Here's the story from Ballot Access News:
On October 6, Survey USA released a poll for the New Hampshire U.S. Senate race. It shows: Shaheen (Dem.) 48%, Sununu (Rep.) 40%, Blevens (Libt.) 7%, undecided 5%.
If Ken Blevens polls as much as 4%, the New Hampshire Libertarian Party will once again be ballot-qualified. It was ballot qualified between November 1990 and November 1996, back when the vote test was 3%. In 1997 the New Hampshire legislature raised the vote test to 4%, but expanded the vote test so that U.S. Senate would count, instead of just Governor. In the entire history of popular elections for U.S. Senate in New Hampshire, no independent or minor party candidate for U.S. Senate ever polled as much as 4%, except that Blevens himself polled 4.53% for U.S. Senate in 1996. However, the 1997 law change was written so that Blevens’ polling over 4% in 1996 did not count toward making the party ballot-qualified.