ownership interest in a general partner shall sign his or her name and address. The signature and identification shall comply with the requirements of RSA 664:14, III and IV. No later than three business days after commencing any political advertising or advocacy advertising (except, if such advertising commences within four days before the day of an election, then no later than one business day after such commencement), any limited partnership, domestic or foreign, engaging in political advertising or advocacy advertising in the state of New Hampshire, shall file a statement with the New Hampshire secretary of state, corporate division, that the limited partnership is engaging in either political advertising or advocacy advertising. The limited partnership shall attach to the statement a vote of the limited and general partners of the limited partnership, certified as true and complete by one of the general partners of the limited partnership, authorizing the limited partnership to engage in political advertising or advocacy advertising in the state of New Hampshire. The limited partnership vote shall be dated no more than 12 months prior to the date of filing with the secretary of state. The vote also shall authorize the general partner or general partners of the limited partnership to expend partnership funds or other partnership assets for the purpose of paying for political advertising and/or advocacy advertising in the state of New Hampshire. The vote shall also specify the maximum amount of partnership funds or other assets that the general partner or general partners are authorized to expend in paying for political advertising or advocacy advertising. In the event any limited partnership accepts a contribution of at least $10,000 from natural or other person, in the aggregate, in the 180 days preceding the commencement of political advertising or advocacy advertising, and that contribution is intended for the purpose of paying for political advertising or advocacy advertising in New Hampshire, the statement also shall attach a list of the names of such contributors and the amount contributed. A contribution is any payment, gift, donation, loan, advance, or a combination thereof, in the amount of at least $10,000 in the aggregate, which is made for the purpose of paying the limited partnership to engage in political advertising or advocacy advertising in New Hampshire, but does not include investment or commercial income, or income derived from the direct sale of advertising, printing or mail services in the ordinary course of business. Only one statement needs to be filed in each election cycle, unless there is an increase in the authorized maximum amount, in which event a revised statement with a vote of the members authorizing the increase shall be filed with the Secretary of State, Corporate Division. The statement shall be in substance the following form:

______________________, of __________________________, ______________ County, State of ____________________, intends to engage in [check the appropriate box or boxes]:

? Political Advertising

? Advocacy Advertising

in the state of New Hampshire. Attached hereto is a true and complete copy of a partnership vote of the limited partnership authorizing the limited partnership to engage in political advertising or advocacy advertising, and a true and complete copy of a vote of the limited and general partners of the limited partnership authorizi
ng the general partner or general partners of the limited partnership to expend partnership funds or other assets for political advertising or advocacy advertising.

____________________________________

[Duly Authorized Secretary of __________]

304-B:67 Filing Fee. Any statement filed in accordance with RSA 304-B:66 shall be accompanied by a $25 filing fee.

304-B:68 Penalties. A violation of this subdivision shall result in a civil penalty of up to $1,000 per violation. In the event the violation consists of the airing or broadcasting of a paid advertisement, and the court finds that the violation was willful, the court may consider each individual airing or broadcasting on radio or television a separate violation. Any candidate or voter may make a complaint in writing to the attorney general of any violation of this subdivision. If the attorney general determines that a provision of this subdivision has been violated, he or she may:

I. Issue an order requiring the violator to cease and desist from its violation.

II. If the attorney general’s order is not obeyed, petition to the Merrimack County Superior Court of the county in which the violation occurred for an order of enforcement, and to enjoin any further political advertising or advocacy advertising until the appropriate statement has been filed.

III. Prosecute to final judgment through his or her designee if sufficient cause for such prosecution is found.

304-B:69 Private Right of Action. Any candidate or opposing candidate of a candidate who is referred to in advocacy advertising or political advertising, may have a private right of action to enforce the provisions of this subdivision by filing a petition with the Merrimack county superior court requesting an injunction to enjoin further political advertising or advocacy advertising until the required statements have been filed with the secretary of state, corporate division, and the appropriate filing fee has been paid. Upon a finding by the superior court that the required statements have not been filed, and the ordering of any enforcement or injunctive relief, the complaining candidate shall be entitled to attorney’s fees and costs. Upon a finding by the Superior Court that the complaint by the candidate was frivolous or not filed in good faith, the limited partnership shall be entitled to attorney’s fees and costs.

51 Severability. If any provision of this act or the application thereof to any person or circumstances held invalid, the invalidity does not affect any other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.

52 New Subdivision; Approval for Political and Advocacy Advertising. Amend RSA 292 by inserting after section 31 the following new subdivision:

Disclosure of Sources of Funding for Political and Advocacy Advertising

292:32 Political Advertising and Advocacy Advertising. In this subdivision:

I. “Advocacy advertising” shall mean any communication during an election cycle that clearly identifies by name, image, or voice of, a candidate for elective office.

II. “Candidate” means any person who has filed a declaration of candidacy pursuant to RSA 655.

III. “Commencement of political advertising and/or advocacy advertising” means the first dissemination during an election cycle by an organization of a communication containing political advertisement or advocacy advertisement by any means whatsoever.

IV. “Communication” means “communication” as defined in RSA 664:2, VII. For purposes of this Chapter, “Communication” shall exclude:

(a) Any direct contact by an organization or an officer, shareholder, employee, registered lobbyist, or other authorized agent of an organization to an elected official or candidate, or any public official acting in the public official’s official capacity, including, but not limited to, contact by telephone, letter, or email;

(b) Public testimony before a legislative committee or subcommittee, or before any entity subject to RSA 91-A, the right-to-know law, or a written document filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding;

(c) Communication made in a speech or other public forum;

(d) Political advertising and/or advocacy advertising by an organization during an election cycle which, excluding salaries and benefits paid to employees of the organization, costs less than $10,000.00 in the aggregate;

(e) Free communication by an organization, including but not limited to letters to the editor, opinion columns, press releases, any internet communication (including e-mails and websites), except internet content placed for a fee on a website not owned by the organization, or other forums generally available to the public at large at no charge;

(f) Any direct communication by an organization made only to its members and/or current or former employees of the organization and/or their family members by direct mail, e mail, telephone, or an internet site maintained by an organization in the ordinary course of business;

(g) Print or electronic newsletters sent in the regular course of business to members and/or current or former employees of the organization, and/or their family members, or otherwise not distributed to the public at large or on the basis of voter status such as, by way of example, registration, party affiliation or place of residence for voting purpose; and

(h) Holding events at which an individual who is a candidate is honored (so long as the invitations for such an event are not distributed to the general public), the distribution of printed materials at such an event, and the printing and distribution of invitations for such an event.

V. “Election Cycle” shall mean that period commencing 60 days prior to the holding of a primary and ending at midnight of the day of the next general election.

VI. “Political advertising” means “political advertising” as defined in RSA 664:
2, VI; all political advertising subject to this Chapter shall conform to the requirements of RSA 664.

292:33 Identification and Filing with New Hampshire Secretary of State. All political advertising and/or advocacy advertising by an organization shall indicate the name of the organization and the president or chief executive officer shall sign his or her name and address. The signature and identification shall comply with the requirements of RSA 664:14, III and IV. No later than three business days after commencing any political advertising or advocacy advertising (except, if such advertising commences within four days before the day of an election, then no later than one business day after such commencement), any organization, domestic or foreign engaging in political advertising or advocacy advertising, or that claims exemption from federal taxation under section 501 or any other section of the Internal Revenue Code, and any amendments thereto, excluding any political committee registered with the secretary of state pursuant to RSA 664, shall file a statement with the New Hampshire secretary of state, corporate division, that the organization is engaging in political advertising and/or advocacy advertising. The organization shall attach to the statement a vote of the board of directors or board of trustees of the organization, as applicable, certified as true and complete by the secretary of the organization, authorizing:

(a) The organization to engage in political advertising and/or advocacy advertising in the state of New Hampshire;

(b) The president or the executive director of the organization to expend the organization’s funds or other assets on political advertising and/or advocacy advertising; and

(c) The maximum amount of the organization’s funds or other assets that may be expended in political advertising and/or advocacy advertising in the state of New Hampshire.

Only one statement needs to be filed in each election cycle, unless there is an increase in the maximum authorized amount of the organization’s funds or other assets that may be expended in political advertising or advocacy advertising in New Hampshire, in which event a revised statement shall be filed with the Secretary of State with a revised vote authorizing the increase in the maximum amount. The organization also shall attach to the statement a list of the members of the board of directors or board of trustees of the organization, as applicable and the officers of the corporation, certified as true and correct by the secretary of the organization. In the event of a vote of the board of directors or board of trustees authorizing the increase shall be filed with the Secretary of State, Corporate Division. The statement shall be in substance the following form:

______________________, of __________________________, ______________ County, State of ____________________, intends to engage in [check the appropriate box or boxes]:

? Political Advertising

? Advocacy Advertising

in the state of New Hampshire. Attached hereto is a true and complete copy of a vote of the board of (choose one) directors/trustees of ____________ authorizing it to engage in political advertising or advocacy advertising in the state of New Hampshire, and further authorizing the organization’s president or executive director to expend the organization’s funds or other assets for political advertising or advocacy advertising, and the maximum amount of the organization’s funds or other assets that may be expended in political advertising or advocacy advertising in the state of New Hampshire.

____________________________________

[Duly Authorized Secretary of __________]

292:34 Donors. The statement that is filed in accordance with subsection 292:33 shall attach a list of the names of, and aggregate amounts contributed, by any donor to the organization who has contributed at least $10,000.00 in the aggregate, to the organization in the 180 days preceding the commencement of political advertising or advocacy advertising, and whose contributions are being utilized to pay for such advertising, as determined by any reasonable accounting method. In the event an organization does not maintain a separate record of those donors whose contributions are being so utilized, then the statement shall list the names of all donors who have contributed at least $10,000.00 in the aggregate to the organization in the 180 days preceding the commencement of such advertising. The statement shall be signed by the president or executive director of the organization. A contribution means any payment, gift, donation, loan, advance, or combination thereof, in the amount of at least $10,000.00 in the aggregate from any natural or other person, to an organization, but does not mean an organization’s investment or commercial income or regular affiliation payments by an affiliate of the organization that are calculated on the basis of the number of the organization’s members who are also members of the affiliate.

The statement listing donors may be filed concurrently with the statement required by Section 290 33. An organization that has filed a donor list shall file an updated donor list in the event of a change in the maximum amount of the organization’s funds or other assets that may be used for political advertising or advocacy advertising in New Hampshire.

292:35 Penalties. A violation of this subdivision shall result in a civil penalty of up to $1,000 per violation. In the event the violation consists of the airing or broadcasting of a paid advertisement, and the court finds that the violation was willful, the court may consider each individual airing or broadcasting on radio or telephone a separate violation. Any person may make complaint in writing to the attorney general of any violation of this subdivision. If the attorney general determines that a provision of this subdivision has been violated, he or she may:

I. Issue an order requiring the violator to cease and desist from its violation.

II. If the attorney general’s order is not obeyed, the attorney general or designee may petition to the Merrimack County Superior Court for an order of enforcement, and to enjoin any further political advertising or advocacy advertising until the appropriate statement has been filed.

III. Prosecute to final judgment through his or her designee if sufficient cause for such prosecution is found.

292:36 Private Right of Action. Any candidate may have a private right of action to enforce the provisions of this subdivision by filing a petition with the Merrimack County superior court requesting an injunction to enjoin further political advertising or advocacy advertising until the required statements have been filed with the secretary of state, corporate divis
ion, and the appropriate filing fee has been paid. Upon a finding by the superior court that the required statements have not been filed, and the ordering of any enforcement or injunctive relief, the complaining candidate shall be entitled to attorney’s fees and costs. Upon a finding by the Superior Court that the complaint by the candidate was frivolous or not filed in good faith, the organization shall be entitled to its attorney’s fees and costs.

292:37 Severability. If any provision of this subdivision or the application thereof to any person or circumstances held invalid, the invalidity does not affect any other provisions or applications of the subdivision which can be given effect without the invalid provisions or applications, and to this end the provisions of this subdivision are severable.

53 Income Accumulations; Taxation. Amend RSA 77:11 to read as follows:

77:11 Accumulations.

Income accumulated in an employee benefit plan, as defined by the Employment Retirement Income Security Act of 1974, Section 3, 29 United States Code §1002(3), as amended, or in a trust comprising a part of such a plan, shall not be subject to taxation under RSA 77:1.

54 Repeal. The following are repealed:

I. RSA 384-B:1,VII-a, relative to the definition of “board.”

II. RSA 392:1, relative to the board for the incorporation of trust companies.

55 Political Expenditures and Contributions; Prohibited Political Contributions; Business Organizations. RSA 664:4, I is repealed and reenacted to read as follows:

I. By any business organization, or by any officer, director, executive, agent, partner, or employee acting in behalf of such business organization. This shall not prohibit the establishment by a business organization of a political committee that operates as a separate entity from the business organization, provided that the committee’s expenditures and contributions are made through a separate, segregated account consisting only of voluntary contributions solicited from individuals. The provisions of this section shall not apply to sole proprietorships.

56 Political Expenditures and Contributions; Prohibited Political Contributions; Labor Unions; Segregated Account Exception. Amend RSA 664:4, III to read as follows:

III. By any labor union or group of labor unions, or by any officer, director, executive, agent, or employee acting in behalf of such union or group of unions; or by any organization representing or affiliated with any such union or group of unions, or by any officer, director, executive, agent, or employee acting in behalf of such organization. This shall not prohibit the establishment by a labor union or group of labor unions of a political committee that operates as a separate entity from the labor union or group of labor unions, provided that the committee’s expenditures and contributions are made through a separate, segregated account consisting only of voluntary contributions solicited from individuals.

57 Repeal. RSA 664:4, II, relative to prohibited political contributions by partnerships, is repealed.

4 New Paragraph; Reporting by Political Committees; Business Organization Political Committees. Amend RSA 664:6 by inserting after paragraph VIII the following new paragraph:

IX. A political committee established by a business organization shall report to the secretary of state each contribution made by the committee. The report shall be made in writing or by electronic or facsimile transmission and shall be received by the secretary of state by noon on the business day next following the contribution. The report shall identify the recipient and amount of the contribution. Reports under this paragraph shall be in addition to any other reports required by this section.

58 Effective Date. Sections 1 through 47 of this act shall take effect January 1, 2011. Sections 48 through 52 of this Act shall take effect July 1, 2010. Sections 53 and 54 of this Act shall take effect on January 1, 2011.

Sections 55 through 57 of this Act shall take effect on July 1, 2010.

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