Terms Used In New Hampshire Revised Statutes > Chapter 664 - Political Expenditures and Contributions

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Bona fide survey and opinion research: means the collection and analysis of data regarding opinions, needs, awareness, knowledge, views, experiences, and behaviors of a population, through the development and administration of surveys, interviews, focus groups, polls, observation, or other research methodologies, in which no sales, promotional, or marketing efforts are involved, and through which there is no attempt to influence a participant's attitudes or behavior. See New Hampshire Revised Statutes 664:2
• Business organization: means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust or other form of organization, organized for gain or profit, and includes any enterprise which is expressly made exempt from income taxation under the United States Internal Revenue Code of 1986. See New Hampshire Revised Statutes 664:2
• Candidate: means any person publicly declared as such and for whom votes are sought in an election. See New Hampshire Revised Statutes 664:2
• Clearly identified candidate: means that the name of the candidate involved appears; a photograph or drawing of the candidate appears; or the identity of the candidate is otherwise apparent. See New Hampshire Revised Statutes 664:2
• Communication: shall include , but not be limited to, publication in any newspaper or other periodical or on any Internet site, broadcasting on radio, television, or over any public address system, transmission by telephone or facsimile, placement on any billboards, outdoor facilities, window displays, posters, cards, pamphlets, leaflets, flyers, or other circulars, or in any direct mailing. See New Hampshire Revised Statutes 664:2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contribution: shall mean a payment, gift, subscription, assessment, contract, payment for services, dues advance, forbearance or loan to a candidate or political committee made for the purpose of influencing the nomination or election of any candidate. See New Hampshire Revised Statutes 664:2
• Contributions: shall include the use of any thing of value but shall not include the services of volunteers who receive no pay therefor or the use of personal resources by a candidate on behalf of his or her candidacy. See New Hampshire Revised Statutes 664:2
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Donor: The person who makes a gift.
• Election: means any general biennial or special election, political party primary, or presidential preference primary as provided in N. See New Hampshire Revised Statutes 664:2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Expenditure: shall mean the disbursement of money or thing of value or the making of a legally binding commitment to make such a disbursement in the future or the transfer of funds by a political committee to another political committee or to a candidate for the purpose of promoting the success or defeat of a candidate or candidates or measure or measures. See New Hampshire Revised Statutes 664:2
• 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
• following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
• Forbearance: A means of handling a delinquent loan. A
• Full name: means an individual's full first name, middle name or initial, if any, and full legal last name, making the identity of the contributor apparent by unambiguous reference. See New Hampshire Revised Statutes 664:2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Measure: shall mean any constitutional amendment or question which is submitted or intended to be submitted to a popular vote at an election. See New Hampshire Revised Statutes 664:2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occupation: means an individual's official job title resulting from employment at or ownership of any agency or organization or other entity. 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• party: means any political organization or number of persons which can nominate candidates in any manner prescribed by law and has done so for the current election. 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• 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 advocacy organization: means any entity that makes expenditures of $2,500 or more in a calendar year for communication that is functionally equivalent to express advocacy such that, when taken as a whole, such communication is likely to be interpreted, all or in part, by a reasonable person as advocating the election or defeat of a candidate or candidates, or the success or defeat of a measure or measures, taking into account whether the communication involved mentions a candidacy, a political party, or takes a position on a candidate's character, qualifications, or fitness for office. 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
• Political committee of a political party: means a state, county, regional, city, ward, or town committee of a political party. See New Hampshire Revised Statutes 664:2
• Political party: or "party" means any political organization or number of persons which can nominate candidates in any manner prescribed by law and has done so for the current election. See New Hampshire Revised Statutes 664:2
• Post office address: means an individual's principal place of residence and shall include a street and post office box, if any, city, state and zip code. See New Hampshire Revised Statutes 664:2
• Principal place of business: means the primary organization or employer from which an individual derives his or her principal income and shall include the employer's official name and the employer's post office address. See New Hampshire Revised Statutes 664:2
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
• Receipts: shall mean the receipt of money or thing of value or the receipt of a legally binding commitment to receive money or thing of value in the future for the purpose of promoting the success or defeat of a candidate or candidates or a measure or measures. 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.
• Segregated fund: shall mean a segregated account of money that consists of funds that were paid directly to such account by persons other than the covered political committee that controls the account from which only expenditures defined in paragraph IX are made. See New Hampshire Revised Statutes 664:2
• 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
• Subpoena duces tecum: A command to a witness to produce documents.
• sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4