2015 New Hampshire Revised Statutes
Title LXIII - ELECTIONS
Chapter 664 - POLITICAL EXPENDITURES AND CONTRIBUTIONS
Section 664:21 - Penalty.

    664:21 Penalty. –
    I. Any candidate who voluntarily agrees to limit campaign expenditures as provided in RSA 664:5-a, and who exceeds the total political expenditure limitation as provided in RSA 664:5-a and 5-b in running for any office in either a state primary or state general election, or both, shall be subject to a fine schedule which is based on the percentage by which the candidate exceeds permitted campaign expenditures, so that the candidate shall pay a percentage of the excess campaign expenditures as follows:
       (a) Candidates for United States Senate and governor:
          under $1,000--one percent
          $1,000-$5,000--10 percent
          $5,000-$10,000--25 percent
          $10,000-$50,000--50 percent
          over $50,000--100 percent
       (b) Candidates for representative to Congress:
          under $1,000--one percent
          $1,000-$5,000--10 percent
          $5,000-$10,000--25 percent
          $10,000-$25,000--50 percent
          over $25,000--100 percent
       (c) Candidates for executive council and county officers:
          under $500--one percent
          $500-$1,000--10 percent
          $1,000-$5,000--25 percent
          $5,000-$10,000--50 percent
          over $10,000--100 percent
       (d) Candidates for state senate:
          under $100--one percent
          $100-$500--10 percent
          $500-$1,000--25 percent
          $1,000-$5,000--50 percent
          over $5,000--100 percent
       (e) Candidates for the general court:
          under $100--one percent
          $100-$250--10 percent
          $250-$500--25 percent
          $500-$1,000--50 percent
          over $1,000--100 percent
    II. Any fine assessed under the provision of this section shall be paid to the secretary of state for deposit into the general fund.
    III. Nothing in this section shall be construed to limit the enforcement powers of the attorney general under RSA 664:18.
    IV. In addition to the fines levied under paragraph I, 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.
    V. The provisions of this paragraph shall apply to violations of this chapter other than the violation of RSA 664:5-a and 5-b, and a person liable under the provisions of this paragraph shall not also be subject to the penalties imposed under paragraphs I, II and IV. 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.
    VI. (a) Whoever violates any of the provisions of RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property 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 RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property 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 RSA 664:16-a or the provisions of RSA 664:17 relative to removing, defacing, or destroying political advertising on private property 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.
    VII. (a) A political committee other than a political committee of a candidate that fails to register in accordance with RSA 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 RSA 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.
    VIII. 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 RSA 641:2.

Source. 1979, 436:1. 1989, 212:9. 1991, 387:27, 28. 1992, 267:2. 1994, 4:29. 2003, 266:7. 2004, 50:3, eff. June 1, 2004. 2009, 144:226, 227, eff. July 1, 2009. 2014, 279:11, eff. July 28, 2014.