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NH Supreme Court rules against attorney general in push pulling lawsuit

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CONCORD, New Hampshire — The state Supreme Court has upheld a judge's ruling that federal election laws pre-empt New Hampshire's regulation of push polling, the practice of asking voters questions intended to influence their decisions.

The ruling stems from a poll during the 2010 Congressional election of former Republican U.S. Rep. Charlie Bass against Democrat Annie Kuster.

Push polling is legal in New Hampshire as long as the candidate behind the poll is identified. The attorney general's office sued the Bass Victory Committee, saying it removed Bass's name from the polling script. The committee denied any wrongdoing.

A judge ruled the Federal Election Campaign Act regulates campaign expenditures, including push polling. The high court agreed Wednesday.

Attorney General Joseph Foster said he had appealed to protect the state's right to govern its own elections.

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