Opinion
No. 4694.
Argued October 7, 1958.
Decided November 5, 1958.
1. The statute (RSA 70:6 (supp.)) providing that candidates for major political offices shall file a statement of election receipts and expenditures by a fixed date requires the filing of such a statement although the candidate had no receipts or expenditures.
2. A statement by such political candidate reporting no receipts or expenditures and received by the Secretary of State two days after the date specified by the statute for the filing of such statement was not compliance with the statute.
INFORMATION, charging the defendant with failure to comply with RSA 70:6 (supp.) in that as a candidate for the office of Representative in Congress in the second district at the primary election to be held on September 11, 1956, he failed to file with the Secretary of State before the close of the business day on September 5, 1956, a properly sworn, itemized statement showing contributions and expenditures with the full names of the donors.
It is not disputed that the defendant had no contributions and made no expenditures. Although a statement in writing declaring this fact was mailed to the office of the Secretary of State on September 5, 1956 from Winchester, New Hampshire, it was not received until September 7, 1956.
Defendant moved to quash the information because it failed to allege facts sufficient to constitute a crime and on the ground that the statute was unconstitutional. All questions of law raised there by were reserved and transferred without ruling by Leahy, C. J.
Louis C. Wyman, Attorney General, John J. Zimmerman, Assistant Attorney General, and Dort S. Bigg, Law Assistant (Mr. Bigg orally), for the State.
Green, Green, Romprey Sullivan and James A. Manning (Mr. Manning orally), for the defendant.
RSA 70:6 (supp.) provides that a candidate for Representative in Congress shall file a statement of receipts and expenditures covering the period of his candidacy, not later than the Wednesday preceding the primary before the close of the business day. See RSA 70:5 (supp.). In this case that was September 5, 1956. The statute requires that such statement be filed even though the candidate has had no receipts or expenditures. A filing on September 7, 1956, was not compliance with the statute. State v. Sullivan, 101 N.H. 429.
Motion denied.
All concurred.