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NH bill would remove print requirement that political ads be labeled; supporters, opponents disagree
Summary
House Bill 107 would remove a longstanding requirement that political advertising printed in newspapers, periodicals or billboards be labeled as political advertising. Supporters call it a cleanup to protect small publishers; opponents and a voter-rights group say it would reduce electoral transparency.
House Bill 107 would delete language in New Hampshire election law that requires political advertisements in print to be marked as such. Representative Christine Perez, the bill’s sponsor, told the House Election Law Committee the change is “just a cleanup” and said the prior law exposed a small newspaper publisher in Londonderry to prosecution.
“The political advertise printed in newspapers, periodicals, billboards don't need to be marked at the beginning,” Representative Perez told the committee, saying publishers should not be held responsible for candidates’ claims. Perez said a court case in Londonderry led to a small paper owner being fined for not labeling paid political material.
Opponents, including Kaylee Estradio, a public policy fellow with Open Democracy, urged the committee to leave the labeling requirement in place. Estradio said the statute (cited in testimony as RSA 664:16) requires disclosure that helps voters know who is buying influence. “Electoral transparency is an integral component of a healthy democracy,” she said, arguing that mandatory disclosure helps hold advertisers accountable when paid material contains falsehoods.
Estradio also cited a 2023 prosecution of a Londonderry publisher, Deborah Paul, who was found guilty of misdemeanor charges for failing to mark political advertising, testimony said. Estradio told the committee there is currently no penalty at the federal or state level specifically for lying in a paid political advertisement, which she said makes disclosure requirements important.
The committee took public testimony and recessed to consider other bills; no vote on HB 107 was recorded during the hearing.
