New Hampshire
A new campaign finance law is allowing record-breaking spending in NH governor’s race • New Hampshire Bulletin
In her quest for the New Hampshire governor’s office, Kelly Ayotte is breaking financial records. As of Oct. 30, the Republican nominee and former U.S. senator has raised $21 million since running for the office and spent nearly $19 million of it.
The amount far surpasses the funds raised by Ayotte’s Democratic opponent, former Manchester Mayor Joyce Craig, who brought in $7.3 million as of that same deadline. And it dwarfs the $1.7 million raised by Gov. Chris Sununu during his entire 2022 re-election effort.
But the money is unusual for other reasons: A majority of it – 70 percent – comes from a single political action committee. And none of those transactions can be traced to individual donors.
The strategy is the direct result of a 2023 campaign finance law that removes limits on donations to candidates from political action committees. And after recent validation from the Attorney General’s Office, the Ayotte campaign’s application of the law could become common practice in future elections.
In an Oct. 10 opinion, the office’s Election Law Unit wrote that Ayotte’s practice of accepting millions of dollars from a political action committee supplied by the Republican Governor’s Association is legal, rebuffing a complaint by Democrats.
Since then, Democrats have followed the RGA’s lead and embraced the technique on their own, pouring larger sums of money to Craig.
The little-noticed law – added to last year’s state budget – allows New Hampshire candidates to accept an unlimited number of contributions from “political advocacy organizations,” without those organizations needing to disclose their donors.
The maneuver has another benefit: Candidates can use that money to buy cheaper ads. Federal law requires that television stations give political candidates a cheaper rate to buy ads than political organizations in the 60 days ahead of an election. That incentivizes PACs to transfer funds directly to candidates in the final stretch.
Campaign finance reform advocates have objected to the state law, arguing the removal of the limits has diminished transparency and accountability for candidates. But the new tool has proven attractive for some campaigns this year.
The state’s online campaign finance system shows that the Republican Governors Association contributed a total of $21.3 million to a political action committee named the Live Free PAC this campaign cycle. That “political advocacy organization” has sent much of that money – $14.7 million – on to the Ayotte campaign, and $6 million to the New Hampshire Republican State Committee.
Democrats challenged that set-up, arguing the Live Free PAC had wrongfully registered as a “political advocacy organization,” which allows it to accept unlimited donations from the RGA. The New Hampshire Democratic Party said it should have registered as a “political committee,” which would cap the number of donations it could receive from the RGA to $30,000 for the entire election season.
But the Attorney General’s Office response this month asserts that the Live Free PAC is a validly registered political advocacy organization, and is thus able to raise unlimited amounts and transfer unlimited amounts to candidates.
‘Political committee’ vs. ‘political advocacy organization’
The 2023 law allows unlimited donations to candidates in many – but not all – cases.
Individual donors and corporations are still capped at donating $15,000 in total to a candidate, per the law, RSA 664:4. Wealthier individuals often skirt this cap by registering multiple limited liability corporations and donating the $15,000 maximum from each corporation.
And individuals and businesses are still prevented from donating more than $30,000 in one election cycle to a “political committee” or “political party.”
But individuals are not capped in how much they may donate to a “political advocacy organization.” And after the 2023 change, a political advocacy organization can now pass on an unlimited amount of funds directly to a candidate.
That change means individuals or large party organizations like the RGA and DGA can pass major donations on to candidates – as long as they send those donations through a political advocacy organization.
And it raises a legal question: What is the difference between a political committee, which is capped, and a political advocacy organization, which is not?
The statute is less than clear. A political committee is defined as any organization that “promotes the success or defeat of a candidate or candidates or measure or measures.” And a political advocacy organization is any organization that spends at least $2,500 for communication that is “functionally equivalent” to advocacy for a candidate or measure, even if that is not the organization’s primary role.
In Ayotte’s case, Live Free PAC has registered as a political advocacy organization in the 2018, 2020, 2022, and 2024 election cycles, campaign finance records show. And after the passage of the 2023 law, the PAC has taken advantage of the new unlimited powers, transferring large amounts to the Ayotte campaign, usually in tranches of $1.5 million at a time. All of Live Free PAC’s money comes from the RGA.
The fundraising strategies are a major difference between the two gubernatorial campaigns. Craig has raised $4.4 million from individual donors, or 65 percent of her funds overall. Ayotte has raised $3.7 million from individual donors, but that comprises just 18 percent of her total haul. The other $17 million comes from the $14.7 million in Live Free PAC transfers and money transfers from other organizations and PACs.
If you can’t beat ‘em …
In its Sept. 18 complaint to the Attorney General’s Office, the New Hampshire Democratic Party alleged that the Live Free PAC had wrongly registered as a political advocacy organization, when it really met the definition of a political committee.
But Richard Lehmann, an attorney representing the Live Free PAC, disputed that argument. In an Oct. 8 letter to the Attorney General’s Office, Lehmann wrote that Live Free PAC met the definitions of a political advocacy organization, or PAO, and argued that neither the Legislature nor the Attorney General’s Office had issued guidelines that would prevent that registration.
“If the Legislature intended to restrict the ability of organizations to register and conduct themselves as PAOs, it would have imposed additional conditions or restricted the ability of organizations to qualify,” Lehmann wrote. “It did not do that.”
Assistant Attorney General Brendan O’Donnell, chief of the Election Law Unit, sided with the PAC, writing in response to the NHDP that the PAC “registered as a PAO and met the statutory definition of a PAO.” O’Donnell added that just because Live Free PAC also met the statutory definitions of a political committee did not mean it needed to follow those contribution limits, since it didn’t register as one.
Following the advisory opinion, the Democrats changed tack. After months of running a political committee titled “Democratic Governors Association – New Hampshire” and adhering to the $30,000 limits on individual receipts, the Democratic Governors Association registered its own political advocacy organization on Oct. 11, a day after the Attorney General’s Office opinion, campaign records show.
That entity, named “DGA New Hampshire PAO,” has accepted a number of funds, including a $3.2 million transfer from the Democratic Governors Association, and has transferred $800,000 to the Craig campaign and $3.1 million to the New Hampshire Democratic Party, as of the latest filings.
Blessing or a curse?
When the 2023 law passed, some welcomed it, arguing that New Hampshire has always had loopholes allowing large transfers of wealth to candidates. The new law, they argued, simply eased the process for major campaigns.
“I believe that money is speech, and so I’m opposed to placing limits on that,” said Rep. Joe Sweeney, an original sponsor of the legislation, in an interview last year.
Others, like Olivia Zink, were appalled. Zink, executive director of Open Democracy, an advocacy group that pushes to reduce money in political campaigns, says she worried last year that the law would bring in vast and unaccountable sums of money to the state.
This year, Zink feels she was proven right. And she argues lawmakers should return donation limits to campaigns.
“I think candidates need to answer who they’re getting their campaign cash from,” she said. “Voters are being flooded with ads, and if they’re being paid for by nondisclosed, out-of-state donors, is that how they’re going to run our state?”
New Hampshire
Hypothermic hiker rescued after stranded in waist-deep snow amid wind chills near zero
Video shows helicopters searching for hikers who were reported missing on Aoraki/Mount Cook, the tallest mountain in New Zealand. Police announced on Friday, December 6, that they believe all three, including two Americans are dead.
MOUNT LAFAYETTE, N.H. – A hiker was rescued on Thursday after becoming lost and suffering from hypothermia during a solo hike in central New Hampshire.
Patrick Bittman, 28, of Portland, Maine, had embarked on a hike to see the sunrise from Mount Lafayette on Wednesday night.
Officials said Bittman came upon deep blowing snow near the summit of Little Haystack on Franconia Ridge, forcing him to come back down the mountain.
View from helicopter.
(New Hampshire Fish and Game Department / FOX Weather)
On his return, however, he became lost and ended up moving into the Dry Brook drainage, where temperatures dropped to around 20 with wind chills near zero.
After spending the night lost on the mountain, Bittman called 911 on Thursday morning. He said that his limbs were frozen, he was experiencing hypothermia and that he was no longer able to move through the snow, which was several feet deep.
HOW TO WATCH FOX WEATHER
Ground crews with the New Hampshire Fish and Game Department and Pemi Valley Search and Rescue Team, along with an aerial crew with the Army National Guard, responded to his call.
However, they faced poor visibility from cloud cover and intermittent snow squalls over the steep terrain and thick vegetation, forcing them to adjust their approach to rescuing Bittman.
The first ground rescuers had to spend an hour bushwhacking 1,000 feet of vegetation off the trail to reach Bittman by early Thursday afternoon. By then, he was found suffering severe hypothermia and was placed in an emergency sleeping bag for shelter and given warm, dry clothes and warm fluids.
View of Bittman and medic being hoisted by the helicopter.
(New Hampshire Fish and Game Department / FOX Weather)
Two hours later, weather conditions allowed for the Army National Guard to reach Bittman with a medic. They hoisted the young man into the helicopter and then was flown to a local hospital for treatment.
“This aerial rescue saved a multi-hour carry out thru rugged terrain and is a testament as to how search and rescue works in New Hampshire with several different groups working together for a common goal,” New Hampshire Fish & Game officials said.
By GARRY RAYNO, Distant Dome
Christmas in New Hampshire is upside down if you are the Granite State’s government.
New Hampshire lawmakers have decreed that most of the “gifts” from the state do not go to the needy, but to those on the other end of the economic spectrum.
With Republicans again firmly in charge of the legislature and governor’s office, the “mandate” according to House Majority Leader Jason Osborne, R-Auburn, will focus on “lowering taxes, cutting wasteful spending, growing our economy, empowering parents with the Parents Bill of Rights and expanding the wildly successful Education Freedom Account program.”
The question is who benefits the most from “lowering taxes” and “cutting wasteful spending,” and what is “wasteful spending,” services for poor women who go to Planned Parenthood clinics because they cannot afford to go to a private practice physician?
For the better part of a decade now, Republicans have voted to cut the rates of the state’s two business taxes, the business profits tax and the business enterprise tax.
The larger collector, the business profits tax, receives the vast majority of its revenue from multinational corporations not based in New Hampshire, but who do business here.
The business enterprise tax is a value added tax on every business in New Hampshire although many very small businesses are exempt from paying.
Now you might think lowering the rate of the business enterprise tax would benefit local businesses more than cutting the rate of the business profits tax and that would be a no brainer for lawmakers, but no, they lowered the rate for the business profits tax more frequently and far greater than they did the tax rate of the business enterprise tax.
Who did that help more? Large multinational corporations received the bulk of that benefit not your local business owners who do not reach across continents and cultures to soften the blow of taxes.
And in a little over a week, the one state tax that actually taxes wealth will be eliminated although it produced $185 million in revenue last fiscal year. Can you imagine what $185 million would do spread across the university and community college systems to reduce tuition for New Hampshire students?
Who pays the interest and dividends tax? About 90 percent of the revenue comes from the top five percent of wealth holders in the state. That is not most of us or our neighbors.
Well you might say, what about property taxes which every home, building and land owner pays in the state, surely they too should have a lower tax rate.
Have you checked the tax bill you are about to pay in a little over a week? I don’t know about your tax bill, but mine had a hefty increase this year, and I suspect yours did too.
And with the state facing a budget crisis not seen in two decades, you are likely to see it go up even more after the lawmakers are finished crafting the next two-year budget this spring as more state costs are likely to be downshifted to local property tax payers as they were two decades ago when the state stopped paying its share of the retirement system costs for municipal, school and county workers as they had since the unified system was created during the last century.
That sifted tens of millions of costs to local property taxes that the state once paid.
There are two Christmas presents the majority of local property taxpayers sort of received in the last year, two superior court decisions declaring the state’s education funding system unconstitutional, inequitable and too meager to cover the cost of an adequate education, which is every child’s fundamental, constitutional right.
Those two decisions in the ConVal and Rand cases — if acted on by lawmakers — could have lowered the property taxes of the poorer communities hit hardest by the state’s education funding system like Claremont, Berlin, Franklin, Newport, Pittsfield and others.
But that change would increase the property taxes in communities with the lowest rates in the state with the greatest property wealth, so in New Hampshire’s upside down Christmas world, lawmakers did not take the bait and instead did nothing keeping the current system in place.
We don’t want the taxpayers in those property wealthy communities saying “Bah Humbug” this time of year lawmakers might as well have said.
Elementary and secondary education is not the only place New Hampshire lawmakers traditionally shortchange the poorer residents, they do so in post-secondary education as well with tuition costs that are second only to Vermont for in-state students in the country.
Is it any wonder New Hampshire students have the highest debt load of any in the country when they graduate from college?
While the university and community college systems have held tuition costs near steady for in-state students for the last few years, they cannot do that forever with shrinking enrollments, reduced programs and fewer full-time faculty members.
There is a Christmas flavored program that began four years ago, the Education Freedom Account program that was sold by Education Commissioner Frank Edelblut and others as an alternative for poor families whose children have trouble in the public school environment.
However 70 to 75 percent of the students were not in public schools when they joined the program, they were in private or religious schools or homeschooled.
In other words, parents already sending their children to private or religious schools or homeschooling have been able to gain a state taxpayer-funded subsidy to cover the costs the parents were paying.
The program is currently capped at 350 percent of poverty, which is a salary of $71,540 for a family of two and $109,200 for a family of four.
The legislature defeated an attempt to raise the rate higher last session to 425 percent of poverty level, or up to $133,600 annually for a family of four and $86,870 for a two-member family.
The federal government estimates the median income in New Hampshire for a family of four is $133,447.
One bill in the upcoming session would do away with any income cap which would allow anyone with school-age children to apply for a grant of about $5,200 per student, a provision that is bankrupting Arizona, North Carolina and several other states with no cap.
But the program has gifted many religious and small private schools struggling to survive with a great deal of state money, money that once was forbidden for religious schools.
And another beneficiary of the program, the single biggest vendor for the parents using state money, is Amazon.
Does Jeff Bozos really need any more of your state tax dollars? I doubt it, especially at Christmas time.
Merry Christmas and to all a good night.
Garry Rayno may be reached at garry.rayno@yahoo.com.
Distant Dome by veteran journalist Garry Rayno explores a broader perspective on the State House and state happenings for InDepthNH.org. Over his three-decade career, Rayno covered the NH State House for the New Hampshire Union Leader and Foster’s Daily Democrat. During his career, his coverage spanned the news spectrum, from local planning, school and select boards, to national issues such as electric industry deregulation and Presidential primaries. Rayno lives with his wife Carolyn in New London
Nearly a dozen New Hampshire communities are hosting vigils this week to remember friends and family who passed away because of homelessness this year. Keene hosted a vigil on Monday, Concord had one Thursday, and more are scheduled Saturday, including in Dover and Portsmouth.
“It’s the first night of winter, the longest night of the year, the darkest day of the year,” said Maggie Fogarty from the American Friends Service Committee. “It’s a good time for a solemn reflection on the loss of our siblings to homelessness, also coming as it does during a season of celebration and of light.”
Fogarty helps compile the list of people who will be remembered at these vigils. She explained that it includes people who passed away while being unhoused, as well as people who died prematurely because of the toll from being unhoused, even after finding housing.
About 60 people will be remembered this year, either just with their name, or a memory from someone who knew them. While some names are submitted by friends and family, most are from people who provide supportive services to unhoused people.
She added that these vigils are also a chance for community members to reflect and commit to advocacy, especially because 2025 is a budget-writing year for state government.
“That commitment to system change and to ensuring that public policy, not just charity, combine to protect everyone from poverty,” she said. “That’s as important an aspect of this remembrance as the coming together as a community to remember our siblings.”
According to a new report, New Hampshire saw the highest percentage rise in homelessness in the country between 2022 and 2023. The number of people facing homelessness in the Granite State went up by roughly 52%, while other states’ saw an average increase of 12% during the same time period, according to the report.
The report is put out annually by the New Hampshire Coalition to End Homelessness using information from a “point in time” count, which is an effort to count the number of homeless individuals in the state on a single day each year.
That data in the latest report suggests that New Hampshire saw a decline in veterans experiencing homelessness between 2022 and 2023. But the problem worsened for people dealing with chronic homelessness, single adults, families and sheltered individuals.
Homeless Persons Memorial Day vigils in Seacoast
Colebrook – Saturday, December 21 at 6 PM at 147 Main Street, in front of the Congregational Church. Contact: TRI County Community Action Program, ebecker@tccap.org
Concord – Thursday, December 19 at 4 pm at the State House, Concord. Contact: Angela Spinney, aspin@concordhomeless.org. Facebook event.
Conway – Saturday, December 21 at 6 PM at The Way Station, 15 Grove Street, Conway. Contact: TRI County Community Action Program, ebecker@tccap.org
Dover – Saturday, December 21 at First Parish Church, 218 Central Ave, Dover at 5 PM to 6 PM. Contact: Joyce Tugel, jtugel@gmail.com. Here’s the flyer.
Keene – Monday, December 16 at 5:30 PM at Saint James Episcopal Church, 44 West Street, Keene. Hosted by Hundred Nights, info@hundrednightsinc.org. More information here.
Laconia – Friday, December 20 at 5:30 PM at Isaiah 61 Cafe, 100 New Salem St, Laconia. Contact: Dawn Longval, dlongval@metrocast.net
Lancaster – Saturday, December 21 at 6 PM at the Centennial Park Green Gazebo on Main Street in Lancaster. Contact: TRI County Community Action Program, ebecker@tccap.org
Littleton – Saturday, December 21 at 6 PM at the Littleton Winter Shelter, 18 Pleasant Street Littleton. Contact: TRI County Community Action Program, ebecker@tccap.org
Manchester – Friday, December 20 at 6 PM at Veterans Park, Manchester. Contact: Crystal Butts-Ducharme, crystal.butts-ducharme@cmc-nh.org
Manchester – Saturday, December 21 at 12 noon at 1269 Café 456 Union St Manchester. Contact: Craig Chevalier craig@thetwelveonunion.org
Nashua – Saturday, December 21, 5 PM to 6 PM, at City Hall, at 229 Main Street Nashua. Contact: Tom Lopez, LopezT@NashuaNH.gov. Facebook event.
Newport – Saturday, December 21 at 6 PM at the Newport town common by the gazebo. Contact: Rev. Elisabeth Smith, Church of the Good Shepherd (United Methodist), pastorelisabeth415@gmail.com
Peterborough – Saturday, December 21 at 4 PM on the steps of the Peterborough Town House, 1 Grove Street, Peterborough, NH. Hosted by the Monadnock Area Transitional Shelter (MATS). Contact: Susan Howard, mats.peterborough@gmail.com
Portsmouth – Saturday, December 21, 5 PM to 6 PM at South Church, 292 State Street, Portsmouth, hosted by CrossRoads House. Facebook event.
Upper Valley – Friday, December 20 at 5:30 PM at LISTEN Community Services, 42 Maple Street, White River Jct, VT. Contact: Lynne Goodwin, lynne.goodwin@lebanonnh.gov
NHPR’s Olivia Richardson contributed to this report.
These articles are being shared by partners in the Granite State News Collaborative. For more information, visit collaborativenh.org.
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