relative to compliance with certain political expenditures and contribution statutes.
What changed between versions
The Senate version applied only to 'covered measures' (constitutional amendments and local ballot questions) and explicitly excluded candidates. The House version's foreign national contribution ban in RSA 664:4, VII appears to apply broadly to all political contributions under the chapter, not just measure-related ones.
The House version amends RSA 664:1 to extend the provisions on political advertising, push polling, and enforcement (RSA 664:14 through 664:21) to presidential primary elections, which the Senate version did not address.
The House version amends the definition of 'measure' in RSA 664:2, X by removing 'at an election,' broadening it to include any constitutional amendment or question that is 'intended to be submitted' to a popular vote, not just those already scheduled.
The House version adds a new paragraph VII to RSA 664:4 prohibiting contributions by foreign nationals as defined in 52 U.S.C. Section 30121(b) and 11 C.F.R. Section 110.20(a)(3).
The House version amends RSA 664:5 to add 'measure' alongside 'political party' and 'candidate' in the list of entities for which prohibited expenditures cannot be made.
The Senate version's extensive certification requirements (initial certifications, per-contribution donor affirmations, 48-hour independent expenditure filings, record keeping for 4 years) were all removed. The House version imposes no such procedural requirements.
The House version adds a new paragraph X to RSA 664:21 requiring a political committee or foreign national that willfully violates RSA 664:4, VI or RSA 664:5, III to pay the amount of the contribution or expenditure plus interest at the prime rate published in the Wall Street Journal. Directors, officers, or members responsible for financial decisions are jointly and severally liable.
The Senate version's civil penalties of up to 2 times (or 3 times for knowing violations) the amount of the unlawful contribution or expenditure were removed in favor of the simpler pay-the-amount-plus-interest penalty.
The Senate version's rebuttable presumption that a contribution or expenditure involving a foreign national constituted a violation was removed in the House version.
The fiscal note changed from an estimated $15,000-$30,000 cost (for system changes to support certifications and reporting) to 'no fiscal impact on state, county and local expenditures or revenue.'
