Political Speech Registration advances to NH Senate

By Grant Bosse on May 27, 2010

(CONCORD) A Legislative Conference Committee has reached agreement on new regulations on political speech for New Hampshire companies. The House-Senate Committee of Conference on HB 1459 announced a deal this morning that would exempt certain non-profits from registering with the state before they could undertake political or issue advertising, but still require the filings from businesses and other non-profit groups.
The new language, crafted overnight by Democratic Party attorney Kathy Sullivan, would exempt 501(c)3 organizations, but still cover 501(c)4 groups, corporations, LLC’s, and partnerships who wish to spend $10,000 in a single election cycle. Non-profit groups would not have to disclose their donors, as was included in prior drafts. The penalty for violations has been reduced to $250 per violation, and the $25 filing fee has been removed. Corporations would need to show proof that their boards of directors have approved political activity, but would no longer have to disclose the maximum amount that will spend on political activity. The deal allows any candidate involved in the political ads to file suit directly in Merrimack County Superior Court, whether or not the Attorney General finds evidence of a violation, but removes the ability of any voter to file a lawsuit against sponsoring organizations.

Sen. Hassan explains the agreement on HB 1459.

The proposal was originally brought forward by Sen. Maggie Hassan (D-Exeter) as a response to the U.S. Supreme Court’s Citizens United decision, which allowed corporations to make political expenditures independent of any candidate or party. The proposal would force businesses to file with the Secretary of State’s Office with 48 hours of launching advertisements that address either political campaigns or legislative issues. The stringent limits on issue advocacy sparked widespread opposition from New Hampshire business groups, as well as non-profit advocacy groups ranging from conservation Cornerstone-Action to liberal Planned Parenthood. Rep. Jim Splaine (D-Portsmouth) was removed from the Committee due to his vocal opposition to any registration of political and advocacy advertising. The House Speaker and Senate President may remove any member from a Committee of Conference in order to reach the unanimous agreement needed to send a bill back to the full chamber.
Rep. Rip Holden (R-Goffstown) asked for the addition of a legislative Study Committee to further investigate the issue. The Committee would issue its findings next summer. Such a move would require suspension of House rules in order to form a Study Committee that extends beyond the current Legislative session. At Holden’s suggestion, Chairman Ed Butler (D-Hart’s Location) also added a sunset date on December 31, 2012.
Governor John Lynch tells the Concord Monitor that he will study the bill, but spokesman Colin Manning indicated his support for the idea.

“Groups that seek to influence elections in New Hampshire should disclose where they get their money from.”

The Conference Committee faced a noon deadline to reach a compromise. The House and Senate come back into session next week to consider dozens of deals reached by Conference Committee this week, including a $295 million budget balancing plan. HB 1459 will first be considered by the Senate, which approved the Hassan provisions 14-10 on May 13. If approved by that chamber, the measure would head to the New Hampshire House, which has yet to consider the political speech registration plan.