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With control of the state House of Representatives down to a handful of votes, New Hampshire Democrats continue to count on every vote from their caucus — including one member currently sitting in a Manchester jail cell. And while Rep. Stacie Laughton (D-Nashua) is a repeat offender accused of stalking a Hudson woman for years, Granite State Democrats have declined to denounce her or call for her removal from the caucus.

Laughton is currently being held without bail after 9th District Court Judge Kimberly Chabot found clear and convincing evidence that the incumbent state representative is currently a danger to the alleged victim and the community at large. According to court documents reviewed by NHJournal, Laughton’s harassment of her alleged victim extends back to at least 2019.

Laughton is facing dozens of misdemeanor charges ranging from making false 911 calls to stalking to criminal defamation, all related to her harassment of the alleged victim. NH Journal is not identifying the woman named as Laughton’s target.

Prosecutors are also asking the court to impose the suspended nine-month jail sentence from a prior case involving the same victim. According to court records, Laughton pleaded no contest to three misdemeanor counts in August alleging she called 911 to make false reports about the victim.

Laughton is due to appear in the Nashua courthouse this week for a status conference hearing. It is not known if her public defender, Elliot Friedman, plans to argue for her release. Friedman was not available for comment on Tuesday.

Laughton’s next big date is Organization Day at the State House on Dec. 7, when House leadership positions will be decided and the secretary of state will be elected. With the GOP’s majority a slim 201 to 198 (with one tie outstanding), it is possible Democrats could hold the majority, depending on attendance. Every vote will count, including one cast by an accused criminal.

Rep. Matt Wilhelm (D-Manchester), the progressive recently elected leader of the Democratic Caucus, did not respond to a request for comment. Would Democrats allow Laughton to participate as part of the caucus if she is still behind bars?

Under the New Hampshire Constitution, state representatives cannot be stopped from attending a House session for any reason, including arrest. If Laughton gets a ride from Valley Street Jail in Manchester to Concord on Dec. 7,  will she be sworn in?

House Clerk Paul Smith said that while he is not a lawyer, he does not think Laughton can get out of jail for the day to get sworn in and vote on leadership.

“I can’t imagine that a member-elect (who could theoretically be sworn any time) would be released for the purposes of being sworn in,” Smith said.

Anna Fay with the New Hampshire Secretary of State’s Office said the protocol for a member who is being held on bail is not clear. However, members who are convicted of felonies are ineligible to serve, she said.

Former House Speaker Bill O’Brien said New Hampshire’s Constitution protects House members from being arrested while performing their duties, but he does not think that protection extends to cases like Laughton’s.

“When the framers of the New Hampshire Constitution in 1784 included Article 21, they were seeking to avoid the experience of about a hundred years prior in England when Charles I was seizing members of Parliament on their way to London to vote against him or while they were attending Parliament,” O’Brien said. “While seeking to avoid that, the framers surely weren’t intending to allow legislators to violate anti-stalking protective orders without consequence.”

Laughton has a long history of illegal behavior. She was convicted in 2008 of credit card fraud for stealing from a person in Laconia. In 2015, Laughton was charged with a crime after calling in a bogus bomb threat at the Southern New Hampshire Medical Center hospital in Nashua. Those charges were later dropped as Laughton claimed she was suffering from a mental health crisis at the time.

Laughton won a seat for state representative in 2012 but was forced to resign soon after her 2008 credit card fraud arrest became public. Laughton tried to run again to fill the seat in a special election after her resignation, but that bid was cut short when it was deemed, she was legally ineligible for office at the time since she was still technically serving her suspended sentence for the felony credit card fraud case.

Laughton has been engaged in harassing the woman and her parents for years, according to court records. She used her radio show and social media accounts to stalk and harass the woman and repeatedly called 911 to falsely report the woman was suicidal, according to court records. Alarming to the victim, at one point, Laughton referred to the woman as her “wife.”

Laughton, New Hampshire’s first transgender state representative, is already married to a different woman.

None of this stopped state Democratic Party chair, Ray Buckley, from giving Laughton a shout-out as part of the “backbone of the Granite State” in a June 2022 op ed celebrating Pride Month.

With the House so closely split, it’s possible the vote to pick the next Speaker could come down to a single vote. If that vote belongs to Stacie Laughton, will Democrats take it?

The November elections are shaping up to be a tough slog for Democrats in the New Hampshire House, and when they’re over, the caucus will have another battle brewing. Both Rep. Matt Wilhelm, (D-Manchester) and Rep. Steve Shurtleff, (D-Penacook) have announced they plan to run for House Democratic leader.

It is a contest that could once again crack the brittle facade covering tensions between the caucus’s disgruntled progressives and establishment members who currently hold the upper hand.

Shurtleff, a former Speaker of the House, is solidly aligned with his party’s establishment wing.

Wilhelm is not part of the hardcore progressive group, perhaps best represented by outgoing member Rep. Manny Espitia, but he is closer to them than Shurtleff. Wilhelm also has the advantage of handling the money members are counting on to help win re-election. He heads the New Hampshire Democratic Victory Campaign Committee, and he has also been named a NewDEAL Leader by the national pro-growth, progressive NewDEAL network. It is a group that includes Georgia gubernatorial candidate Stacy Abrams, Wisconsin Senate candidate Lt. Gov. Mandela Barnes, Sen. Cory Booker (D-N.J.), and Transportation Secretary Pete Buttigieg.

Shurtleff was waiting in the wings to take over for the liberal Renny Cushing (D-Hampton) as he battled cancer. Cushing died in March from complications of cancer and COVID-19. But his ascent was blocked by progressives who kept him from taking even temporary leadership of the caucus. 

Instead, Nashua’s Rep. David Cote took over as Minority Leader, despite the fact he hadn’t been to Concord in years due to fears of COVID.

Shurtleff announced his candidacy via Twitter on Wednesday. Wilhelm announced his earlier this month. “I would like to publicly announce my candidacy for the next Speaker of the House. Tough times demand tough leadership. I would appreciate your support,” Shurtleff wrote.

Shurtleff’s announcement inspired immediate pushback from outgoing and outspoken Rep. Sherry Frost, (D-Dover.)

“Define ‘tough leadership’ please, because what I saw (and heard, from you) was that you saw your job as ‘protecting the minority’ when you were last Speaker,” Frost tweeted in response.

When contacted by NHJournal, Frost declined to clarify her statement saying she is not running for reelection. She refused to answer if she thought Shurtleff was the right person for the job, or who she would support in his stead.

“I would hope that my remaining colleagues would choose someone who understands and is comfortable with legislative strategy and has no patience for nonsense at the well,” Frost wrote. 

This is Wilhelm’s second run for House leadership. He put his hat in the ring ahead of the 2021 session, saying New Hampshire Democrats needed to change their message after losing control of the legislature even as Joe Biden was winning the state by nearly eight points. 

“After the setbacks of early November, we would be remiss if we did not re-examine our strategy and tactics for how we govern, how we campaign, and how we communicate with the working families of New Hampshire and those who feel like they don’t have a voice,” Wilhelm wrote in a letter to his House colleagues.

Shurtleff earned Cushing’s ire in the lead-up to the leadership election for the 2018 House session. Cushing accused Shurtleff of gaming the date of the party caucus in order to shut out potential rivals.

“As a loyal Democrat, it saddens me to realize that while the Republicans are having a robust contest to see who will emerge as the majority party’s candidate for Speaker, the incumbent leadership of the minority party apparently doesn’t feel the need to, or doesn’t want to, involve rank and file Democrats in the decision about who will be the party’s Speaker candidate and what policies, program and vision that nominee will bring to the contest,” Cushing wrote.

A national Democratic organization that works to win state legislative elections is targeting Concord with the goal of wresting control from the Granite State GOP. But despite its money and aggressive rhetoric, local Republicans say they aren’t worried.

“Good luck with that,” said New Hampshire GOP chairman Steve Stepanek, a former member of the House himself.

According to a report in the Daily Beast, the Democratic Legislative Campaign Committee (DLCC) is targeting legislatures in New Hampshire, Michigan, and Minnesota.

“We know what we’re up against, but we are making a play to undercut GOP power in the Michigan House and Senate, the Minnesota Senate, and the New Hampshire House and Senate,” DLCC President Jessica Post said on a conference call with reporters Tuesday.

And while Democrats pushing the plan are angry the Democratic National Committee has refused to fund their efforts, President Joe Biden came through with a direct fundraising appeal on the DLCC’s behalf to help fill their war chest.

“State legislatures are the key to stopping Republican abortion bans, attacks on L.G.B.T.Q.+ rights, bills that undercut our democracy by making it harder for people to vote,” Biden wrote in an email to the DLCC mailing list. “Not just that, state legislatures are essential — I mean it, essential — to lowering prices for American families and building an economy that works for everyone.”

And, the DNC says, it is spending on federal races in New Hampshire and other swing states which will help drive up turnout for every Democrat on the ticket.

State Rep. Matt Wilhelm, D-Manchester, who may be making a play to lead the House Democratic Caucus, touted the state party’s campaign to take control in Concord. He said at a recent party gathering that the team behind the Democrats’ fall push has put together a data-driven organization focused on winning the House and Senate.

“We have built an unprecedented campaign,” Wilhelm said.

But despite the big talk — and big money– House Speaker Sherman Packard (R-Londonderry) told NHJournal he feels very good about his party’s prospects to hold both the House and Senate.

“Their chances of flipping the legislature are extremely thin. How anybody could think they could flip the House or Senate with the disastrous fiscal policies Democrats have imposed at the federal level,” Packard said. “And if the Democrats did take over here, the terrible fiscal policies of Washington, D.C. would come to Concord. Let me tell you, that’s not what the voters of New Hampshire want.”

As for resources, Packard says Republicans will have the money they need “to get out the message about what Democrats would do if they take over.

“And that stunt in Rockingham County– where I live –and their claim that it was a printer’s mistake? That’s beyond laughable. It was a trick and they got caught. Where did the printer get the name of the ‘Rockingham Board of Elections?’ It’s a typical Democratic stunt, trying to fool the voters.”

State Rep. Ross Berry (R-Manchester), one of the members working on the House campaign efforts, said state Democrats need the out-of-state cash and all the help they can get, because the Democratic Party is not a winning organization in the Granite State.

“It is not surprising that New Hampshire House Democrats will once again benefit from large out-of-state contributions and D.C. support. In their last report one couple in California gave them $40,000,” Berry said.

“If this was a race of New Hampshire money only, they wouldn’t have two pennies to rub together,” he noted. “The Committee to Elect House Republicans has a record number of donors (over 950), virtually all of whom are from New Hampshire and over three times the number of donors as the House Democrats. Sadly, extremist liberals from New York and California are more than willing to finance the lies and half-truths of New Hampshire House Democrats, but we weathered their storm in 2020 and we will do it again in 2022.”

Another asset for GOP legislators? Having popular GOP Gov. Chris Sununu at the top of the ticket. Polls consistently show he is popular with both Republicans and independents, and he is credited with helping his party flip the state House and Senate in 2020, even as Joe Biden was beating President Donald Trump in New Hampshire by about eight points.

With Biden’s job approval numbers deeply underwater among Granite State voters, he is unlikely to help Democrats improve their performance over two years ago.

Still, Democratic Party state chair Raymond Buckley sees a blue wave coming, despite recent polling that puts Republicans on top when it comes to the economy, crime, and border security. The national funding could be just what Granite State Democrats need to buck the trends.

“Granite State Democrats more than doubled our voter turnout in this year’s Primary Election over the last midterm when a Democrat controlled the White House,” Buckley said in a recent email to his fellow Democrats. “Even with a limited number of contested primary races, over 90,000 Democrats turned out and voted, as opposed to 2014’s 40,000. There is so much at stake this November, and Granite State Democrats have shown time and time again that we are fired up and are doing what it takes to win.”

Both House Democratic Leader Rep. David Cote (D-Nashua) and Senate Leader Donna Soucy (D-Manchester) declined to comment for this story.

The political website CNalysis, one of the few that analyzes state legislature races, reports the New Hampshire State House “tilts Republican” and predicts Republicans are likely to hold onto their majority.

And Packard said he sees a strong showing for the GOP as voters worry about inflation, soaring grocery prices and high energy costs — all under the leadership of Biden and the Democrats.

“People are hurting like hell right now. And if Democrats ran things in New Hampshire and Washington, they would be hurting even more,” Packard said.