New Hampshire Revised Statutes 664:21 – Penalty
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I. Any fine assessed under the provision of this section shall be paid to the secretary of state for deposit into the general fund.
II. Nothing in this section shall be construed to limit the enforcement powers of the attorney general under N.H. Rev. Stat. § 664:18.
III. Any person who fails to file any report or statement on the date on which the report or statement is due under this chapter shall be subject to a daily fine of $25 for every weekday for which the report or statement is late and until the report or statement is actually filed, except that candidates for the general court shall be subject to a daily fine of $5 under this paragraph.
IV. A person liable under the provisions of this paragraph shall not also be subject to the penalties imposed under paragraph III. Any person who otherwise violates any provision of this chapter shall be guilty of a misdemeanor if a natural person or shall be guilty of a felony if any other person.
V. (a) Whoever violates any of the provisions of N.H. Rev. Stat. § 664:16-a shall be subject to a civil penalty not to exceed $1,000.
(b) Whoever violates, or orders, aids, or abets a violation of N.H. Rev. Stat. § 664:17, relative to removing, defacing, or destroying political advertising on private property, shall be subject to a civil penalty of $250 for each piece of political advertising removed, defaced, or destroyed, up to a maximum of $2,000.
(c) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of N.H. Rev. Stat. § 664:16-a or N.H. Rev. Stat. § 664:17 the civil penalties under subparagraphs (a) and (b).
(d) The attorney general shall notify suspected violators of N.H. Rev. Stat. § 664:16-a or N.H. Rev. Stat. § 664:17 of the state’s intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action.
VI. (a) A political committee other than a political committee of a candidate that fails to register in accordance with N.H. Rev. Stat. § 664:3 shall be subject to a fine up to 25 percent of the total amount of independent expenditures made during the period from the date the political committee was required to register to the date the political committee registered.
(b) A political committee that fails to report independent expenditures in accordance with N.H. Rev. Stat. § 664:6, IV-a shall be subject to a fine up to 25 percent of the total amount of independent expenditures not reported or reported late.
VII. Any person who willfully makes and subscribes to any statement filed under this chapter that he or she does not believe to be true and correct as to every material matter shall be guilty of false swearing under N.H. Rev. Stat. § 641:2.
VIII. (a) Whoever violates any provision of N.H. Rev. Stat. § 664:14, or a provision of N.H. Rev. Stat. § 664:17 not related to removing, defacing, or destroying political advertising as provided for in paragraph V of this section, shall be subject to a civil penalty not to exceed $1,000.
(b) The attorney general shall 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 within the civil penalty limits established in this section without court action.
(c) Whoever is subject to a civil penalty under this paragraph shall also be subject to the payment of restitution for damages.
IX. Any individual, committee, or organization responsible for reporting under N.H. Rev. Stat. § 664:6, 664:6-a, and 664:7 that files a report with illegible material content shall receive a written warning for a first offense and shall be charged a civil penalty of $1,000 per offense for any subsequent offenses.
II. Nothing in this section shall be construed to limit the enforcement powers of the attorney general under N.H. Rev. Stat. § 664:18.
Terms Used In New Hampshire Revised Statutes 664:21
- Candidate: means any person publicly declared as such and for whom votes are sought in an election. See New Hampshire Revised Statutes 664:2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Expenditures: includes disbursements constituting independent expenditures, as defined in paragraph XI, and expenses incurred by a candidate for child care. See New Hampshire Revised Statutes 664:2
- Independent expenditures: means expenditures that pay for the development and distribution of a communication that expressly advocates the election or defeat of a clearly identified candidate or candidates or the success or defeat of a measure or measures, which are made without cooperation or consultation with any candidate, or any authorized committee or agent of such candidate, and which are not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of such candidate. 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
- 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
- Political advertising: means any communication, including buttons or printed material attached to motor vehicles, which expressly or implicitly advocates the success or defeat of any party, measure or person at any election. See New Hampshire Revised Statutes 664:2
- Political committee: means :
(a) Any organization of 2 or more persons that promotes the success or defeat of a candidate or candidates or measure or measures, including the political committee of a political party;
(b) Any segregated fund established by any organization the purpose of which is to promote the success or defeat of a candidate or candidates or measure or measures;
(c) Any organization that has as its major purpose to promote the success or defeat of a candidate or candidates or measure or measures and whose receipts or expenditures total $2,500 or more in a calendar year for that purpose;
(d) Any organization that does not have as its major purpose to promote the success or defeat of a candidate or candidates or measure or measures but that makes expenditures that total $5,000 or more in a calendar year; or
(e) Any segregated fund that is voluntarily registered with the secretary of state for the purpose of reporting its receipts and expenditures under this chapter or any organization that voluntarily registers with the secretary of state, without regard to whether such segregated fund or organization meets the receipt or expenditure thresholds described in this paragraph. See New Hampshire Revised Statutes 664:2 - Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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. Any person who fails to file any report or statement on the date on which the report or statement is due under this chapter shall be subject to a daily fine of $25 for every weekday for which the report or statement is late and until the report or statement is actually filed, except that candidates for the general court shall be subject to a daily fine of $5 under this paragraph.
IV. A person liable under the provisions of this paragraph shall not also be subject to the penalties imposed under paragraph III. Any person who otherwise violates any provision of this chapter shall be guilty of a misdemeanor if a natural person or shall be guilty of a felony if any other person.
V. (a) Whoever violates any of the provisions of N.H. Rev. Stat. § 664:16-a shall be subject to a civil penalty not to exceed $1,000.
(b) Whoever violates, or orders, aids, or abets a violation of N.H. Rev. Stat. § 664:17, relative to removing, defacing, or destroying political advertising on private property, shall be subject to a civil penalty of $250 for each piece of political advertising removed, defaced, or destroyed, up to a maximum of $2,000.
(c) The court, upon petition of the attorney general, may levy upon any person who violates the provisions of N.H. Rev. Stat. § 664:16-a or N.H. Rev. Stat. § 664:17 the civil penalties under subparagraphs (a) and (b).
(d) The attorney general shall notify suspected violators of N.H. Rev. Stat. § 664:16-a or N.H. Rev. Stat. § 664:17 of the state’s intention to seek a civil penalty, to negotiate, and to settle with such suspected violators without court action.
VI. (a) A political committee other than a political committee of a candidate that fails to register in accordance with N.H. Rev. Stat. § 664:3 shall be subject to a fine up to 25 percent of the total amount of independent expenditures made during the period from the date the political committee was required to register to the date the political committee registered.
(b) A political committee that fails to report independent expenditures in accordance with N.H. Rev. Stat. § 664:6, IV-a shall be subject to a fine up to 25 percent of the total amount of independent expenditures not reported or reported late.
VII. Any person who willfully makes and subscribes to any statement filed under this chapter that he or she does not believe to be true and correct as to every material matter shall be guilty of false swearing under N.H. Rev. Stat. § 641:2.
VIII. (a) Whoever violates any provision of N.H. Rev. Stat. § 664:14, or a provision of N.H. Rev. Stat. § 664:17 not related to removing, defacing, or destroying political advertising as provided for in paragraph V of this section, shall be subject to a civil penalty not to exceed $1,000.
(b) The attorney general shall 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 within the civil penalty limits established in this section without court action.
(c) Whoever is subject to a civil penalty under this paragraph shall also be subject to the payment of restitution for damages.
IX. Any individual, committee, or organization responsible for reporting under N.H. Rev. Stat. § 664:6, 664:6-a, and 664:7 that files a report with illegible material content shall receive a written warning for a first offense and shall be charged a civil penalty of $1,000 per offense for any subsequent offenses.