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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.

With control of the State House down to a razor-thin margin, Secretary of State Dave Scanlan announced Thursday he plans to look again at one of the already recounted races, potentially returning a seat to the GOP.

On Monday, Democratic hopes of winning control of the House of Representatives were boosted when a recount of Hillsborough District 16, Manchester’s Ward 6, appeared to show incumbent Republican Larry Gagne lost 22 votes, handing a one-vote victory to challenger Maxine Mosley.

Almost immediately, however, Republicans suspected an error had occurred. Vote changes of more than a handful of ballots are rare. Rarer still are candidates losing votes in a recount. Scanlan, a veteran of many recounts, also took note of the unusual numbers.

“It’s unusual if it changes by more than 10 or 11 votes,” he told NHJournal.

Thanks to an audit of the district, it became clear that some 20 to 25 ballots were missed during Monday’s recount, bringing into question the results. Scanlan released a letter Thursday explaining the situation.

“Ballot counting will be continued in Hillsborough County state representative District 16 recount. The routine reconciliation process indicated that reconciliation and recount number were not equivalent,” the statement read. “The total number of ballots cast and counted for the office of governor in this district is greater than the total accounted for so far for the [Gagne v. Mosley] race. This indicates some ballots have not yet been counted in the recount.

“As a result, the process of recounting the ballots cast in that race will now continue on Monday, November 21, at 4 p.m.”

Republican House members told NHJournal they are pleased, but not surprised, by the decision. And they are very confident Gagne will ultimately hold the seat based on his original 1,820 to 1,797 margin.

“Every vote matters and should be counted. Anyone afraid to finish the recount should be questioned as to what they are afraid of finding,” said Rep. Ross Berry (R-Manchester). “This is a direct result of Republicans demanding transparency in our elections, and I look forward to bringing more sunshine into our voting process. The voters I represent in Ward 6 have a right to know all of their votes will be counted.”

There have been 17 recounts thus far, with a total of 29 currently scheduled, in the wake of last week’s midterms. Scanlan said it was a difficult decision to reopen the recount given the heightened scrutiny of the election process. But his office has more data available this year than in past years thanks to increased efforts to make sure the election results are accurate.

“It’s important that we get everything right,” Scanlan said.

The secretary of state has also created the Special Committee on Voter Confidence to examine concerns about election integrity in the state. While the committee has not found any evidence of widespread voter fraud, its final report has yet to be released.

Republicans currently have a one-seat majority in the House. A race in Rochester is tied. As a result, a Gagne win would be a significant development in determining control of the lower chamber.

Some candidates, mostly Republicans, requested recounts in races where they trailed by more than 100 votes, and it is extremely unlikely those outcomes will change during a recount. 

Manchester’s Ward 6 race isn’t the only one getting another look. Scanlan also announced 27 absentee ballots found in the Rockingham District 6 race could change the results. Democrat Eric Turer beat Republican Melissa Litchfield 1,213 to 1,198, a difference of 15 votes. However, an audit of that race found 27 absentee ballots were not counted on election night or during the recount this week.

Scanlan is asking the New Hampshire Ballot Law Commission to order the 27 absentee ballots be counted and made part of the total.

It is a situation that echoes the 2020 election fiasco in Bedford, where election officials failed to count 190 absentee ballots and then attempted to hide their mistake from the general public.

With control of the New Hampshire House just two seats from their grasp and the recounts going their way, state Democrats are staying silent on the behavior of Nashua Rep. Stacie Laughton, a repeat offender who was arrested over the weekend in a domestic violence-related stalking case. 

Laughton, New Hampshire’s first transgender elected official, spent the weekend at Valley Street Jail after she was arrested for allegedly violating a domestic violence order by stalking another person. Hudson police did not provide details about the misdemeanor charges when contacted this week, out of a desire to protect the identity of the alleged victim.

Democrats, who claim to be advocates for victims of domestic violence, have refused to respond to repeated requests for comment about Laughton’s case or condemn her actions. Some Republicans have compared it to state Sen. Jeff Woodburn, who was charged (and eventually convicted) of assaulting his girlfriend in 2018 yet faced little opposition from Democratic leadership in his primary and general elections. Woodburn won the primary but lost the general to obscure GOP newcomer David Starr.

Woodburn was eventually convicted and sentenced to 60 days in jail. Woodburn is appealing his conviction.

Laughton is charged with stalking a woman in violation of a civil restraining order, according to Hudson police. Laughton, and her spouse, were unavailable for comment about the arrest.

At least one House Democrat came to Laughton’s defense on Twitter. Rep. Timothy Horrigan (D-Durham) likened the stalking charges to a victimless crime.

“She’s gotten into a lot of trouble over the years & she keeps getting into trouble, but she’s basically a good person,” Horrigan tweeted. “She’s not violent or abusive, or harmful to anyone other than herself.”

Former GOP state Rep. Kim Rice was taken aback by Horrigan’s stance.

“I don’t think the person she was stalking would feel the same way,” Rice responded. “I am thinking that person would definitely think they were harmed. I’m shocked sitting on the [House] Judiciary Committee you would even say this.”

And Laughton’s criminal history is far from victimless. She was convicted in 2008 of credit card fraud for stealing from a person in Laconia. In 2015, Laughton was charged with calling in a bomb threat at the Southern New Hampshire Medical Center hospital in Nashua. These charges were later dropped as Laughton claimed she was suffering from a mental health crisis at the time.

Last year, as a sitting state representative, Laughton was charged with several counts of sending false texts to the city’s 911 system. Laughton claimed she did not send the texts in question, and the state and city party did seemingly nothing about her continuing legal adventures.

The protective order Laughton violated was issued in July, months before both the September Democratic primaries and last week’s midterm elections. That meant state and local Democrats were aware of Laughton’s actions and could have taken action.

Horrigan did not respond to NHJournal’s request for comment.

New Hampshire’s Democratic State Party has also declined multiple requests for comment, as have local Nashua Democratic Party leaders.

New Hampshire has few rules when it comes to legislatures in legal trouble. Paul Smith, clerk of the New Hampshire House of Representatives, said the state has no mechanism to remove a lawmaker charged with a crime.

“There are no rules,” Smith said. “There is no automatic process for expulsion.”

If the Democrats had a secret weapon Tuesday during their surprise showing for the midterms, it may have been young voters acting as a seawall against the anticipated “Red Wave.” And that was especially true in the Granite State.

Votes are still being counted, but instead of handily losing control of both houses of Congress as expected, Democrats may be a few seats behind the GOP in the House and have a realistic chance of maintaining the current 50-50 tie in the Senate.

They were so key to the Democrats’ success, President Joe Biden gave Gen Z voters a shoutout during Wednesday’s post-election presser.

“I especially want to thank the young people of this nation,” Biden said during his White House remarks. “They voted to continue addressing the climate crisis, gun violence, their personal rights and freedoms, and student debt relief.”

In the fight for the state legislature, Gen Z voters helped cut the size of the GOP House majority down to just 203-197 — before recounts. Republicans, like House Majority Leader Jason Osborne (R-Auburn), said they are confident their majority will hold. “The voters of New Hampshire have spoken and have sent Republicans back into the majority in the House for the 2023-2024 term,” he said in a statement.

But the final outcome will be directly impacted by the youth vote.

Democrat-aligned organizations spent millions focusing on mobilizing the youth vote. One of those groups, NextGen America, spent $25 million on the election, according to its president, Cristina Tzintzún Ramirez. Those voters were natural targets for the continual messaging on abortion and fighting extremism from the Hassan, Kuster, and Pappas campaigns.

“Young people are relentlessly committed to building the infrastructure needed to harness the full power and potential of the largest and most diverse generation in American history,” Tzintzún Ramirez said. “From abortion access to economic justice, young people recognized the stakes and mobilized to address some of the most challenging issues our country has ever faced. Young people just sent a clear message: The future belongs to us–and there’s no room for hatred, greed, or fear in the country we will continue to build.” 

Part of NextGen’s plan was to find voters on college campuses, targeting 245 colleges nationwide. The group used direct mail, texts, calls, and influencers to reach close to 10 million young voters ahead of Tuesday’s election. The success was evident in Tuesday’s results.

“Our initial data from Youth Vote Indicator Precincts shows that young people NextGen registered or pledged to vote turned out at 6 points higher than young people overall during the early voting period. And early turnout among young voters in precincts organized by NextGen exceeded nationwide averages,” Tzintzún Ramirez said. 

In college towns like Durham, home of the University of New Hampshire, and Hanover, home to the Ivy League’s Dartmouth College, college students surged to the polls. The Granite State has the highest percentage of college students in its population in the country.

According to Durham officials, 1,446 people registered to vote on Tuesday, out of more than 5,900 total ballots cast. Most of those new voters were UNH students. As a result, Democrats won big. Sen. Maggie Hassan and Rep. Chris Pappas scored nearly 4 to 1 margins over Republicans Don Bolduc and Karoline Leavitt respectively.

Carson Hansford, president of the UNH College Republicans, said the state party put time and money into getting out the vote in Durham, but could not match the intensity of the young Democrats.

“College campuses tend to be more liberal. That was proven again last night,” Hansford said.

In Hanover, close to 800 people registered to vote on Tuesday, again mostly students from Hanover, according to town officials. Griffin Mackey, a conservative Dartmouth student with the Dartmouth College Republicans, said voter sentiment in towns like Hanover did not reflect the reality of the rest of the state. Dartmouth students largely come from wealthy families that already skew liberal, he said.

“Dartmouth students are 1) not from New Hampshire and generally do not engage with the local community beyond their campus; 2) do not pay for food or rent, and 3) do not have cars or pay for gas,” Mackey said. “How on earth could Gen. Don Bolduc, or any other conservative candidate for that matter, appeal to those students?”

According to national exit polls, 63 percent of Gen Z and Millennial voters, aged 18 to 29, voted for Democrats. Just 35 percent backed the GOP.

Bolduc focused on economic issues impacting working families, like “heating or eating,” and most other GOP candidates hit the economy, record high inflation, and soaring fuel costs as part of their campaigns. Mackey said messages about economic insecurity generally fell on deaf ears in affluent Hanover.

“This is a foreign concept for many Dartmouth students who believe that the fossil fuel industry is evil and who want everyone to be vegan,” Mackey said.

Political strategists see it as the third rail of New Hampshire politics, but some Granite State Democrats just can’t seem to let it go: A state income tax.

In a recent interview with the Keene Sentinel, Peterborough Democrats Jonah Wheeler and Rep. Peter Leishman both said they could support a broad-based income tax to shift the burden of education funding away from property taxes. 

“Wheeler said that to further boost public-education funding, he believes a new source of revenue is needed in the form of an income tax, which he said would simultaneously take the burden off property taxpayers,” according to the paper. “Leishman said he would support that kind of legislation and has voted in favor of it in the past.”

They aren’t alone.

During an October 2022 podcast interview, Claremont Republican-turned-Democrat state Senate candidate Charlene Lovett said she was “open to looking at” a shift to an income tax as well. During the interview, she discussed her Citizens Count survey declaration that she is  “undecided” on the idea of a broad-based income tax and the backlash that answer inspired.

But rather than taking a clear anti-income tax stance, she said it is an option that should be discussed.

“We’ve gotta deal with the fact we have an over-reliance on property taxes and it’s hurting people,” Lovett said in the podcast. “I think we have to look at that.” 

Lovett said her openness to considering an income tax is based on hearing from people financially burdened by property taxes during her years as mayor of Claremont. It has the highest property tax rate in the state.

While Lovett is trying to thread a political needle on the income tax, other Democrats are more open about embracing broad-based taxes — or at least on ruling them out.

Rep. Debra Altschiller (D-Stratham), who is running for the District 24 Senate seat being vacated by Tom Sherman, is one of many Democrats who voted against last year’s House constitutional amendment to ban income taxes. Joining Altschiller in that vote were Reps. Steve Shurtleff (D-Concord) and Matt Wilhelm (D-Manchester), currently locked in a battle for their party’s leadership.

Neither Shurtleff nor Wilhelm responded to an NH Journal question about whether they plan to support an income tax if they become House Speaker or House Minority Leader.

The amendment to ban income taxes garnered a majority vote but died because it failed to get the necessary three-fifths majority.

Rep. Eric Gallager (D-Concord) has long been vocal about his support for taxing Granite Stater’s income, but he seems to understand the political reality for Democrats.

“I can call for one because I’m in a safe D seat running unopposed,” Gallager said recently on Twitter. “But if I ever ran for governor I’d have to stop, which is one of the major reasons why I don’t ever think I’ll do so.”

Gallager’s sense of his political future aside, no Democratic gubernatorial candidate in recent memory has supported an income tax. Current Democratic standard bearer Sherman (D-Rye) has been vocal in rejecting income taxes and sales taxes in his faltering campaign against Gov. Chris Sununu.

“I will veto an income tax or sales tax if it comes across my desk,” Sherman told the Pulse of NH.

But Sherman did back a mandatory paid family medical leave plan passed by the Democratic legislature in 2019, which was paid for by a mandatory payment based on wages. Republicans argue that is an income tax (it is actually a payroll tax), but Democrats still continue to trip over the issue.

During a recent candidate forum in the District 1 Senate race, Rep. Edith Tucker (D-Randolph) tried to explain her vote for the paid leave plan and its funding mechanism.

“It’s not an income tax,” she insisted. “It’s a tax taken for a particular purpose from your paycheck.”

Granite State voters may not see the distinction.

The violent attack on Speaker of the House Nancy Pelosi’s husband in their San Francisco home has raised the profile of political violence. But GOP state Senate candidate Lou Gargiulo says he and his supporters have been dealing with it for days — including incidents that required police involvement.

Gargiulo, a Hampton Falls businessman, is running for the District 24 seat being vacated by Sen. Tom Sherman, (D-Rye.) He is squaring off with outspoken progressive Rep. Deb Altschiller (D-Stratham) in this Seacoast district.

And while he knows the old adage that “politics ain’t beanbag,” Gargiulo says it is getting rough on the campaign trail.

“There’s an extraordinary amount of hostility from some people,” he told NH Journal.

In recent days, Gargiulo’s supporters in Seabrook had a truck driver attempt to swerve into their group twice before he got out of his vehicle looking for a physical confrontation.

“That’s beyond the norm,” Gargiulo said.

Over the weekend, Gargiulo had an iced coffee thrown at him. His wife had a power tool battery thrown at her.

“If that hit her in the head it could have killed her,” he said.

There is always some tension in the closing days of a political campaign, Gargiulo said, but this cycle has seen those sentiments ratcheted up several notches. It is not just that people stop and scream profanities and make obscene hand gestures, he said. People are screaming and making those gestures while they have children in their car and some of the screamers are elderly women, he noted.

“I’ve been screamed at by women in their 70s and 80s,” he said. “There’s no filter anymore.”

Gargiulo says Altschiller has been silent as he and his supporters have been subjected to this harassing and violent treatment.

“My opponent has not said anything,” he said. “This behavior is beyond the pale.”

Altschiller did not respond to a request for comment.

Gargiulo said the driver first drove up to a group of about 10 to 12 of his supporters holding campaign signs and swerved at the group. After driving past them, he turned his truck around and veered toward them a second time, Gargiulo said. The driver then pulled over, got out of his car, and started looking for an altercation.

“He wanted to get into a fistfight,” Gargiulo said.

After that scary situation was diffused, police were called about the matter. Seabrook Police did not respond to a request for comment on the incident.

On Sunday, after his wife was nearly pelted with the power tool battery, Gargiulo contacted the police himself. Rye Police Chief Kevin Walsh said officers are investigating the battery incident.

Gargiulo sees the partisan divide becoming sharper as Democrats sense the coming election is likely to be a tough one for their time. 

“They can feel they are on the brink of a huge red wave and mentally they cannot handle it,” he said.

Gargiulo said Democrats are seeing their election message centered on abortion rights falling flat, and they have only themselves to blame. Granite Staters are worried about record inflation driving up costs at the grocery store and making it hard to heat their homes this coming winter.

“I see hostility, I see anger, it’s because they are not prepared to lose,” Gargiulo said.

In the wake of the attack on Paul Pelosi, Democrats and their allies in the media have tried to argue that GOP messaging is promoting political violence. In particular, they point to Republicans like First Congressional District Republican Karoline Leavitt who say they doubt the outcome of the 2020 election.

Republicans respond by noting the repeated acts of violence targeting people on the right, from U.S. Supreme Court Justice Brett Kavanaugh to more than 100 crisis pregnancy centers over the past six months, to the shooting at a Republican congressional baseball team practice that injured six.

While there are always disagreements surrounding politics, even in a quiet community like Rye, Walsh says has not seen this level of anger before. Walsh said the tenor current of political discourse is discouraging.

“It’s America, you can use your words and voice your opinion,” the police chief said. “The component we’re missing is you’re supposed to respect each other. My parents brought me up that you’re supposed to respect that people have different viewpoints.”

Neil Levesque, executive director at the New Hampshire Institute of Politics at Saint Anselm College, told Jack Heath that St. Anselm College is releasing a new poll Tuesday night, and the early numbers show “independents are breaking toward Republicans.”

“It’s trouble at the end [for Democrats] because inflation is the issue that’s swaying these independent voters toward Republicans,” Levesque told Heath.

When Sen. Maggie Hassan attacked Gen. Don Bolduc for supporting the “FAIR Tax” during the NHPR U.S. Senate debate, nobody else in the room appeared to know what she was talking about — including Bolduc.

Days later, it was still not clear if Bolduc had ever embraced the obscure plan to eliminate the IRS, or is even familiar with its details. What is clear is that Team Hassan has worked hard to make it an issue in the waning days of the campaign — a fact that raises questions about the Democrats’ strategy.

Before last week, virtually nobody following the Hassan v. Bolduc campaign had heard the phrase “FAIR Tax.” When Hassan repeatedly declared, seemingly at random, that Bolduc backs a 23 percent national sales tax, he said he did not know what she was talking about. She pointed to his answer to a question on a Facebook Live event hosted by WMUR’s Adam Sexton a few days earlier.

The FAIR Tax slogan is “Abolish the IRS!” It would entirely replace all income and payroll taxes with a national consumption (or sales) tax. The premise is that wealthy taxpayers wouldn’t be able to use loopholes to evade paying their fair share and it would catch the revenue lost to the under-the-table economy.

Good idea? Bad? Whatever it is, it is not a topic that has been debated or discussed by either candidate — until Hassan brought it up during the debate.

No reference appears anywhere on the Bolduc campaign website. There was not a single media report of Bolduc ever talking about it at any of the more than 60 town halls he has held. A Google search for any previous mentions of “Don Bolduc” and “Fair Tax” came up empty.

So, where did it come from?

During the WMUR/Facebook Live event, Sexton read a question from an “Ann Heffernon.”

“Can you please ask Don Bolduc to speak more about his FAIR Tax plan?” Heffernon wrote.

In his answer, Bolduc did not endorse, or even mention, the FAIR Tax proposal or a sales tax of any kind. Instead, he said, “I want a fair tax so that everybody pays their fair share based on the income they make.”

Obviously referencing a tax “based off income” doesn’t sound like the FAIR Tax, and it is not part of his campaign. So, why was a viewer asking about “his Fair Tax plan?”

Perhaps because Ann Heffernon is a long-time leader in the Cheshire County Democratic Party. In fact, she was named the county’s Democrat of the Year in 2017.

NHDP Chair Ray Buckley and “Democrat of the Year” Ann Heffernon.

According to the Keene Sentinel, “She’s been active for decades and has served as [county Democratic Party] chair, vice chair, secretary, and treasurer of the organization. She’s coordinated events (including a women’s rally at Keene State College last fall), canvassed, conducted trainings, ran offices, gave rides, made food — anything that needs to be done.”

It is not difficult to deduce how this extremely specific question on an obscure topic made its way to Facebook.

Campaigns planting questions is nothing new. It’s standard operating politics for everything from talk radio interviews to town halls to make sure your candidates’ fans are the ones asking the questions. But planting a Facebook Live question to set up a radio debate attack on an issue literally nobody in New Hampshire is talking about?

Why?

To many longtime political pros, it was just another sign the Hassan campaign is still struggling. Running against an underfunded, inexperienced candidate who gives them a gaffe-a-day to work with, Hassan’s polls continue to fall. She took a double-digit lead and $50 million and turned it into a neck-and-neck race.

“Don Bolduc can’t win this race, but Maggie Hassan can lose it,” veteran GOP operative Karl Rove told The Wall Street Journal on Monday.

The Hassan campaign denies it invented this controversy, and it uses a 20-second clip of Bolduc at an October 14 Salem town hall in which he said, “We need either a fair tax or a flat tax,” and complains about the complexity of the tax code. Hardly a pillar of his campaign.

So once again — why? The tax issue is hardly a winner for Hassan.

In 2017, she voted to kill the Tax Cuts and Jobs Act (TCJA) which gave the average household earning between $50,000 – $75,000 a 19.4 percent tax cut, according to Americans for Tax Reform.  These Granite State households saw their average federal income tax liability drop from $6,030.80 in 2017 to $5,050.35 in 2019. Hassan voted against it.

The TCJA also increased the Child Tax Credit nationwide by $573.4 billion over a decade. She voted against that, too.

The New Hampshire GOP calls the Hassan campaign’s FAIR tax stunt both desperate and dirty.

“This is what desperation looks like,” said state party executive director Elliot Gault. “Gen. Bolduc is winning, all our candidates are rising in the polls, and we’re in the final days. Democrats have to turn to dirty tricks because they can’t beat our candidates on the issues.”

“Dirty trick” may be a bit over the top. But with Democrats bouncing from attack to attack — their new ad targets Bolduc’s comments on a “microchip” conspiracy theory — and Hassan’s lead fading in poll after poll, “desperate” sounds right on target.

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.

Former Democratic leader Jeffrey Woodburn, convicted of physically abusing his ex-fiancée, will represent himself next week as he seeks to reverse his case at a hearing before the state Supreme Court. 

The hearing is set for Tuesday morning. Woodburn is expected to argue he was denied a fair trial because he could not accuse the victim of abuse for trying to take his phone.

Woodburn (D-Whitefield) was the Democrat’s Senate Minority Leader when he was charged in 2018 with nine counts of assaulting his former fiancée. Though he initially resigned as leader, Woodburn clung to his Senate seat for months and members of the Coos County Democratic Committee initially refused to ask him to step down.

The appeal stems from Coos Superior Court Judge Peter Bornstein’s ruling that Woodburn could not argue self-defense during the trial. Woodburn was originally charged with nine counts stemming from more than a year of abuse he reportedly directed at the victim.

The convictions are based on Woodburn’s violent actions related to three separate incidents, according to court records. The victim went on the record telling Bornstein that at one point during her many struggles with Woodburn she tried to grab his phone without permission. Bornstein stated in court the attempted grab did not rise to the level of behavior that allows for Woodburn’s self-defense claims.

In the lead-up to the trial, Woodburn leaked the name of the victim to the media by having his attorney, Donna Brown, send unredacted copies of sealed court records to members of the press.

“His lawyer proactively sent copies of unsealed documents to the media,” the alleged victim’s attorney—and former Hillsborough County prosecutor— Patricia LaFrance told NHJournal at the time. “I’ve never seen that in my 16 years as a prosecutor”

Woodburn was sentenced to two years in jail with all but 60 days suspended. He has been out on bail pending his appeal.

New Hampshire Democrats now have the specter of Woodburn’s domestic violence haunting them again a few weeks before the midterm elections. Representatives for the state Democratic Party did not respond to a request for comment.

Woodburn’s case came at a particularly problematic time for New Hampshire Democrats, during the hearings for Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court. U.S. Sens. Maggie Hassan and Jeanne Shaheen both opposed the Trump nominee and used unfounded — and in some cases, ludicrous — allegations of sexual assault from Kavanaugh’s high school and college days as a reason to reject him. They were unwilling, however, to publicly criticize Woodburn until months after he was charged with a crime.

Woodburn won the Democratic nomination in 2018 but lost the general election.

The most egregious blow to the victim, critics say, came when a Woodburn paramour who smeared the victim as a “liar” and “sociopath” was given a leadership award by the Manchester Democrats organization.

Women in New Hampshire’s GOP are getting a boost from the Republican State Leadership Committee, a national organization throwing its support behind women candidates in State House races up and down the ballot. 

“The RSLC is encouraged to see so many women candidates running in state legislative races who will effectively represent their communities in Concord and advance commonsense policies to counteract Joe Biden’s failed agenda,” said RSLC National Press Secretary Stephanie Rivera.

The RSLC has so far spent $500,000 to help send women and others to Concord this election cycle. According to Rivera, 27 percent of the Republicans running for the House this year are women, as are 26 percent of the GOP Senate candidates. Betting on Republican women is a safe wager, she said.

“In the State House, 51 percent of Republican women who ran in 2020 won their campaigns. In the Senate, Republican women had a 55 percent success rate,” she said.

According to Rivera, the RSLC’s Right Leaders Network is leading the effort to grow the Republican Party through the RSLC’s Right Women Right Now and Future Majority Project initiatives. The committee is focused on recruiting, training, supporting, and electing thousands of diverse state Republicans across the country.

New Hampshire is a key state for both Republicans and Democrats, as the national parties are looking to gain a foothold in state legislature races. The Democratic Legislative Campaign Committee (DLCC) is targeting legislatures in New Hampshire, Michigan, and Minnesota, pumping money and resources in an effort to turn all three state legislatures blue.

“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.

It makes sense for the national GOP to invest in New Hampshire races, according to Rivera, as the GOP leadership in Concord has proven successful in handling the economy and the COVID-19 pandemic, and voters are looking to continue that success.

“New Hampshire has the best economy in the New England region and the second lowest unemployment rate in the country because the Republican-controlled Legislature has made the economy a top priority by passing a historic state budget that includes $171 million in tax relief for working families and small businesses, cuts taxes for retirees, and reduces property taxes by $100 million to provide relief. This diverse slate of candidates will help Republicans hold both chambers in the Granite State to continue this record of success,” Rivera said.

Democrats have been leaning heavily on abortion as an issue to motivate their base. They’re spending big money on ads attacking GOP Gov. Chris Sununu for signing a law that bans abortion after 24 weeks, or six months, of pregnancy. Sununu’s challenger, Sen. Tom Sherman, D-Rye, is using abortion as a major campaign plank, arguing against any restrictions on abortion.

“I would want to put in place Roe v. Wade in the state of New Hampshire,” Sherman said. “New Hampshire does not want the state in between a doctor and a patient, especially on such an intensely private issue.”

The issue may play with well Democratic donors, but not even New Hampshire Democrats support unrestricted abortion through all nine months of pregnancy. A St. Anslem College poll taken in August found about a quarter of Granite State Democrats support some limits on abortion, as do about 70 percent of the general population.

Rivera said New Hampshire voters, especially women voters, see the GOP as having the answer to issues like out-of-control inflation, soaring energy costs, and the price of food.

“Just like all voters in New Hampshire, women are pleased with the job being done by the Republican trifecta in Concord to push back against Joe Biden’s inflation with tax cuts that put more money in the pockets of working families,” Rivera said.