As the Nov. 8 election approaches, Attorney General John Formella is reminding people about election laws related to political advertising and signs.
■Removing, defacing, or destroying political advertising without consent is a crime, with a civil penalty of up to $1,000.
■Political advertising may not be placed on public property such as parks, but may be placed in a state right-of-way alongside a state road as long as the owner of the property gives permission. Private property owners may remove signs on their property even if they are in a state right-of-way. Law enforcement may remove advertising that was placed without permission and political advertising on any public property may be removed by state, city, or town maintenance or law enforcement personnel.
■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. New Hampshire law requires that all political advertising must be signed with the name and physical or mailing 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. A website is acceptable as long as the website immediately and prominently displays all of the disclaimer information required: the name of a contact person for the person responsible or the group responsible for the advertising and a physical or mailing 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, it is express advocacy if the only reasonable interpretation of the communication is as an appeal to vote for or against a specific candidate. In general, when a communication mentions elections, candidates, or political parties, it must include a paid-for disclaimer.
Questions about political advertising that lacks paid-for disclaimers can be sent to electionlaw@doj.nh.gov.