Committee Summary for House Election Law (04/07/2026)

Member	Member	Member
Berry, Ross(Chairman)(R)[A+]2025	Burnham, Claudine(Clerk)(R)[A-]2025	Qualey, James(V Chairman)(R)[B+]2025
Ward, Gerald(D)[F]2025	Prudhomme-O'Brien, Katherine(R)[B+]2025	Gilmore, Gary(D)[F]2025
See, Alvin(R)[A-]2025	Grill, Jessica(D)[D-]2025	Aures, Cyril(R)[B+]2025
Wood, Clayton(R)[B+]2025	Bay, Luz(D)[F]2025	Wherry, Robert(R)[A-]2025
Harvey-Bolia, Juliet(R)[A-]2025	Muirhead, Russell(D)[D-]2025	Wilhelm, Matthew(D)[F]2025
Lane, Connie(D)[CT]2025	Newsom, James(D)[CT]2025	Guzofski, James(R)[B+]2025

Bill/Time	Type	Title	Sponsor
SB534	General Working Session	relative to foreign funding and influence in constitutional amendment and local ballot question campaigns.	Avard, Kevin(R)[B]2025

SB534: Information Only 00:04:19.493 - 10:00:20 AM; Opens the subcommittee work session on SB 534, sets informal discussion rules, and kicks off by asking for initial thoughts on the bill.
SB534: Information Only 00:06:13.113 - 10:02:14 AM; Expresses support for the merits of the bill, notes complexity of RSA 664, believes foreign funding is already illegal at state level but needs extension to local level, mentions amendment from Rep. Lane and Newsom, focuses on banning foreign funding in local elections and measures without overly restricting local control.
SB534: Information Only 00:08:26.323 - 10:04:27 AM; Raises concerns about high penalties for rookie mistakes in handling foreign funding for constitutional amendments and local elections, suggests clarifying 'foreign' to mean out-of-country, agrees it's already illegal but adds penalties, finds coverage of town ballots and questions confusing, needs clearer definition of 'measure'.
SB534: Information Only 00:11:25.994 - 10:07:26 AM; Provides background on federal statute prohibiting foreign contributions in elections but not covering 'measures', notes NH statute prohibits expenditures but not contributions by foreign entities, suggests aligning prohibitions for both, proposes defining 'measure' to include constitutional amendments or questions submitted to popular vote.
SB534: Information Only 00:13:33.113 - 10:09:34 AM; Summarizes goal to keep foreign money out of local elections and measures, emphasizes maintaining local control and not disrupting state rules, supports broader definition of 'measure' to include town meetings and non-election formats.
SB534: Information Only 00:15:01.632 - 10:11:02 AM; Agrees with prior points, concerned about excessive penalties capturing naive individuals, supports deleting 'at an election' for inclusivity and extending contribution prohibitions to match expenditures.
SB534: Information Only 00:15:58.445 - 10:11:59 AM; Acknowledges discussion and transitions to amendment walkthrough.
SB534: Information Only 00:15:58.445 - 10:11:59 AM; Walks through the replace-all amendment: separates applicability for local elections/measures (applying to RSA 664:2 definitions, new 664 section on contributions, existing 665 on expenditures, and 664:23), includes city/town/school/village districts and meetings; adds 'or meetings' for SB2/non-SB2; extends to end of chapter including severability; adjusts presidential primary applicability; brings in foreign national definition to 664:7 and contributions to 664:53.
SB534: Information Only 00:21:55.446 - 10:17:56 AM; The speaker discusses the application of existing definitions of foreign expenditures to local elections under 664.5.3, notes potential duplicative provisions, and suggests tightening the language. They express surprise at introducing a severability clause in line 11, preferring not to add it since the existing statute already has self-protecting severability under 664:23. They propose changing the reference from 14 to 23 back to 14 to 22 to avoid duplication.
SB534: Information Only 00:23:07.566 - 10:19:08 AM; The discussion continues on the severability clause and applicability, confirming that lines 11 and 12 apply to push-polling differently. The speaker explains that the provision on political action relating to presidential primaries is not duplicative and was invalidated by courts in cases like Bass versus Gardner. They flag potential unconstitutionality but note the severability protects the rest.
SB534: Information Only 00:26:24.318 - 10:22:25 AM; Representative See points out that section 664:22 on notice to candidates does not apply to local elections and suggests dropping the reference to it, limiting to 664:21 which covers penalties, as penalties should be retained.
SB534: Information Only 00:27:09.882 - 10:23:10 AM; The speaker clarifies that line 11 needs to reference up to 22 because city, town, school district, and village applicability is moved up, but line 13 should drop to 21 since it now only applies to presidential primaries. They note that 22 is specific to state primary and general elections, and suggest keeping the notice provision at the top but removing from line 13. They propose changing the dash to 'through' for consistency in language.
SB534: Information Only 00:31:11.828 - 10:27:12 AM; The speaker confirms changes: line 11 from 23 to 22, line 13 from 23 to 21, and using 'through' for readability. They note this is language cleanup from a prior subcommittee effort on RSA 664, which was extensive and only halfway completed.
SB534: Information Only 00:32:27.368 - 10:28:28 AM; Moving to line 16, the speaker discusses striking 'at an election' from the definition of 'measure' to include traditional town meetings and any popular vote. They confirm 'popular vote' only appears once in 664 and does not capture unintended items. They mention a side note on striking 'Australian system' in another section but defer it.
SB534: Information Only 00:34:40.085 - 10:30:41 AM; The discussion confirms consensus on changes through line 19. They move to lines 20-23 on prohibited political contributions, noting the awkward title but deciding to leave it as it mirrors existing structure. They add language banning foreign nationals from political contributions, copying verbatim from expenditures ban.
SB534: Information Only 00:35:31.254 - 10:31:32 AM; The speaker explains the structure: the section adds prohibitions on contributions to match existing expenditure bans, confirming no extra 'contributions' in the title.
SB534: Information Only 00:39:03.923 - 10:35:04 AM; Representative Waring notes that adding the contribution ban is significant as it prevents foreign nationals from giving to political committees that could then expend funds, closing a potential loophole.
SB534: Information Only 00:40:25.248 - 10:36:26 AM; On line 24 in 665, the speaker explains injecting 'whether tangible or intangible' and 'directly or indirectly' to mirror 664:4 grammatically, ensuring consistent interpretation. They discuss the meaning of 'indirectly,' questioning if it covers pass-throughs or coordinated efforts like paid canvassers benefiting a candidate.
SB534: Information Only 00:41:34.032 - 10:37:35 AM; The discussion explores 'indirect expenditure,' distinguishing from independent expenditures (without candidate knowledge). Examples include party-paid canvassers carrying lit for a candidate or chain contributions between PACs. They reference existing uses of 'indirectly' in 663, 664, and 666 to prevent pass-throughs exceeding limits.
SB534: Information Only 00:45:22.016 - 10:41:23 AM; Concerns are raised about undefined 'indirectly' leading to judicial interpretation. The speaker prefers defined terms to limit court leeway, noting three lawmaking bodies in elections: House, Senate, and courts. They suggest possibly changing to 'direct or independent' but defer for further review.
SB534: Information Only 00:48:43.004 - 10:44:44 AM; Discusses adding a new paragraph to RSA 664:6 requiring political committees to include an affirmation of compliance with 664 and 665 in their reports to the Secretary of State. Questions the necessity of this affidavit and suggests it might be better placed elsewhere, such as in candidate notices, to avoid issues with local elections.
SB534: Information Only 00:51:21.984 - 10:47:22 AM; Expresses doubt about needing an affidavit for compliance, preferring a broader statement of compliance with all laws rather than specific statutes. Notes that existing signatures on campaign finance reports already attest to compliance, and questions why it would only apply to state-level committees under 664:6.
SB534: Information Only 00:53:12.149 - 10:49:13 AM; References the definition of contributions in RSA 664, including direct payments, gifts, loans, independent expenditures, and indirect payments. Suggests attempting to add clarifications to the system.
SB534: Information Only 00:54:27.317 - 10:50:28 AM; Points out that under 664:6, political committees exceeding $1,000 in receipts must file an itemized statement signed by the chairman and treasurer, which already provides attestation.
SB534: Information Only 00:55:34.665 - 10:51:35 AM; Objects to the proposed affirmation as redundant and limited to specific statutes, advocating for a broader compliance affirmation if included. Notes it would only apply to state-level committees and suggests removing it from the amendment.
SB534: Information Only 00:56:41.530 - 10:52:42 AM; Agrees to potentially include a broader affirmation but notes limitations to state-level application. Decides to scratch out the specific provision from the amendment starting at page 1, line 29.
SB534: Information Only 00:58:32.391 - 10:54:33 AM; Discusses the penalties chapter (Chapter 21) and notes that the fine structure in this bill is unique, being variable unlike the prescribed fines elsewhere. Highlights that it doesn't specify turning fines into the Treasury, though it may be covered generally.
SB534: Information Only 01:00:42.122 - 10:56:43 AM; The speaker discusses the fine structure for violations, noting it is not based on a specific act but variable depending on the amount involved, such as a $100 vs. $5,000 improper gift. It is described as disgorgement plus interest at a low Wall Street Journal rate (around 4-5%), making the effective penalty mainly the interest. A hypothetical is given where a $100,000 TV ad is caught and canceled, resulting in a small penalty of about 2.5%. Suggestions include using higher credit card rates plus 15% for punitiveness, expressing zero tolerance for foreign interference. Additional ideas include adding a cash penalty.
SB534: Information Only 01:03:13.528 - 10:59:14 AM; The discussion focuses on the 'willfully' requirement, which necessitates proving intent, making it harder for DOJ to prosecute unknowing violations. Examples include accepting $300 from a friend without knowing their citizenship status vs. accepting $100K suspiciously. The 'willfully' clause protects innocents but may scare with heavy penalties if not present. It applies more to expenditures than contributions, and violations typically involve large sums.
SB534: Information Only 01:05:49.314 - 11:01:50 AM; A scenario is raised where a foreign national unknowingly gives $500 to a local campaign. The question is when 'willful' applies—upon discovery or earlier—and if there's an off-ramp like returning the money. If discovered six months later, contact DOJ since no willful violation occurred initially. Post-election with exhausted funds, notify DOJ voluntarily; they likely won't pursue without willfulness.
SB534: Information Only 01:08:23.432 - 11:04:24 AM; To prosecute, must prove knowledge; 'willfully' and 'knowingly' are interchangeable. If discovered and ignored, then willful violation occurs. Broader hypothetical: discovering spousal contribution limits exceeded after shifting funds—what to do? For minor non-compliance like $15 reporting error, amend reports. Green card holders may unknowingly contribute, with mistakes on both sides. The statute penalizes political committees, not foreign entities directly.
SB534: Information Only 01:12:18.229 - 11:08:19 AM; Statutes allow correction before triggers like investigations; if out of compliance is fixed via amendment before complaints, no action taken. For violations of 664:16A, AG notifies suspected violators to negotiate settlements within civil penalty limits, providing prosecutorial discretion. Suggestion for language on voluntary correction before suspicion or allegation by DOJ/AG.
SB534: Information Only 01:14:20.456 - 11:10:21 AM; Foreign interference could target local levels like school boards or measures, but the bill limits to political committees, which may not cover all local entities that don't report. Suggest broadening to any entity receiving foreign money, requiring return, to target bad actors like foreign governments. Political committees at local levels often don't report, and enforcement may be limited to state law.
SB534: Information Only 01:16:27.536 - 11:12:28 AM; The speaker discusses the implications of removing 'willfully' from the penalty provision, describing it as a 'hammer' that could lead to strict liability without forgiveness for mistakes. They mention forms requiring citizenship checks for contributions and reference 'walking around money,' noting the current cap increase from $25 to $50, with a proposal to raise it to $1,000. They disagree with raising the cap, emphasizing the need to know donors giving more than $250.
SB534: Information Only 01:18:30.564 - 11:14:31 AM; The speaker references RSA 664:21, paragraph VII, on penalties for willfully filing false statements, linking it to false swearing under 664:12 and 641:2. They explain that falsification can be retracted before exposure to avoid guilt, applying to the whole chapter as a misdemeanor with up to a year in jail. They suggest considering similar retraction for this bill's penalty and adding a reference to 641, noting the new paragraph might not be exclusive.
SB534: Information Only 01:22:10.366 - 11:18:11 AM; The speaker proposes adding language to the penalty section stating it is 'in addition to any other penalty that may apply,' strengthening enforcement including the affidavit signature. They note this covers the discussed issues more robustly without overcomplicating.
SB534: Information Only 01:23:39.772 - 11:19:40 AM; The speaker discusses potential edits to gender pronouns in section 7 but advises against tinkering to avoid complications in campaign finance reform. They reference the Secretary of State's comments on how frequent changes have messed up the statute and ask Davis about penalties in other states' statutes.
SB534: Information Only 01:26:14.087 - 11:22:15 AM; Responding to the question, Davis refers to the memo sent via email with hyperlinks to other states' statutes. Arkansas has enforcement and penalties; Indiana does not immediately show them; Kentucky has penalties for lobbyist violations and donor privacy breaches, located in Commerce statutes. Offers to dive deeper if needed.
SB534: Information Only 01:27:52.651 - 11:23:53 AM; The chair asks Representative Lane to explain the concept of jointly and severally liability, noting it is not legal advice. Discussion follows on how it applies to contracts, judgments, and loans, where multiple parties can be held responsible for the full amount, allowing the creditor to pursue any one party fully.
SB534: Information Only 01:27:52.651 - 11:23:53 AM; Representative Lane explains jointly and severally liability using examples of contracts and business loans. She describes how in a loan default with multiple guarantors, the bank can seek full reimbursement from any one guarantor, leaving it to the parties to sort out among themselves.
SB534: Oppose 01:30:11.614 - 11:26:12 AM; A committee member expresses discomfort with the term 'indirect expenditure' in the bill, arguing it is undefined and could lead to court interpretations distinguishing it from 'independent expenditure.' They suggest removing it to avoid confusion, noting that indirect contributions make sense but indirect expenditures do not. They question whether to include independent expenditure language elsewhere.
SB534: Information Only 01:32:25.788 - 11:28:26 AM; The chair leads discussion on handling local level expenditures, using examples like individuals or groups funding warrant articles without forming political committees. They confirm that foreign nationals are explicitly banned from such expenditures and explore ways individuals or companies might circumvent the rules, concluding that definitions in 661B cover foreign entities.
SB534: Information Only 01:34:50.500 - 11:30:51 AM; A member looks up the definition of 'indirectly' and discusses its relation to independent expenditures, which are made without consultation. They note the challenges of working with election statutes, likening it to pulling a loose thread.
SB534: Information Only 01:35:51.349 - 11:31:52 AM; The chair thanks for the draft amendment, notes no amendment will be finalized today, and outlines plans: review changes, take informal vote, prepare report, and schedule future meetings. They discuss logistics for subcommittee and full committee sessions, preferring to handle after session on Thursday to avoid separate meetings.
SB534: Information Only 01:35:51.349 - 11:31:52 AM; Mentioned in planning, agrees to meet next Tuesday for executive session on one bill.
SB534: Oppose 01:43:39.077 - 11:39:40 AM; A member raises concerns again about 'indirect expenditure,' insisting it remains undefined and could invite court challenges. They hesitate to include it without clear meaning.
SB534: Information Only 01:45:01.598 - 11:41:02 AM; The chair reviews specific amendment changes: on line 11, add 'through' and change 23 to 22 for consistency; on line 13, change 23 to 21 to address notice to candidates and penalties. Announces informal vote before lunch.
SB534: Information Only 01:45:46.959 - 11:41:47 AM; Discussion on proposed amendments: striking lines 27, 29, and 30 on page 1, and lines 1 through 3 on page 2 as unnecessary due to reference to RSA 660:641-2:2. Retain 'willfully' in the language. Add a clause at the end specifying additional penalties beyond those in the statute. Debate on whether to apply penalties to individuals, foreign nationals, or political committees, suggesting inclusion of both political committees and foreign nationals in the definitions.
SB534: Information Only 01:47:21.039 - 11:43:22 AM; Agreement to include both political committees and foreign nationals in the penalty provisions. Reference to 52 USC definition. Emphasis on 'willfully' to exclude unintentional violations, such as by long-term green card holders. Need to update lines 6, 7, and 10 to include foreign nationals alongside political committees.
SB534: Information Only 01:48:50.105 - 11:44:51 AM; Discussion on whether to limit repayment to political committees if funds are insufficient, or include foreign nationals. Concern that pursuing foreign nationals could backfire in court as they might not pay. Decision to retain 'political committee' for repayment but add 'and or foreign national' in lines 6 and 7 for violations. Acknowledgment that direct violations by individuals require inclusion of foreign nationals throughout the text.
SB534: Information Only 01:50:07.121 - 11:46:08 AM; Confirmation to insert 'and or foreign national' throughout the relevant sections for individual capacity violations. Agreement to make the changes. Vote on the amendments: all in favor say aye, passed unanimously. Plans to schedule executive session, submit to messages, and adjourn the meeting.