The New Hampshire Attorney General (AG) office's crusade against a supposed push poll law violator appears to be over.
On October 15, the State Supreme Court of New Hampshire rejected the AG's appeal of a district court's ruling in the case of New Hampshire Attorney General v. Bass Victory Committee. The district court originally dismissed the case in 2013 on grounds of federal preemption, based on a Federal Election Commission ruling and an amicus brief filed by the Marketing Research Association (MRA) and the American Association of Political Consultants (AAPC). The State Supreme Court agreed.
It probably also didn't hurt that the AG was pursuing a case against a Congressman, Charlie Bass, who was defeated in his reelection attempt in 2012, or that the state law has changed dramatically since the AG's office launched the case.
The original push poll law was intended to prevent deceptive campaign advocacy techniques, but ended up requiring sponsorship and advertising disclosures in survey and opinion research calls to New Hampshire respondents, biasing the results. The AG's office brought numerous cases against pollsters engaged in message testing research. However, MRA and AAPC helped to draft legislation, S.B. 196, which the governor signed into law on April 23, explicitly excluding bona fide research calls, including message testing, from the law's disclosure requirements.