New Hampshire Revised Statutes 659:43 – Electioneering at the Polling Place
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I. Electioneering shall be prohibited within the polling place building, provided that nothing in this section shall apply to the posting of sample ballots by election officials, pursuant to N.H. Rev. Stat. § 658:26, which have not been marked as voting for any candidate or measure.
II. The moderator shall establish one or more no-electioneering corridors, no less than 10 feet wide, that extend from all entrances of the polling place a reasonable distance along the sidewalks or to the parking lots that serve the polling place. The moderator shall establish the corridor in a manner that permits a voter arriving or leaving the polling place to enter or exit without interruption or interference from individuals outside the corridor, and that permits a voter to step to the edge of the corridor and speak with those electioneering if he or she chooses.
III. The moderator shall designate a preferred area for electioneering, which to the extent practical shall be within sight and conversation-level sound of the primary entrance to the polling place and shall abide by any regulations or ordinances approved by the municipality’s governing body pursuant to N.H. Rev. Stat. § 31:41-c or N.H. Rev. Stat. § 47:17, XIV-a.
IV. Electioneering may occur outside the no-electioneering corridor and outside the designated preferred electioneering area.
V. Electioneering signs shall not be affixed to the polling place building or grounds.
VI. Electioneering signs shall not be left unattended.
VII. The distribution or posting of electioneering communications, including but not limited to posters, cards, handbills, placards, pictures, pins, stickers, circulars, or articles of clothing, is prohibited within any no-electioneering corridor established outside the polling place by the moderator.
VIII. Whoever violates any of the provisions of this section shall be guilty of a violation.
IX. (a) Whoever violates any of the provisions of this section shall be subject to a civil penalty not to exceed $1,000.
(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of N.H. Rev. Stat. § 659:43 a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund.
(c) The attorney general shall have authority to notify suspected violators of this section of the state’s intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund.
II. The moderator shall establish one or more no-electioneering corridors, no less than 10 feet wide, that extend from all entrances of the polling place a reasonable distance along the sidewalks or to the parking lots that serve the polling place. The moderator shall establish the corridor in a manner that permits a voter arriving or leaving the polling place to enter or exit without interruption or interference from individuals outside the corridor, and that permits a voter to step to the edge of the corridor and speak with those electioneering if he or she chooses.
Terms Used In New Hampshire Revised Statutes 659:43
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The moderator shall designate a preferred area for electioneering, which to the extent practical shall be within sight and conversation-level sound of the primary entrance to the polling place and shall abide by any regulations or ordinances approved by the municipality’s governing body pursuant to N.H. Rev. Stat. § 31:41-c or N.H. Rev. Stat. § 47:17, XIV-a.
IV. Electioneering may occur outside the no-electioneering corridor and outside the designated preferred electioneering area.
V. Electioneering signs shall not be affixed to the polling place building or grounds.
VI. Electioneering signs shall not be left unattended.
VII. The distribution or posting of electioneering communications, including but not limited to posters, cards, handbills, placards, pictures, pins, stickers, circulars, or articles of clothing, is prohibited within any no-electioneering corridor established outside the polling place by the moderator.
VIII. Whoever violates any of the provisions of this section shall be guilty of a violation.
IX. (a) Whoever violates any of the provisions of this section shall be subject to a civil penalty not to exceed $1,000.
(b) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of N.H. Rev. Stat. § 659:43 a civil penalty in an amount not to exceed $1,000 per violation. All penalties assessed under this paragraph shall be paid to the secretary of state for deposit into the general fund.
(c) The attorney general shall have authority to notify suspected violators of this section of the state’s intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action, provided any civil penalty paid as settlement shall be paid to the secretary of state for deposit into the general fund.