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Embattled and indicted Concord Casino owner Andy Sanborn is learning the hard way that the house always wins.

Under a state order to sell his business before his gaming license is revoked, Sanborn’s lawyers claim the state has rejected his proposed buyer without good reason. This revelation came Friday as attorneys for Sanborn and the state tried to talk around the buyer’s rejection during an administrative law hearing before Hearing Officer Gregory Albert.

Any individual who buys Sanborn’s casino will need to pass a suitability determination process conducted by the state. Because the results of suitability determinations are not public, in order to protect the reputation of rejected buyers, neither side was able to say directly that the buyer was rejected. However, the rejection was obvious based on the context of the discussion.

Adam Katz, one of Sanborn’s lawyers, said the state is manipulating the case to prevent Sanborn from selling the business, has scared off multiple potential buyers, and has now rejected a qualified buyer based on errors.“The buyer is still trying to engage with the state on why their [suitability determination] letter is nonsense,” Katz said.

Assistant Attorney General Jessica King objected to any discussion that could reveal the result of the suitability determination, but acknowledged under questioning her office told the buyer there is no way to appeal the determination.

“There is no clear mechanism to appeal suitability in the law,” King said.

The buyer has no blemishes on his record and is someone no one could object to buying the casino. He was stopped from divulging the reason for the denial by King. King rejected Katz’s arguments that the state is interfering with the sale, telling Albert the Lottery Commission met with the buyer several times to go over the suitability determination process.

“This narrative the state is trying to obstruct and prevent this sale is false,” King said. “There is no evidence the state is actually trying to prevent anything.”

Last year, Administrative Hearing Officer Michael King ordered Sanborn to sell his business within six months after determining that the former Republican State senator obtained more than $800,000 in federal COVID relief funding he was not entitled to. Sanborn then used the money on improper purchases, such as prepaying his rent and buying sports cars. 

Sanborn was indicted last month on state theft charges for allegedly inflating his revenue in order to qualify for state COVID funds, getting about $140,000 more than he was entitled to get.

Since the sale order was issued, Sanborn has been trying and failing to sell the business. He obtained an extension from Albert, who took over the administrative law end of the case this year after Michael King retired. 

“[Sanborn] has been trying to sell and walk away for months. He wants to put this mess far in the rearview mirror,” Katz said.

Albert’s last extension, issued in September, allowed Sanborn 15 days to sell the business once the buyer had passed through the suitability process. Now that 15 days have passed since the buyer was rejected, the state says Snbiorn must lose his gaming license. The state also argues Albert overstepped his legal authority issuing the 15-day grace period.

Katz told Albert he does have the authority to issue an extension, since it allows Sanborn to comply with the original order to sell. Katz blamed the state for interfering with the sale and working against the original sale order.

“The point of [the original] order is to complete a sale quickly,” Katz said. “Mr. Sanborn clearly has worked to sell. The only problem is the chicanery from the state.”

Strafford County’s race for sheriff provided Democrats with one of the few bright spots in Tuesday’s otherwise dismal election, as former North Hampton Police Chief Kathryn Mone became the first woman to win the office in county history.

Mone, who was ousted from North Hampton after her department arrested a woman for drinking beer in her own living room, is taking over for the last elected sheriff, alleged felon and fellow Democrat Mark Brave.

Mone told Foster’s Daily Democrat she’s ready to move the sheriff’s department and the community forward past Brave’s scandal.

“The staff there had nothing to do with what happened with Mark Brave, and I am disappointed that he continues to be a distraction to the good work done here. But, to that end, I want every resident in Strafford County to expect and demand full transparency from me. I want to help build trust again, and I need people to demand that of me,” Mone told the paper.

Mone says she wants to connect with the community and build relationships. Presumably, she’ll hope to avoid the management style that eventually led to her ouster in North Hampton.

“(Mone) would rather get sued for taking action than not,” one North Hampton officer told a Municipal Resources Incorporated (MRI) investigator hired by the town.

North Hampton agreed to pay resident Colleen Loud $150,000 in 2022 to avoid a lawsuit stemming from her 2018 arrest for drinking beer at home, alone, while watching a baseball game. Initially, Mone supported the arrest, according to the MRI investigation into the matter.

Loud was taken to jail and her home subjected to an illegal search by North Hampton officers who suspected she might be intoxicated. Police knocked on Loud’s door to ask if she had witnessed a car accident that occurred outside her Granite Drive home.

Arresting officer Sgt. Asa Johnson told investigators with MRI that Mone initially praised his decision to make an arrest. Days later, however, she told him she disagreed with some of the things he did but said she could not discuss it.

Mone’s tenure in North Hampton ended in the spring of 2023 after a disagreement with selectmen over how to punish Johnson, the officer she originally praised for Loud’s arrest. Sources in North Hampton government told NHJournal Mone was a difficult boss whose management style caused a staff exodus. When Mone left North Hampton, the department was down to a skeleton crew of about three officers.

But now she’s sheriff, and voters in Strafford County seem to like firsts. Brave was the first elected Black sheriff in New Hampshire history. Last year, he became the first African American sheriff to be charged for allegedly stealing taxpayer money to fund his extramarital affairs and then lying to a grand jury about it.

The trial in that case is slated for next year.

Brave was recently indicted on new charges alleging he subsequently lied to the courts about his income in order to secure a free public defense attorney, another first for an elected sheriff, white or Black. He allegedly hid the money he obtained from the sale of his house, bought a sports car, and paid a year’s lease on an apartment in Massachusetts. He’s also charged with lying about his place of residence as he was then under court order to remain living in Massachusetts.

On Tuesday, he became the first Stratford County sheriff to get placed on the state’s Exculpatory Evidence Schedule, but not for any of the alleged crimes.

The EES, sometimes called the Laurie List, is a list of police officers with serious credibility problems kept by the New Hampshire Attorney General’s Office. The list was secret for years, and the identity of the officers was only disclosed to defense attorneys as needed at trial. A law change in 2021 requires the attorney general to publish a public list which is updated quarterly. 

The list does not give detailed reasons for the inclusion of any of the officers, and Brave was added for an “untruthfulness” incident that took place on Dec. 9, 2022. That’s the day Brave’s ex-wife, Jaimie Brave, was arrested for drunk driving in Portsmouth. 

Mark Brave is alleged to have lied to county officials, saying he was “home watching the kids” when his wife was arrested. He also gave his deputies the impression he was not in the car, joking with them that “she should have called an Uber.”

NHJournal uncovered police reports that show Brave was, in fact, a passenger in the car when his wife was stopped. A police report and an investigative report from MRI commissioned by the county found Brave was also intoxicated and unable to drive after failing a breathalyzer test. Brave was then taken into protective custody by a New Hampshire State Police trooper and given a ride to a friend’s house. Meanwhile, Jamie Brave was taken into custody and booked.

Looking to retake the Strafford County Sheriff’s Office after Mark Brave’s notorious exit, Seacoast Democrats are backing a former North Hampton police chief who left her job following a controversial  — and expensive — wrongful arrest case.

Kathryn Mone’s time leading North Hampton’s department resulted in the town paying $150,000 to resident Colleen Loud, according to a settlement agreement obtained by NHJournal. 

North Hampton police took Loud out of her house in handcuffs, brought her to jail, and searched her home without a warrant for the alleged crime of drinking beer while watching baseball in her own living room. According to an independent investigation into the incident, Mone initially praised the arrest of a lone woman drinking in her own home.

Loud’s settlement is not surprising given statements made about Mone’s leadership during the subsequent investigation.

“[Mone] would rather get sued for taking action than not,” a police officer told investigators with Municipal Resources Inc. (MRI).

Loud was arrested in October 2022 after police sought to speak to her as a potential auto accident witness. The Granite Drive resident agreed last August to waive any legal claims against the town in exchange for a $150,000 payment, made through the town’s insurance carrier, according to the settlement agreement.

Mone quit her job in North Hampton on March 31, 2023, with no explanation, months after Loud’s arrest. She’s been working as a sheriff’s deputy in York County, Maine, since then.

Loud’s arrest occurred when two North Hampton officers responded to an auto accident at her home. Loud was watching television when a car crashed into a bush on her property, according to the MRI report. Loud told the officers she did not see or hear the crash.

But one officer started wondering about Loud’s condition, according to the MRI report. While Officer Matthew McCue did not notice anything unusual about Loud, Sgt. Asa Johnson told McCue he smelled alcohol and thought she might have been drinking.

“[McCue] said he did not observe any sign of impairment at that point. He explained that [Loud] seemed steady on her feet and he could not observe any odor [of alcohol] at that time,” MRI’s report states. 

Johnson, who was the lead officer, wanted to investigate further.

“Does she need to be p.c.’d?” Johnson reportedly asked McCue. (P.C. is short for a protective custody arrest.)

Officers returned to Loud’s home to further question her and noticed the unclean condition of the home. Loud later told officers she had not cleaned in 10 years, according to the police report. (Having a dirty home is not a crime in New Hampshire.)

Asked if she had been drinking, Loud said she stopped off after work and drank a few beers before coming home to watch baseball. She said she might have had some hard lemonade at home. She was reluctant to submit to a Breathalyzer test in her own home, but she was given an ultimatum from Johnson, according to the report.

The test registered a blood alcohol percentage (BAC) of .086 percent. While that is above the .08 percent legal limit for driving, New Hampshire doesn’t have a legal limit for alcohol consumption while in your own home watching a baseball game, or any other televised sporting activity.

Based on the BAC test, however, Johnson took Loud into custody.

Loud was handcuffed, placed into the back of a cruiser, and transported to the Rockingham County House of Corrections. After the arrest — and without a warrant —  the officers entered and searched Loud’s home, taking photos of the alleged mess.

According to McCue, Johnson said if the test showed she was not capable of driving, they would take her into custody. McCue conceded to MRI investigators that Johnson’s reasoning did not make sense.

Johnson told investigators Mone initially praised his decision to make an arrest. Days later, however, she told him she disagreed with some of the things he did but said she could not discuss it.

Mone told MRI she did not agree with the officers’ actions.

“Jail would not have been what I wanted, and there could have been and should have been a better resolution than that,” she said. 

Mone also said the officers were wrong to enter Loud’s home and take photos. She told investigators she had questions about the officers’ judgment. But she didn’t pursue additional training for them after the arrest. 

Asked what the officers should have done instead, Mone — who is currently running to oversee the Strafford County Sheriff’s Department — told investigators, “I don’t have an answer for that.”

Mone is running to fill the vacancy left by fellow Democrat Brave. The former sheriff is facing up to 60 years in prison if convicted on charges of theft and perjury. Brave allegedly used $19,000 in taxpayer money to fund his love life, including airfare and hotel rooms for out-of-state liaisons. 

Last week, prosecutors signaled they could be looking to add charges against Brave. The New Hampshire Attorney General’s Office filed a motion seeking documents on Brave’s original bail order and the court appointment of a public defender based on his allegedly bogus financial disclosure.

Prosecutors allege Brave lied about his finances in order to qualify for a free defense attorney. The documents now being sought could be used for a grand jury presentation to justify new criminal charges for allegedly misleading the court.

Brave’s case is not likely to go to trial until next year, barring a plea agreement. Brave has already rejected one plea offer, as well as a mediated plea settlement. Prosecutors said last week negotiations are ongoing.

Interim Strafford County Sheriff Joseph McGivern has been leading the agency since Brave’s arrest last year. He is not seeking election due to the age restrictions. Mone will face Republican Scott Tingle in November.

The four women charged with vandalizing the Elbit Systems facility in Merrimack last year may not go to trial.

Calla Walsh, Sophie Ross, Bridget Shergalis, and Paige Belanger are all scheduled for criminal mediation instead of jury trial, according to records filed in Hillsborough Superior Court — South in Nashua. The suspects targeted the Elbit facility because its parent company is based in Israel and is a major military contractor for the Jewish State.

The mediation session set for Sept. 18 will let lawyers for the women and prosecutors with the New Hampshire Attorney General’s Civil Rights Unit work out a possible plea deal to resolve the case. Criminal mediation involves both parties working with a neutral judge to come to an agreement that includes some form of restitution for the victim.

Mediation does not guarantee a plea bargain will be reached. After the judge hears from both sides, he or she will issue an order laying a proposed agreement. Neither side is bound to accept the terms of the mediation judge’s order and the case can still move to trial at that point, or there can be continued plea negotiations.

For example, former Strafford County Sheriff Mark Brave is scheduled for an August trial on his theft and perjury charges after failed plea negotiations and a rejected mediation order. Court records indicate Brave’s lawyer is continuing to seek a plea in that case as prosecutors contemplate bringing more charges.

Elbit has been repeatedly targeted by Palestinian Action US, an anti-Israel group first started in the United Kingdom and stepped up activities in the days after the deadly Oct. 7 Hamas attack on Israel. Hamas terrorists murdered at least 1,200 people that day, and hundreds more raped and taken hostage. 

Walsh allegedly led the PA US team that included Shergalis, Ross, and Belanger in the action on the Elbit facility on Daniel Webster Highway in Merrimack on Nov. 20. The group allegedly smashed windows, sprayed graffiti, and climbed to the roof where they set off smoke bombs and tried to break into the HVAC system, according to police reports.

The women have known ties to a Marxist commune and the commune’s wealthy founder, James “Fergie” Chambers, who has been reported as a founding member of PA US, though he denies he has a leadership role.

NHJournal reported the FBI has been looking into Chambers and PA US. It is not known if the investigation remains open at this time.

Walsh is active in the anti-Israel “Boycott/Divest/Sanction (BDS) movement, which many critics say is antisemitic due to its sole focus on the Jewish State. More problematic is Walsh’s involvement in the so-called “Boston Mapping Project,” which created an interactive map identifying places where Jews tend to congregate as well as the locations of Jewish community organizations in Massachusetts. The map included locations of Jewish daycares and schools.

According to the Anti-Defamation League, the Mapping Project identifies Jewish communal groups as “‘Boston’s Zionist NGO circuit” and accused not only of “supporting the colonization of Palestine” but also of “violence worldwide.”

Belanger is another PA US member who has described herself as the secretary for Chambers’ Berkshire Communists, a “revolutionary Marxist-Leninist collective.”

Old-school Marxists are behind many of the anti-Israel protests that began almost within hours of the Oct. 7 Hamas murders. The New Hampshire chapter of the Party of Socialism and Liberation, a group that advocates a Marxist revolution, coordinates many of the protests.

Not much is known about Ross outside her activities against Elbit. Shergalis, on the other hand, is a former child actor who featured in Disney and Nickelodeon shows like “So Random” and “See Dad Run.” Chambers paid the $50,000 cash bail for Walsh, Shergalis, and Ross when they were arrested.

Chambers is a member of the Cox family, which is worth about $34 billion, according to reports. In recent years, Chambers negotiated an early inheritance with the family trust, allowing him to walk away with a reported $250 million. He used that money to start the Marxist commune in the Berkshires, as well as a “People’s Gym” in the Upper Valley region of New Hampshire. Chambers currently lives in New Hampshire in order to take advantage of the low taxes and lax firearm regulation.

Coos Superior Court Judge Peter Bornstein rejected a last-minute attempt to delay former state Senate Democratic Leader Jeff Woodburn’s second domestic abuse trial.

Woodburn’s attorney, Mark Sisti, asked for a delay weeks before the March 12 trial is set to start so that he could attend to his duties as the Gilmanton Town Moderator. Gilmanton’s annual town elections are also slated for March 12.

In his order denying the delay request, Bornstein wrote Sisti knew about the conflict for several months and should have said something earlier. He wrote that Sisti’s “eleventh-hour” request fails to show any good cause for rescheduling.

“Defense counsel likely knew or should have known at least eight months ago that the 2024 Gilmanton town meeting was scheduled for March 12, 2024, inasmuch as the date of annual town meetings in New Hampshire is prescribed by statute,” Bornstein wrote.

As moderator, Sisti is required to oversee elections in Gilmanton, and to make sure the vote totals are certified after polls close. While New Hampshire law allows a moderator to appoint a substitute moderator, Sisti would not tell NHJournal how he planned to cover the trial and the election.

“Of course, I will be at the trial,” Sisti said in an email response to NHJournal. “I have already taken care of the election situation…all is fine.”

Gilmanton Town Clerk Elise Smith told NHJournal it is her understanding that Sisti will open the polls at 7 a.m., then take a “long lunch” before coming back in time to oversee the end of the vote. Sisti is a top attorney in New Hampshire, and Election Day conflicts have happened before.

“This is not the first time this has happened with Moderator Mark Sisti,” Smith said.

Now that Sisti is prepared to pull double duty on March 12, the way is clear for Woodburn to finally return to court for his second trial on the simple assault and domestic violence charges.

Woodburn was originally charged in August 2018 while he served as Minority Leader in the state Senate. He ignored months of pressure to resign and won the 2018 Democratic primary even as the charges swirled. Woodburn went on to lose the general election to an obscure Republican opponent.

Woodburn was convicted in 2021 after a trial, but those convictions were overturned last year by the New Hampshire Supreme Court.

The state Supreme Court ruled Woodburn was entitled to a new trial because he was not allowed to use a self-defense argument in the original proceedings.

The simple assault and domestic violence convictions stem from Woodburn’s violent actions against a woman he was romantically involved with at the time. According to court records, Woodburn struggled over a phone, and he bit her hand. In another incident on Christmas Eve 2017, Woodburn kicked the door of the woman’s house when she refused to let him enter. He had previously kicked her clothes dryer, breaking the appliance.

Woodburn was also convicted in 2021 on two counts of criminal mischief in the same case. He’s facing 30 days in jail on those convictions. He is currently free, pending another appeal. 

He’ll always have Noshua.

Indicted on 33 criminal counts for allegedly filing false tax returns, John Castro’s presidential campaign would be facing a serious roadblock if that campaign had a car. Or knew where the road was.

The law school graduate, who is not a licensed attorney, is in trouble for allegedly making up deductions for clients of his Texas tax law firm, according to the indictments. Castro allegedly used the fake deductions to collect big refunds for clients, and split the take with them, the indictment alleges.

Castro launched his presidential ambitions as part of his effort to boot former President Donald Trump from the GOP presidential primary ballot in 32 states, including New Hampshire. His latest New Hampshire lawsuit is pending while United States District Court Judge Samantha Elliott decides whether or not Castro’s $800 campaign with two volunteers, no offices, and no New Hampshire Republican supporters counts as a viable concern.

Castro was indicted in United States District Court in Fort Worth, Texas, on Jan. 3, the same day he was in Concord trying to convince Elliott that sending his brother-in-law and cousin to New Hampshire to plant 15 Castro for President lawn signs on vacant lots outside Nashua counts as a serious presidential campaign. 

The New Hampshire campaign swing was headed by volunteer campaign David Garza, who is also Castro’s personal assistant and brother-in-law. Garza brought his cousin and fellow Castro employee, Alexander Gomez. Garza testified they started the one day of fieldwork in a city south of Manchester called Noshua, though Gomez testified it was called Joshua.

If any New Hampshire Republican Castro voters exist, they may be dissuaded by indictments that lay out a years-long scheme to defraud the government and lie to clients.

According to the indictments, Castro’s tax law firm attracted clients by offering large refunds, larger than they could get filing themselves, or by employing an accountant, or by hiring an actual licensed tax attorney. One client was entitled to a legitimate refund of less than $400, but Castro promised to get back more than $6,000 from the government, the indictment states.

Castro did get the large refund by claiming almost $30,000 in deductions that the client did not have, the indictment states. 

“These were not expenses that the (client) had identified or discussed with Castro and were not based on information provided by the (client) to Castro or his employees and were not approved or verified by the (client). These false statements resulted in a claimed refund of $6,007.”

Castro allegedly split the big paycheck with the client, keeping $3,000 for himself. Unknown to Castro, that client happened to be an undercover informant for the government, according to court records.

Castro presents himself as a tax attorney qualified to represent clients in federal court, though he is not licensed to do so. He explained to Judge Joseph LaPlante in October that he can act as a “federal practitioner” thanks to a loophole he found in college.

Castro thinks he’s found another loophole to get Trump off the ballot, using the 14th Amendment and the GOP nominating process. Castro is on primary ballots in several states as a Republican presidential candidate under the theory that his candidacy will confer the necessary legal standing to force Trump’s name to be removed.

Castro’s lawsuits claim that Trump is unqualified to be president due to the 14th Amendment’s anti-insurrection clause. He’s suing by alleging Trump’s continued campaign is costing Castro, potential voters, and donors. Castro has yet to prove his campaign has any New Hampshire Republican supporters, and of the $800 he raised last year, none came from any Granite State resident. 

Less convoluted attempts to get Trump off the ballot have had limited success. Maine’s Secretary of State Shenna Bellows recently announced she was blocking Trump, as did the Colorado Supreme Court. Both of those decisions are pending review by the United States Supreme Court, and Trump’s name is on the ballots already printed for New Hampshire’s upcoming first-in-the-nation primary.

Granite State Republicans overwhelmingly oppose the move by Maine’s secretary of state to take Trump’s name off the ballot, according to the new CNN/UNH poll. The same poll found independent voters also oppose the action by 50 to 40 percent.

Castro is representing himself in the many so far unsuccessful lawsuits he’s filed to get Trump off the ballot based on his qualifications. He graduated from the University of New Mexico School of Law in 2013. However, The New York Times reports Castro is likely to hire a lawyer for the criminal case. 

Maybe Republican former state Rep. Troy Merner should not have answered the door in his underwear when an investigator from the New Hampshire Attorney General’s Office knocked at the Carroll home where he lives.

Maybe he should have resigned from his elected positions when he moved to the home outside his district. Or maybe someone in the State House should have acted when they were alerted about Merner’s residency in December 2022.

That was when top lawyers with the New Hampshire Department of Justice, Myles Matteson and Anne Edwards, called Terry Pfaff, the Chief Operating Officer of the General Court, to inform him of Merner’s living situation, according to records made available Tuesday. House Speaker Sherman Packer (R-Londonderry) acknowledged Tuesday he was informed last December as well.

Merner was allowed to continue to represent the district he no longer lived in for months.

The New Hampshire Attorney General’s Office announced Tuesday it is charging Merner, 63, for wrongful voting, theft by deception, and unsworn falsification. The charges are the next act in a legal drama that started a year ago.

Formella’s office did not make Merner’s residency problem public until this March after it received a complaint that Merner had voted in Lancaster’s municipal election. Merner continued to serve in the House until September, when Formella’s office sent a memo to Packard confirming Merner did not live in Lancaster.

However, according to the records, investigators and attorneys inside Formella’s office knew Merner did not live in Lancaster as early as December of last year.

Packard said in a statement released Tuesday night he was aware of the December call to Pfeff, but Merner disputed that he did not meet the residency requirement. 

“Allegations against Merner were made in December 2022, and the General Court was made aware that Merner disputed and contested those allegations then. Merner continued to attest to the General Court through signed official paperwork that his residence was in Lancaster,” Packard said. “The details of Merner’s admissions relative to his residing outside of his district were not brought to the attention of the Speaker’s Office until September when the Department of Justice investigation had concluded.”

Merner was a Lancaster selectman and a state representative for Lancaster, Dalton, North Cumberland, and Stratford. The only problem is that he lives in Carroll, having moved there in the summer of 2022 with his new wife, Janet Nelson. After moving, Merner was elected to the House to represent Coos District 1 in November 2022.

Merner did not respond to a call Tuesday. He claimed, according to statements made to investigators, that his out-of-district residency was well known, and he was encouraged by others to continue serving, though he did not name his supporters.

The affidavit filed in the case depicted a man who seemed not to realize he was doing anything wrong.

“State Rep. Merner told (Investigator Anna) Brewer-Croteau that he could not believe that someone actually complained to (the attorney general), further stating that he (State Rep. Merner) has done so much for the town of Lancaster,” the affidavit written by Investigator Thomas Defosses stated.

A Lancaster resident contacted the New Hampshire Attorney General’s Office a week after the 2022 election to report Merner was no longer living in town, and that the fact was well-known in Lancaster.

Merner sold his Lancaster home in the summer of 2022 and moved to Carroll after marrying Nelson. He claimed he had an arrangement with the buyer of his former home that he could temporarily stay in a room there, but he often stays overnight in an office he’s rented in Lancaster.

In his Dec. 5 meeting with Brewer-Croteau, during which he was in his boxers and a T-shirt and eating cereal, Merner said he planned to finish his terms as a selectman and state representative but not stand for reelection in 2024 since he no longer lived in Lancaster.

Lancaster Town Manager Benjamin Gaetjens-Oleson was aware of the issue when Brewer-Croteau interviewed him, saying he had fielded many complaints about Merner’s residency. But, Gaetjens-Oleson felt he could not do anything since Merner was technically his boss.

Gaetjens-Oleson reportedly warned Merner about his residency problem, saying it was “going to cause an upheaval with the locals.”

Merner would later tell Investigator Richard Tracy he had to keep on as a selectman since he was the only member of the board who did any work.

Tracy was assigned to the case after Fenella’s office got a complaint about Merner voting in the March elections in Lancaster. Merner told Tracy he thought voting was OK even though he did not live there.

“(He) said he had not heard back from the Attorney General’s Office since he spoke with (Investigator) Brewer-Croteau, and he did not think he was doing anything wrong,” the affidavit states. 

At that point, Tracy had established Merner was not regularly sleeping in the office he rented in Lancaster, as the neighbors attested they did not see him. When confronted with that, Merner claimed he thought it would be OK if he had an address in Lancaster and worked at the town offices regularly.

Now that his residency was out in the open, the investigation was on. Investigators found Merner had been submitting mileage expenses to the General Court for round trips to Concord from Lancaster and not Carroll. Lawmakers can get reimbursed for their trips to Concord to serve their constituents.

A round trip from Lancaster to Concord is about 202 miles, while the Carroll to Concord trip is about 176 miles, meaning Merner was overcharging taxpayers to get to work. According to the affidavit, Merner overcharged taxpayers a total of $973 throughout his entire term.

Merner was ousted from the House in September and resigned as a Lancaster selectman in October. He is now facing prison time, as the wrongful voting charge is a class B misdemeanor which carries a possible three-and-a-half to seven-year prison sentence. He is due to be arraigned on Dec. 28.

A Merrimack man and former Democratic candidate for state representative, Michael Drouin, is accused of jamming the cell phone of a GOP candidate during a special election last year.

Drouin, 30, was indicted this week by the grand jury convened in the Hillsborough Superior Court — South on one felony count of interference with election communications connected to the April 13, 2021, Hillsborough District 21 special election to replace House Speaker Dick Hinch (R-Merrimack).

Drouin allegedly took out a Craigslist classified ad offering a free trailer in the Nashua area and listed the cell phone number for Merrimack Republican Bill Boyd in the ad. Boyd eventually won the election to replace Hinch, who died from COVID-19, beating former Democratic Rep. Wendy Thomas with 2,531 votes to Thomas’ 2,144.

“That election day was chaotic,” said Rep. Joe Sweeney (R-Salem) who was with Boyd that day. “(Boyd) was getting dozens of calls asking about this free trailer.”

Boyd had already posted his personal cell phone number to Facebook on election day as part of an effort to get voters to the polls. Boyd was anticipating hearing from voters who needed a ride, and instead got call after call from people asking about the free trailer, Sweeney said.

Boyd declined to comment on the charges when reached Wednesday. Drouin did not respond to a request for comment.

On the day of the election, Sweeney filed a complaint with the New Hampshire Attorney General’s Office, which had the ad removed from Craigslist. Investigators zeroed in on Drouin as the ad’s creator, though he initially denied he was behind the free trailer stunt. When investigators told Drouin they had evidence linking him to the ad, Drouin then claimed he created the ad as a “poorly timed” joke. Sweeney said that excuse does not fly.

“Him trying to play it off as a badly timed joke seems insincere to me,” Sweeney said.

Drouin now faces up to three and a half years in prison if convicted, as well as the prospect of being barred from voting in New Hampshire. Drouin ran an unsuccessful campaign for state representative as a Democratic in 2018, though he has reportedly dropped that affiliation and is now labeled as an independent. He is currently an alternate member of the Merrimack Conservation Commission.

Sweeney said Election Day shenanigans like Drouin’s are unusual in New Hampshire. 

“I can’t think of a similar scenario where someone puts up a candidate’s phone number to mess with him on election day. I really don’t know what this guy was thinking,” Sweeney said.

The charges come at a problematic time for the New Hampshire Democratic Party, which has been plagued by charges of election interference and dirty tricks in the past few months.

During the run-up to this year’s midterms, for example,  Democrats were hit with a cease and desist order from the New Hampshire Attorney General’s Office over illegal mailers. Those mailers, paid for by the state Democratic Party, solicited absentee ballot requests be sent to a non-existent government agency. It also included false claims about voter histories, according to the order issued by Attorney General John Formella.

“In light of our conclusion that the NHDP has caused voter confusion given the incorrect return addresses to clerks on its mailers, the incorrect direction to non-existent ‘boards of election,’ and the incorrect voter domicile information, the NHDP is hereby ordered to cease and desist any and all activities which violate the law by causing voter confusion in the future,” Formella wrote.

And just last month, Fomella’s office said Democrat Steve Marchand lied about his role in a political scheme targeting his opponents in Portsmouth.

Marchand, a progressive Democrat who once served as Portsmouth mayor and sought his party’s nomination for governor, was issued a letter of warning to Marchand for his involvement in Preserve-Portsmouth.com and other websites that targeted sitting city council members in the last municipal election.

Marchand’s bogus website was built to mirror a legitimate site with a similar name, Preserve Portsmouth, and purported to support the same city council candidates the original site endorsed. But it falsely described them as far-right Trump supporters. According to documents obtained by the Attorney General’s Office, Marchand wanted to depress voter turnout among Republicans to benefit Democrats on the ballot.

Democrats are also accused of sending illegal mailers supporting MAGA Republican candidate Bob Burns in the Second Congressional District GOP primary.

The Reynolds DeWalt Corporation, a Democrat-aligned mail firm based in Massachusetts, sent the four mailers promoting Burns in the GOP primary, helping him defeat mainstream GOP candidate Mayor George Hansel of Keene. Burns, who won 33 percent of the vote, beat Hansel by fewer than 1,800 votes.

According to a complaint filed by the state GOP, the mailers were illegal because they “failed to identify in the mailers who sent them, including a failure to provide ‘paid for by’ disclaimers on multiple mass mailings.”

The Attorney General’s Office contacted Reynolds DeWalt about the mailers before the primary. It refused to tell the attorney general who paid for them. The company is represented by the law firm of Hillary Clinton’s former attorney Marc Elias, the attorney responsible for funding and disseminating the “Steele Dossier” that helped feed the claim of collusion between Russia and the Trump 2016 presidential campaign.