New Hampshire

Citizens United v. Federal Election Commission in New Hampshire Law

How Citizens United v. Federal Election Commission applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Other.

State Approach

New Hampshire has aligned its campaign finance laws with the principles established in Citizens United, upholding the decision that political spending is a form of protected speech under the First Amendment. However, the state retains authority to impose certain regulations on campaign finance to ensure transparency and prevent corruption.

State Rule
In New Hampshire, entities seeking to engage in independent political expenditures must register as political committees and disclose their contributions and expenditures but cannot be barred from engaging in such activities as long as they do not coordinate with candidates.
Significant State Cases

New Hampshire Right to Life v. Gardner

This case confirmed that New Hampshire's regulations on independent expenditures must adhere to the principles established in Citizens United, affirming the protection of free speech rights.

Chandler v. New Hampshire Secretary of State

The court held that New Hampshire's campaign finance laws must allow for substantial independent expenditures by corporations and labor unions without violating first amendment rights.

Comparison to Federal Law

New Hampshire's approach closely mirrors the federal standard set in Citizens United, where independent expenditures are considered protected speech. However, the state emphasizes the requirement for transparency in campaign finance, which is less strictly enforced at the federal level.

Bar Exam Note

Understanding the implications of Citizens United and New Hampshire's campaign finance laws is relevant to the New Hampshire bar exam, particularly in constitutional law and election law topics.

Practice Pointers
  • Familiarize yourself with New Hampshire's specific campaign finance disclosure requirements.
  • Identify other state-level rulings that reflect a similar alignment with Citizens United.
  • Know the exceptions or additional regulations New Hampshire imposes on independent expenditures for campaigning.

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