NH House Kills Political Speech Registry

By Grant Bosse on June 2, 2010
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(CONCORD) The New Hampshire has killed a bill to require corporations, private companies and certain non-profits to register with the Secretary of State if they wish to spend $10,000 to advertise their views on political issues. The vote was 135-184 to defeat the legislation.

The bill, approved earlier in the day by the Senate along party lines, met stiff resistance from the Republican caucus and a vocal group of Democrats stressing that it would chill free speech by setting up regulatory hurdles and legal penalties for companies to exercise their First Amendment rights.

Rep. Gil Shattuck (D-Hillsboro) asks a question during House consideration of HB 1459.

Rep. Will Smith (R-New Castle) argued that bill goes far beyond disclosure.

“This is viewed by some Constitutional experts as an unconstitutional restraint on free speech, who view this as siphoning free speech,” Smith argued. “This bill has brought together opposition from across the political spectrum including the ACLU, Cornerstone, and even American Cancer Society. If groups this different can agree that the bill is wrong, it must be pretty bad.”

Rep. Ed Butler (D-Hart’s Location), who sponsored the underlying legislation before it was amended to include the Senate speech provisions, defended the bill’s substance and process.

“If the company chooses to spend over $10,000 in advocacy, they are required, if this bill passes, to register with the Secretary of State’s Office,” Butler explained. “It at least gives the opportunity for disclosure where no disclosure exists at this point.”

Rep. Jim Splaine (D-Portsmouth), stepping down after decades of House service, said this wasn’t expecting this issue to be his final address to the House, arguing the bill goes to the core of New Hampshire democracy.

“I find it shameful that the Senate has already approved this today, and I would be sad if the House went along,” Splaine urged. “We’re creating a bureaucracy that does very little, but create hoops and loops for groups. If all of the T’s are not crossed and all of the I’s are not dotted, they’ll be brought into court.”

Rep. David Pierce (D-Etna) wrapped up the debate by arguing that with the right of free speech comes the responsibility to stand behind your political speech.

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