Federal Campaign Laws Preempt State “Push Polling” Inquiry

The New Hampshire Supreme Court has affirmed a district court ruling that the State Attorney General cannot seek civil penalties for alleged misconduct in a federal election.

The court described the circumstances of the investigation into the campaign committee of former Rep. Bass

In September 2010, the AG’s Office received information regarding polling telephone calls made to New Hampshire residents that were described as containing negative content about United States congressional candidate Ann McLane Kuster. The AG investigated, and concluded that the Committee had engaged in “push-polling” as defined in RSA 664:2, XVII (2008) (amended 2014) without complying with the disclosure requirements set forth in RSA 664:16-a.

The court

we conclude that RSA 664:16-a imposes a disclosure requirement on campaign expenditures related to the election of a candidate for federal office. Accordingly, we hold that the FECA preempts RSA 664:16-a as applied to federal candidates and political committees.

 (Mike Frisch)