Legislators, backers respond to fining of Londonderry publisher
Feb. 27—CONCORD — A group of House Republican lawmakers and their supporters endorsed legislation (HB 1150) to repeal a little-known campaign finance law after a Londonderry weekly newspaper publisher was fined because she failed to attach a political disclaimer on the top of ads that ran in her publication.
Last November, a circuit court judge fined Londonderry Times Publisher Debra Paul $620 after convicting her of five misdemeanors for running ads for local races without the disclaimer.
"It is an outrageous position for a publisher in a free state like New Hampshire to be in," said Brendan McQuaid, publisher of the New Hampshire Union Leader and president of the New Hampshire Press Association.
"The attempt here was to make sure that it would not happen again."
McQuaid urged the House Election Laws Committee to rewrite the entire election law (RSA 664) that includes this section, which he said has created confusion and over-regulation of political advertising.
"It's a terrible piece of legislation because you guys wrote it in little pieces over the past 45 years ... It is very confusing about what races it applies to and what races it does not," McQuaid said.
Committee Chairman and state Rep. Ross Berry, R-Manchester, said the panel is working to accomplish a complete rewrite of that law in a separate bill (HB 1091).
"We have been at this for two years," Berry said.
Paul, 64, faced up to a year in jail for each count, with each conviction carrying up to $2,000 in fines, after she was found guilty following a bench trial Nov. 22.
Prosecutors did not seek jail time, and Judge Kerry Steckowych sentenced Paul to fines of $100 plus statutory penalty assessments of $24 for each of the five counts.
AG's Office: Publisher was warned twice before
State prosecutors said they had warned Paul in 2019 and 2021 regarding similar violations.
The law spells out three conditions involving political advertising that must be followed by anyone publishing periodicals or newspapers — obtaining the approval of candidates for ads placed by or on behalf of the candidate, reporting political advertising rates to the Secretary of State's office, and charging all campaigns the same rates.
The issue, prosecutors argued, is the ads failed to include the wording "paid political advertisement" in them, though some were identified as a "paid advertisement" or, more simply, as "advertisement."
McQuaid said Paul was targeted by her critics.
One of the bill's sponsors, Rep. Clayton Wood, R-Pittsfield, said he's working on an amendment to make clear that it's the responsibility of the candidate or the political committee to ensure their ads have proper disclaimers.
All ads, including those in print as well as on radio and TV, must have a disclaimer that identifies who has paid for it.
Under current law, the requirement for an additional disclaimer only applies to ads in newspapers or on billboards.
Kathryn Langille, a public policy fellow for Open Democracy, a nonpartisan election reform group, opposed the bill.
She said there needed to be specific standards regarding all media messaging.
Several residents online opposed the bill and warned that removing any reference to "political advertising" would send the wrong message.
"Especially in this age of mis(information) and disinformation, it's critically important to keep a watchful eye on the potential for deceptive practices," wrote Mary Jenkins of Goffstown.
"The words 'political advertising' are a cue to the general public, distinguishing ads from professional journalism. Please oppose HB 1150."
After Tuesday's hearing, the committee worked for nearly an hour on a separate bill to rewrite the campaign finance law at issue. The panel will meet next week to discuss it again.
Union Leader reporter Paul Feely contributed to this report.
