Concord, NH – Most New Hampshire towns will be having their town, village district, and school district elections next Tuesday, March 14, 2023. Some towns have their school district or town elections before or after this date.

Political advertising, mailers, and signs are one of the treasured traditions of New Hampshire elections. They are also a physical expression of people's First Amendment right of free speech. However, voters also have a right, under New Hampshire law, to know who is issuing political advertising in support or opposition to a candidate or a question on the ballot.

The Attorney General's Office has received five complaints this week regarding political advertising that does not identify who is responsible for it. Because some of the elections/meetings are occurring as soon as Thursday, March 9, Attorney General John M. Formella is releasing the following information:

• In Thornton, an unidentified party mailed flyers directing voters to the website "stopthetax.info". The website advises Thornton citizens to vote "NO" on certain warrant articles at the March 9 school district meeting. Signs were also placed in town referring to the same website and the "Thornton Taxpayers group". Because the flyers, signs, and website do not identify a person or people responsible for this political advertising, they violate RSA 664:14. Based on the Election Law Unit's investigation, with the much-appreciated assistance of Thornton Chief of Police Daniel Gilman, we have identified a group of approximately 20 Thornton residents, including David Rivers, who is responsible for the "stopthetax.info" website. Mr. Rivers was directed to correct the website to comply with RSA 664:14 and to provide the name of another individual responsible for issuing the flyers. Bob Hatch was identified as the person who is responsible for the flyers.

• In Milford, "Community Help LLC" published the website "milfordvoterguide.com". The website contains endorsements of candidates and warrant articles on the Milford ballot for the March 14 election. It violates RSA 664:14 because no information identifying an individual is on the website and "Community Help LLC" does not appear on the Secretary of State's website as a registered entity. The Election Law Unit has identified Jeff Horn who confirmed that he registered "Community Help LLC," on March 2, 2023, and who published the "milfordvoterguide.com" website. Mr. Horn is correcting the website to provide his name as the manager and will add his name to signs that he is distributing.

• In Raymond, an unidentified party has published the website "raymondrights.com". The website contains endorsements of candidates and warrant articles on the Raymond ballot in the March 14 election but violates RSA 664:14. The Election Law Unit is continuing to investigate.

• In Newfields, an unidentified party has published the website "supportnewfields.com" and placed signs in town opposing the candidacy of an individual running for selectboard. The website and signs violate RSA 664:14. The Election Law Unit is continuing to investigate.

• In Hollis, an unidentified party has sent mailers asking voters to vote "NO" on Warrant Article 2 at Hollis' March 18 town meeting. The mailers, which were issued under a United States Postal permit from Tampa, Florida, violate RSA 664:14. The Election Law Unit is continuing to investigate.

In each of these matters, the political advertising does not contain information identifying the party that paid for or distributed them. Under New Hampshire law, political advertising that does not have the required disclosure information can be removed by municipal maintenance personnel and law enforcement. As the elections are so close, the identities of these individuals may not be known prior to the elections. As a result, Attorney General Formella reminds voters to do their own research on candidates and warrant articles before they vote.

Below is an explanation of what is required for information on political advertising:

Political communications and political signs– "express advocacy" communications–are required to have information identifying the person or entity responsible for the advertising, known as "paid-for" disclaimers, under New Hampshire law. New Hampshire RSA 664:14 requires that all political advertising must be signed with the name and address of a person responsible for the advertising.

• For groups, committees, or entities, the statute requires that an individual be named along with the entity responsible. Under RSA 664:14, II, the "name of the enterprise or organization shall be indicated, and the chairman or treasurer of the enterprise or organization shall sign his name and address."

• An Internet address for a website is acceptable as long as the website immediately and prominently displays all the disclaimer information required. That is, it must clearly identify the name of a contact person for the person responsible or the group responsible for the advertising and an address where the contact person can be located.

• Paid-for disclaimers are required for advertising that is considered "express advocacy," which means communications that expressly advocate for or against a candidate or ballot measure at an election. Courts have also held that, even if the advertising does not say "vote for" or "vote against" a certain candidate, if the only reasonable interpretation of the communication is as an appeal to vote for or against a specific candidate, then it is express advocacy. As a result, in general, when a communication mentions elections, candidates, or political parties, it must include a paid-for disclaimer. See RSA 664:14.