Heh! Update before posting: If you go down 1/3rd of the post to where I discuss lines 25-26, 28-29 you can see that even if the IRS codes would not require Donors / Contributors information, this amendment will require it. Now add this info:
TUESDAY, MAY 15, UPDATE: CROSSROADS ON THE AIR. Crossroads GPS, a nonprofit self-described issues advocacy group that works in conjunction with the pro-Republican Super PAC American Crossroads, is planning political advertising in New Hampshire.
…The Granite Status has learned that Crossroads GPS will air at least two ads on WMUR television beginning later this week and at least into the middle of next week at a cost of at least $75,000.
While American Crossroads, as a Super PAC, must disclose its donors, Crossroads GPS as a 501 (c)(4) nonprofit, does not.
This Amendment would force that. What actually would happen is that they wouldn’t participate in NH. That is chilling of “freedom of speech”.
Part 1 and Part 2. The premise of HB1704 is “We have to regulate Political Speech MORE because we don’t think people should be uncivil, so we will make sure who is talking so we can take retribution action if we don’t like it. Or them.” (Oh, that’s the Democrats….maybe just the Democrats?). Again, I remind the Senators of the Founders’ simple words:
Congress shall make no law…abridging the freedom of speech…
Sidebar: WHY can’t lawyers, politicians, and marketeers just learn to love the simple things? You know, the things that actually work? Or given the fact that they tell us NO so often (as in “NO, we do not allow you to do that, or this, or that something else…NO!), why can’t they listen to that “make no law” bit? We all would be better off. But given that I’m writing this now means they STILL haven’t.
Just a short amount of time ago, it was the Political Parties and Candidates that had to endure limitations to what they could say and when and to whom. The egregious part of this Amendment is that because ordinary citizens are now speaking up, often against those that represent them, politicians are deciding that these activities (mirroring the pamphleteers at the beginning of this country) just cannot be allowed to happen. Tell me, Senators, did our Founding Fathers require registrations and fees in order to speak one’s mind on things political? With this Amendment, NH State Senator Sharon Carson shows the belief that the ordinary person, or a collection of such, have to be kept on a tight tether. Why? Look at this redefinition (the PDF of this Amendment is here):
7 1 Definitions; Political Committee. Amend RSA 664:2, III to read as follows:
8 III. “Political committee” means any entity, group, or organization, incorporated or
9 nonincorporated, [of 2 or more persons to influence] that makes expenditures to influence
10 elections or measures, including the political committee of a political party as defined in paragraph
11 V.
There are statutes on the books that already defines what a Political Committee is – and generally has been around the idea of a Party or a Candidate. This new definition basically so widens the definition so that the important part is “makes expenditures” rather than the organizational type (it becomes immaterial). Make no mistake – when you look at that paragraph, if 2 ordinary people get together and wish to speak out, they are ensnared. Most groups WILL incorporate under some type of for-profit or non-profit simply for IRS reasons and those are the types that are now of interest with the rise of advocacy groups and SuperPACs. But this amendment makes no differentiation between a multi-million dollar PAC and a couple of neighborhood buddies.
Wait, there more badness…
13 IX. “Expenditure” shall mean the disbursement of money or thing of value or the making of
14 a legally binding commitment to make such a disbursement in the future for the purpose of
15 influencing the nomination for election or election of any candidate or the success or defeat of a
16 measure.
It is the “little people”, the ordinary person, that will be most affected by this. We at GraniteGrok do not raise money for candidates (although we all have given money to candidates or groups as individuals), but I would like to believe that GraniteGrok is a “thing of value” when you look at our speech (both our writings as well as our actual speech – and make no mistake, there are costs to create such as we do, as others would in creating flyers, brochures, mailings, and the like).
So, one or more, do or say, this Amendment lays to ground such that you have to register.
18 3 Definitions; Independent Expenditures. Amend RSA 664:2, XI to read as follows:
19 XI. “Independent expenditures” means expenditures by a person, political committee, or
20 other entity expressly advocating the election or defeat of a clearly identified candidate or the
21 success or defeat of a measure which are made without cooperation or consultation with any
22 candidate, or any authorized committee or agent of such candidate, and which are not made in
23 concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent
24 of such candidate. As used in this paragraph, “clearly identified” means that the name of the
25 candidate involved appears; a photograph or drawing of the candidate appears; or the identity of the
26 candidate is apparent by unambiguous reference.
Boiling this down – if you say or do anything for or against a candidate or an issue and spend money, that money is now going to target you. Not the speech it enables, but the money. If one always thought that money was always separate from actual speech (regardless of US Supreme Court decisions), here is NH based legislation that confirms the tight relationship between the two: Political Speech requires Money, and Money equals Speech (why else would Politicians always be asking for more?).
The very fact that you wish to exercise what you THOUGHT was your Freedom of Speech via a flyer (or a poster, a mailing, website, or an ad) shows that the State believes that there is a price to be paid to IT for you to speak. This part of the Amendment is setting the stage for a expense floor by which if you do not report its costs to the Government, this part of the net will be used to capture your Speech – and you. Combine this with the definition above of what a “speaker” is, Sharon Carson is making sure that ANY speech in the political realm is going to be regulated – and with a more expansive definition of “who”, almost anyone will be subject to this.
Lord help the ordinary schlub!
And as far as the BY HOW is concerned?
27 4 New Paragraph; Definitions; Electioneering Communication. Amend RSA 664:2 by inserting
28 after paragraph XVII the following new paragraph:
29 XVIII. “Electioneering communication” means any broadcast, publication, mailer, or cable or
30 satellite communication that fulfills each of the following conditions:
31 (a) The communication refers to a clearly identified candidate for state office or measure
32 without a call to action.
I can’t believe that soapbox and bullhorn isn’t explicitly listed. Electronic, wireless, dead tree – yup, covered. It seems that only if you are a telepath are you home free (hmm, I’d settle for being able to listen instead of projecting), but wait, once the technology is sufficiently advanced to “fake it”, they’ll want to account for it.
Back to the task; they have the WHEN covered (gee, especially when an election is approaching!)
(b) The communication is publicly distributed within 60 days prior 1 to a general election
2 or 30 days prior to a primary election for the office a candidate is seeking.
And the WHO:
3 (c) The communication is targeted to the relevant electorate.
Can you say Political Lockdown? sure you can, because here is where all of the above elements are mixed together for the benefit – of whom? Not the ordinary citizen!
4 5 Registration of Political Committees. Amend RSA 664:3, I to read as follows:
5 I. Any political committee, except the political committee of a political party, shall register
6 with the secretary of state as provided in this section. The committee shall register with the
7 secretary of state not later than 24 hours after receiving any contribution in excess of [$500] $2,500
8 or before making any expenditure in excess of [$500] $2,500 in the aggregate, but in no event later
9 than 14 days after the formation of the committee.
Again, with the new definition of what a Political Committee is, it can be you and me, you and your brother, GraniteGrok, Blue Hampshire, Karl Rove’s or Obama’s SuperPACs. Now to be sure, Sharon Carson’s Amendment raises the trigger to $2500. Better than $500, but $2500 doesn’t go very far – if someone wishes to do a wee bit of legal hijinks, we could be penalized and perhaps, shut down. And other small blogs as well. But Newspapers have editorials that try to influence the electorate for candidates and issues – and they are incorporated. They certainly speak just before elections as well – why do they get a pass, Senators, and the ordinary person does not? Why are they favored and the ordinary schlub no? How about TV and Radio stations – do they get a pass simply because they are “media”? Let’s be blunt, if you are reading ANYTHING in the Right side of the Blogosphere, Senate Republicans, you have already seen that media companies ARE biased and to a large degree, a Leftward slant. While the UL used to be hard Right, I would consider it to be nominally Right nowadays – but others, say the Hippo and the Concord Monitor, are much harder Left
Why do they get Free Speech and Individuals do not?
22 I. Any political committee whose receipts or expenditures in support of a candidate,
23 measure, or political party exceed [$500] $2,500 except, for the purposes of this paragraph only, the
24 political committee of a political party, [or] the political committee of a candidate, or a corporation
25 that is tax exempt under section 501(c)(4), 501(c)(5), and 501(c)(6) of the United States
26 Internal Revenue Code,
As I wrote in an earlier post, this is just a furtherance of making sure that any organization that speaks up will now have opportunity to be written up for non-compliance. In essence, the NH Senate wishes to create the widest corral possible to make sure they know who is saying what. ANY non-profit is now fair game for simply speaking their minds (or the minds of those that ascribe to a group’s philosophy). They are leaving no person untouched.
Frankly, there are those currently seated politicians that are tired of taking in the shorts by those that disagree with them – and by doing this, they are using the force of Government to get them to shut up. The message is “You’re registered – we will know who you are” – and as we have seen the last few years under this President (and other of the same ilk regardless of Party), that information will be used to hurt you (remember what the State of Illinois bureaucrats did to Joe the Plumber after he questioned Obama about “spreading the wealth”?) later on.
Not only will the group be on file, but contributors will be as well:
shall file with the secretary of state an itemized statement, signed by its
27 chairman and treasurer showing each of its receipts exceeding $25 with the full name and home post
28 office address of the contributor in alphabetical order and the amount of the contribution, the date it
29 was received, and the aggregate total for each election for each contributor of over $100.
Those Illinois State Government employees immediately started to use State databases to dig up the dirt on Joe the Plumber to discredit him for dissing the Obamessiah. We have seen what militant anti-Prop 8ers have done once that kind of information became known.
NH Senators, do you wish to be responsible for that here?
Full text of NH State Senator Sharon Carson’s Amendment 2012-1650s:
Sen. Carson, Dist. 14
April 13, 2012
2012-1650s
03/10
Draft Amendment to ________
Amend the title of the bill by replacing 1 it with the following:
2
3 AN ACT relative to expenditures by political committees.
4
5 Amend the bill by replacing all after the enacting clause with the following:
6
7 1 Definitions; Political Committee. Amend RSA 664:2, III to read as follows:
8 III. “Political committee” means any entity, group, or organization, incorporated or
9 nonincorporated, [of 2 or more persons to influence] that makes expenditures to influence
10 elections or measures, including the political committee of a political party as defined in paragraph
11 V.
12 2 Definitions; Expenditure. Amend RSA 664:2, IX to read as follows:
13 IX. “Expenditure” shall mean the disbursement of money or thing of value or the making of
14 a legally binding commitment to make such a disbursement in the future for the purpose of
15 influencing the nomination for election or election of any candidate or the success or defeat of a
16 measure. It does not include the candidate’s filing fee or his or her expenses for personal travel and
17 subsistence.
18 3 Definitions; Independent Expenditures. Amend RSA 664:2, XI to read as follows:
19 XI. “Independent expenditures” means expenditures by a person, political committee, or
20 other entity expressly advocating the election or defeat of a clearly identified candidate or the
21 success or defeat of a measure which are made without cooperation or consultation with any
22 candidate, or any authorized committee or agent of such candidate, and which are not made in
23 concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent
24 of such candidate. As used in this paragraph, “clearly identified” means that the name of the
25 candidate involved appears; a photograph or drawing of the candidate appears; or the identity of the
26 candidate is apparent by unambiguous reference.
27 4 New Paragraph; Definitions; Electioneering Communication. Amend RSA 664:2 by inserting
28 after paragraph XVII the following new paragraph:
29 XVIII. “Electioneering communication” means any broadcast, publication, mailer, or cable or
30 satellite communication that fulfills each of the following conditions:
31 (a) The communication refers to a clearly identified candidate for state office or measure
32 without a call to action.
Draft Amendment to ________
– Page 2 –
(b) The communication is publicly distributed within 60 days prior 1 to a general election
2 or 30 days prior to a primary election for the office a candidate is seeking.
3 (c) The communication is targeted to the relevant electorate.
4 5 Registration of Political Committees. Amend RSA 664:3, I to read as follows:
5 I. Any political committee, except the political committee of a political party, shall register
6 with the secretary of state as provided in this section. The committee shall register with the
7 secretary of state not later than 24 hours after receiving any contribution in excess of [$500] $2,500
8 or before making any expenditure in excess of [$500] $2,500 in the aggregate, but in no event later
9 than 14 days after the formation of the committee. The registration shall be accompanied by a fee of
10 $50, which shall be deposited by the secretary of state into the general fund; provided, however, that
11 the political committee of a candidate which registers under this section shall not be required to pay
12 the $50 fee. Each political committee shall designate a treasurer or agent who is a citizen of this
13 state and who is authorized to receive all process and other legal documents on behalf of the political
14 committee, and through whom may be obtained access to all books and records of the political
15 committee. The political committee shall file with the secretary of state a statement of the purpose
16 of the committee and shall indicate whether the committee will be making independent expenditures
17 in support of or in opposition to any candidate including a statement of the name, address,
18 occupation, and principal place of business of its chairperson and treasurer or agent, and the names
19 and addresses of other officers. The committee shall file an amendment to its registration within 14
20 days of any change in the officers or purpose of the committee.
21 6 Reporting by Political Committee. Amend RSA 664:6, I to read as follows:
22 I. Any political committee whose receipts or expenditures in support of a candidate,
23 measure, or political party exceed [$500] $2,500 except, for the purposes of this paragraph only, the
24 political committee of a political party, [or] the political committee of a candidate, or a corporation
25 that is tax exempt under section 501(c)(4), 501(c)(5), and 501(c)(6) of the United States
26 Internal Revenue Code, shall file with the secretary of state an itemized statement, signed by its
27 chairman and treasurer showing each of its receipts exceeding $25 with the full name and home post
28 office address of the contributor in alphabetical order and the amount of the contribution, the date it
29 was received, and the aggregate total for each election for each contributor of over $100. The
30 statement shall be filed not later than the Wednesday 12 weeks immediately preceding a primary
31 election, before 5 o’clock in the afternoon, and shall cover the period from the day of the committee
32 registration up to and including the Monday before the statement is due. All receipts of $25 or under
33 shall appear on the statements as unitemized receipts. Any listing which exceeds an individual’s
34 aggregate total of $100 for each election shall be accompanied by the contributor’s occupation
35 including official job title, the name of the contributor’s employer, and the city or town of the
36 contributor’s principal place of business, if any. The statement shall also show each committee
37 expenditure with the full name and city or town of persons, corporations, committees, or to
Draft Amendment to ________
– Page 3 –
whomever paid or to be paid, the date paid, and the election for which 1 the expenditure was made,
2 with the specific nature and amount of each expenditure since the date of the registration.
3 7 Reporting by Political Committee. Amend RSA 664:6, II-a to read as follows:
4 II-a. A political committee shall file a statement in the same form as in paragraph I with the
5 secretary of state not later than the Wednesday immediately preceding a primary and a general
6 election, before 5 o’clock in the afternoon. The statement shall summarize the statements under
7 paragraphs I and II if such statements are filed and itemize all receipts and expenditures since the
8 cutoff of the statement under paragraph II up until the Monday preceding the filing of the statement
9 under this paragraph. In addition to the reporting requirements contained in this section, the
10 secretary of state shall be notified by the fiscal agent within 24 hours of any contribution exceeding
11 [$500] $2,500 which is received after the statement under this paragraph is filed and prior to the day
12 of election.
13 8 Reporting by Political Committee. Amend RSA 664:6, IV-IV-a to read as follows:
14 IV. Any political committee whose receipts or expenditures do not exceed [$500] $2,500 for a
15 reporting period need not file. However, when a committee’s accumulated receipts or expenditures
16 for an election exceed [$500] $2,500 the committee shall file a statement at the next reporting
17 deadline, unless the committee is a corporation that is tax exempt under section 501(c)(4),
8. 501(c)(5), and 501(c)(6) of the United States Internal Revenue Code
19 IV-a. Any political committee whose independent expenditures or spending on
20 electioneering communications, in aggregate, exceed [$500] $2,500 shall file an itemized
21 statement with the secretary of state not later than 24 hours after such expenditures are made, and
22 thereafter each time a further [$500] $2,500 is expended. Such itemized statements shall cover the
23 period during which independent expenditures and spending on electioneering
24 communications totaling [$500] $2,500 were made. Each statement shall include a certification by
25 the political committee that the independent expenditure or electioneering communication meets
26 the definition in RSA 664:2, XI or RSA 664:2, XVIII. Each statement shall contain the date of each
27 independent expenditure or spending on electioneering communications; the name and address
28 of the person to whom the expenditure was made; the name of the candidate on whose behalf or
29 against whom each independent expenditure was made or referenced in each electioneering
30 communication; the amount of each expenditure; the purpose of each expenditure, and the
31 aggregate amount of all previous independent expenditures and spending on electioneering
32 communications. If [the independent expenditure is] expenditures are made in support of or to
33 oppose more than one candidate, the statement made under this paragraph shall allocate the way in
34 which the expenditure was made among the candidates on a reasonable basis. For the purposes of
35 this paragraph, “reasonable basis” means a statement which reflects the benefit or the burden
36 reasonably expected to be derived or suffered by each candidate. The filing requirements of this
37 paragraph shall be in addition to all other filing requirements under this section, and shall not be
Draft Amendment to ________
– Page 4 –
limited to the filing periods during which expenditures must 1 otherwise be reported.
2 9 New Paragraph; Penalties. Amend RSA 664:21 by inserting after paragraph VI the following
3 new paragraph:
4 VII.(a) A political committee that fails to register in accordance with RSA 664:3 shall be
5 subject to a fine equal to 25 percent of the electioneering communication and independent
6 expenditures made during the period from the date the political committee was required to register
7 to the date the political committee registered.
8 (b) A political committee that fails to report independent expenditures or spending on
9 electioneering communications in accordance with RSA 664:6, IV-a shall be subject to a fine equal to
10 25 percent of the electioneering communication and independent expenditures not reported or
11 reported late.
12 10 Effective Date. This act shall take effect January 1, 2013.
Draft Amendment to ________
– Page 5 –
2012-1650s
AMENDED ANALYSIS
This bill modifies the definition of “political committee” and requires reporting by political
committees of spending on electioneering communications, as defined in the bill. This bill also raises
from $500 to $2,500 the amount of contributions or expenditures triggering registration and
reporting requirements for political committees.
