New Hampshire Revised Statutes 664:16-a – Identification Required
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I. Any person who engages in push-polling, as defined in N.H. Rev. Stat. § 664:2, XVII, shall, prior to asking any person contacted a question relating to a candidate:
(a) Inform the person that the telephone call is a “paid political advertisement;” and
(b) Identify the organization making the call and the organization paying for the call; and
(c) Provide a valid, current, publicly-listed telephone number for the organization making the call; and
(d) Identify that the telephone call is being made on behalf of, in support of, or in opposition to a particular candidate or candidates for public office and identify that candidate or candidates by name.
II. Any person or entity who violates paragraph I shall be subject to penalty under N.H. Rev. Stat. § 664:21, IV and V.
(a) Inform the person that the telephone call is a “paid political advertisement;” and
Terms Used In New Hampshire Revised Statutes 664:16-a
- Candidate: means any person publicly declared as such and for whom votes are sought in an election. See New Hampshire Revised Statutes 664:2
- organization: includes , but is not limited to, one or more natural persons; entities formed under state law, except those entities qualified under section 501(c)(3) of the United States Internal Revenue Code of 1986; committees formed by a candidate, exploratory campaign, or political party; and any other association of natural persons or entities formed under state law that is not registered as a business entity. See New Hampshire Revised Statutes 664:2
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Push-polling: means :
(a) Calling voters on behalf of, in support of, or in opposition to, any candidate for public office by telephone; and
(b) Asking questions related to opposing candidates for public office which state, imply, or convey information about the candidates character, status, or political stance or record; and
(c) Conducting such calling in a manner which is likely to be construed by the voter to be a survey or poll to gather statistical data for entities or organizations which are acting independent of any particular political party, candidate, or interest group as part of a series of like telephone calls that consist of more than 2,000 connected calls that last less than 2 minutes in presidential, gubernatorial, United States senatorial, or United States congressional elections; or conducting such calling as part of a series of like telephone calls that consist of more than 500 connected calls that last less than 2 minutes in executive council, state senate, city, town, school district, or village district elections; or conducting such calling as part of a series of like telephone calls that consist of more than 200 connected calls that last less than 2 minutes in state representative elections; and
(d) Conducting such calling for purposes other than bona fide survey and opinion research. See New Hampshire Revised Statutes 664:2
(b) Identify the organization making the call and the organization paying for the call; and
(c) Provide a valid, current, publicly-listed telephone number for the organization making the call; and
(d) Identify that the telephone call is being made on behalf of, in support of, or in opposition to a particular candidate or candidates for public office and identify that candidate or candidates by name.
II. Any person or entity who violates paragraph I shall be subject to penalty under N.H. Rev. Stat. § 664:21, IV and V.