N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title lxiii / Chapter 664
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 664:5 (2026)

Prohibited Political Expenditures

✓ current as of May 2026
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[RSA 664:5 effective until January 1, 2025; see also RSA 664:5 set out below.]
    664:5 Prohibited Political Expenditures. –
No expenditure or use of a contribution, tangible or intangible, shall be made for the purpose of promoting the success or defeat of any political party, measure or candidate:
I. By a political committee, except the political committee of a political party, unless the political committee meets the requirements of RSA 664:3, I.
II. By a political committee which is organized to support a candidate in any election, or to such candidate or the candidate's fiscal agent unless the committee secures and files the written consent of the candidate or the candidate's fiscal agent with the secretary of state in accordance with RSA 664:3, III.
III. By any person, candidate or political committee, for political advertising in a newspaper, periodical, or on a radio or television broadcast, or on a billboard, if at a rate more or less than the applicable rates to be filed with the secretary of state.
IV, V. [Repealed.]
VI. By any foreign national, as defined in 52 U.S.C. section 30121(b) and 11 C.F.R. section 110.20(a)(3), for any purpose, including for the use of telephones, facsimile machines, vehicles, and computers, for electioneering. For the purposes of this paragraph, "electioneering" means to act in any way specifically designed to influence the vote of a voter on any question or office.
[RSA 664:5 effective January 1, 2025; see also RSA 664:5 set out above.]
    664:5 Prohibited Political Expenditures. –
No expenditure or use of a contribution, tangible or intangible, shall be made for the purpose of promoting the success or defeat of any political party, measure, or candidate:
I. By a political committee unless the political committee meets the requirements of RSA 664:3, I.
II. By any person, candidate, or political committee, for political advertising in any format, including, but not limited to newspaper, periodical, or on a radio or television broadcast, or on a billboard, if at a rate more or less than the applicable rates to be filed with the secretary of state.
III. By any foreign national, as defined in 52 U.S.C. section 30121(b) and 11 C.F.R. section 110.20(a)(3).

Source. 1979, 436:1. 1982, 27:4. 1991, 387:15. 1997, 351:60, 63, eff. Aug. 24, 1997. 2018, 111:1, eff. May 25, 2018. 2024, 365:5, eff. Jan. 1, 2025.

Notes of Decisions
Cited in 8 cases, 1996–1999 · leading case: New Hampshire Right to Life Political Action Comm. v. Gardner, 99 F.3d 8 (1st Cir. 1996).
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New Hampshire Right to Life Political Action Comm. v. Gardner, 99 F.3d 8 (1st Cir. 1996). · cites it 13× “RSA 664:5, V. Two other statutes complement the general restriction on independent expenditures.”
NH Right to Life v. NH Sec'y (1st Cir. 1996). · cites it 13× “RSA 664:5, V. Two other statutes complement the general restriction on independent expenditures.”
NH Right to Life v. Gardner (D.N.H. 1996). · cites it 11× “1995) reguires political committees to register with the Secretary of State and to declare that they will not exceed the expenditure limitations of RSA § 664:5,V. RSA § 664:3,11 (1994) provides that political committees may not make independent campaign expenditures without…”
Nat'l Right to Life v. Gardner (D.N.H. 1996). · cites it 3× “N.H. Rev. Stat. Ann. § 664:5 ,V; b. Those provisions of N.”
Kennedy v. Gardner, et al. (D.N.H. 1999). · cites it 2× “While the statutory definition of “independent expenditure” probably covers those made by a corporation (as an “other entity”), see RSA 664:2,XI, the “Prohibited Political Expenditures” section of the statute, RSA 664:5, does not purport to ban independent expenditures by…”
Kennedy v. Gardner, et al. (D.N.H. 1998). · cites it 2× “Candidates who voluntarily agree to a spending cap pursuant to N.H. Rev. Stat. Ann. §§ 664:5 -a and 664:5-b (1996) are exempted from complying with these reguirements.”
Kennedy, et al. v. Gardner, et al. (D.N.H. 1999). · cites it 2× “Accordingly, RSA 664:4 I, like its statutory counterpart, RSA 664:5 V (limiting independent political expenditures by political committees to $1,000), fails to survive constitutional scrutiny.”
Swett v. NH Ballot Comm. (D.N.H. 1996). “§ 664:5 -a, file affidavits agreeing to abide by certain specified expenditure limits.”
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