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SHAUGHNESSY: There Was No Cover-Up In Bedford Ballot Case

Brian Shaughnessy, a candidate for Bedford Town Moderator in the March 8 municipal elections, played a key role in the November 2020 elections in which two sets of ballots were mishandled and town officials kept the mistake a secret for nearly a year.

NHJournal’s reporting on the story can be found here, here and here.

Shaughnessy has since been nominated by Gov. Chris Sununu to serve as a Circuit Court judge. One of the five members of the Executive Council has already urged Sununu to withdraw the nomination.

Shaughnessy posted the following on Facebook Friday:

 

My name is Brian Shaughnessy and I am running unopposed for Bedford Town Moderator.

There is a write-in candidate, Hanan Wiseman, who has a website that contains false and misleading information about me. Mr. Wiseman’s website states: “We CANNOT allow someone like Brian Shaughnessy who is compromised and came under investigation from the Attorney General’s office for mishandling the 2020 election, then lied about it to the voters here in Bedford to oversee elections!”

He also states that I have said I do not work for the voters. In his defense, he is getting this inaccurate information from several stories and social media discussions that allege my involvement in a cover-up, and allegedly lying to voters in a letter I did not author or send. Almost all of this speculation and innuendo are inaccurate at best, and purposefully false at worst.

I am not the Town Moderator, I am not under investigation, I did not send any letter to the voters. I did not handle any of the ballots that are the subject of recent articles, nor was I in any way involved with the mistakes that were made, training the dozens of new election workers required to process the 7,700 absentee ballots received by Bedford for the 2020 COVID general election, or communicating any information to the state, town, or voters. I am an unpaid election volunteer performing my civic duty.

An honest mistake was made. After the November 3, 2020 election, the Assistant Town Clerk could not reconcile the number of ballots issued with the number of votes cast. This is a standard report/ reconciliation that is required to be filed with the Secretary of State’s office to assure the integrity of the election and guard against any ballot box stuffing or other attempts to “rig” an election.

As required by law, the NH Attorney General’s office conducted an investigation. Its report dated October 21, 2021, found no wrongdoing and determined that an election worker inadvertently moved a container of 190 uncounted absentee ballots which had been pre-opened per COVID related protocols to the table where the empty absentee ballot envelopes, which are required by law to be preserved for 3 years, were being stored for eventual transfer back to Town Hall for storage. After finding the unopened uncast absentee ballots, the Town Clerk immediately contacted the Secretary of State’s office and reported the discovery.

I was not the subject of the investigation or at any time “under investigation.” I was a witness in that investigation.

There was no lie. A letter sent by Moderator Klein and Town Clerk Gellar to the 190 absentee voters indicated that they were advised to not discuss this matter with anyone, not even the Town Council, because it was the subject of a pending investigation. In a detailed letter I sent to the Town Council prior to a November 17, 2021, Council meeting (both of which are public record), apologizing to the Council that it was left in the dark for 11 months while the Attorney General’s office was investigating the matter, I acknowledged that the Klein/Gellar letter could have been more articulately phrased, but that letter did not state that Bedford election officials were “ordered” by the Attorney General’s office to not discuss the matter with anyone while the investigation was pending.

The advice to not discuss matters relating to the pending investigation came from me, as a lawyer, advising someone who is the subject [of] a pending investigation that could support criminal charges (see RSA 661). Any notification to the Town Council would be subject to RSA 91-A (the right to know law), and any public statements could become fodder for social media which could impact the pending investigation. Standard legal advice.

Despite an accusation made by a Town Councilor during the November 17, 2021, Town Council meeting that my legal advice was “haphazard’: it is the same legal advice Moderator Klein and Clerk Gellar subsequently received from the Town Attorney.

I did not state election officials do not work for the voters. At the Town Council meeting, I responded to a particular question to me that incorrectly stated that the Town Moderator, an elected official, had a duty to report to the Town Council. The Town Councilor who made the inaccurate statement demanded that all of the Town officials who knew about the uncast absentee ballots and did not report it to the Town Council should resign. I responded that both the Town Moderator and the Town Clerk are also elected officers, and as Election Officials, they report to the Secretary of State’s office on election matters, which they did in this case, and not the Town Council (see NH Constitution, Part 2, Article 32 and RSA 659:60).

I further pointed out that I could not resign as demanded because I was not an elected official and only serve at each election at the discretion of the Moderator that appoints me. There was no office for me to resign from since I am simply a volunteer who does not get paid and is not elected. Bill Klein was very pointed in his statements that election officials are accountable to the voters.

From those statements, it is being reported, and repeated, that I have stated that we do not work for the voters and have no obligation to be transparent to the voters. Simply not true.

There was no effort to hide the ball, or intention to cover this matter up. I would never be a party to that type of behavior.

The Secretary of State’s office was notified within 30 minutes of the discovery which was the appropriate chain of command. During a meeting after the discovery was made, I recommended, and everyone agreed, that we would notify the 190 voters and apologize that they were disenfranchised through an honest mistake. That would only be done, however, once we received permission from the Attorney General’s office. We had no idea that the report would not be finalized until 11 months later, but Moderator Klein and the Town Manager knew from the beginning that at the conclusion of the Attorney General’s investigation, a report would be sent to the Town at which point it becomes a public document.

I firmly believe every Bedford official acted in good faith, fully cooperated with the investigation, and did what he/she believed was in the best interests of election integrity as a whole.

I agreed to run for Town Moderator again after Bill Klein indicated he was stepping down, and no one else signed up for the job. Today, more than ever, we need experienced people running our elections.

 

EDITOR’S NOTE: An earlier version of this story reported Shaughnessy is being considered for a Superior Court judgeship. It is the Circuit Court. NHJournal regrets the error.

EC Wheeler: Sununu Judicial Pick Has ‘Integrity’ Problem, Gov Should Dump Him

Executive Councilor Dave Wheeler says Gov. Chris Sununu’s troubled judicial pick Brian Shaughnessy doesn’t belong on the bench, and he should withdraw from consideration. And if he doesn’t, Sununu should pull the nomination himself.

Wheeler’s announcement adds to the growing speculation that Shaughnessy’s nomination will not make it through the Executive Council.

Shaughnessy, who served as assistant town moderator, is best known for his role in the town of Bedford’s bungled 2020 elections and urging his fellow town officials to keep their mistakes secret from the public. Rather than stepping back, Shaughnessy is currently a candidate for the town moderator position, a move that is raising its own ethical questions.

NHJournal reached out to all five members of the Executive Council. Only one would speak on the record, and his message to fellow Republican Chris Sununu was clear.

“I have received many calls from citizens questioning his integrity and asking me to oppose his nomination,” Wheeler told NHJournal. “Mr. Shaughnessy should withdraw himself from nomination.”

If he doesn’t, Sununu should pull his name from consideration, Wheeler added.

And, Wheeler said, “If neither happens before his public hearing, [Shaughnessy] has a lot of explaining to do!”

Assuming Democrat Cinde Warmington opposes Shaughnessy’s nomination, that puts the problematic pick just one vote away from defeat on the 4-1 GOP-controlled Council. Sources close to the remaining Executive Councilors say there is little support for Sununu’s nominee among Republican councilors, who are hearing grassroots opposition to the nomination.

Few Republicans want to criticize the popular Republican governor on the record; but behind the scenes, some of his supporters are irate that is he is recharging the election-integrity issue.

Sununu did not respond to a request for comment.

One person willing to speak was former Town Councilor Kelleigh Murphy, who cast a vote of”no confidence” last November over Shaughnessy’s mishandling of ballots and declaration that the councilors, and the voters of Bedford, had no right to know what election officials were doing.

“We don’t work for you,” Shaugnessy told the town council.

Murphy told NHJournal on Tuesday, “I don’t think it’s an appropriate nomination. The judiciary is the highest echelon of the legal profession, and nominees to and those holding that honor should (and typically are) reflective of the highest level of character and fitness.”

Days after the November 2020 general election, a tray of 190 uncounted absentee ballots was discovered in Bedford. Rather than reveal the mistake, Shaughnessy advised the town moderator and other officials to inform the Secretary of State but leave the town council and disenfranchised voters in the dark. It was nearly a year before the truth came out, at which time the town sent a letter falsely claiming the state Attorney General’s office instructed it to hide the error.

Shaughnessy has since acknowledged he was the source of the “haphazard legal advice” that kept voters from finding out what town officials had done.

A few weeks later, another stack of mishandled ballots was discovered by Bedford officials. Again the town refused to reveal basic details about the ballots to the public. The town is currently under investigation by the Attorney General’s Office over the second tranche of ballots.

And Shaughnessy’s troubles may not end there.

An email is circulating within Bedford legal and political circles raising questions about the ethics of Shaughnessy campaigning for the town moderator position in the March 8 election. The email includes a link to the American Bar Association’s Model Code of Judicial Conduct, specifically Canon 4: “A Judge Or Candidate For Judicial Office Shall Not Engage In Political Or Campaign Activity That Is Inconsistent With The Independence, Integrity, Or Impartiality Of The Judiciary.”

A Bedford attorney who asked to remain anonymous said there was a general unease with the idea of Shaughessy running for office as a judicial candidate and, even more, serving as both a judge and the town’s top election official.

“Elections are politicized now. There are all kinds of questions and conspiracies. People aren’t saying it’s illegal or even wrong [for Shaughnessy to hold both jobs], but they aren’t happy about it, either.”

Hanan Wiseman is running for town moderator as a write-in candidate. He tells NHJournal voters are raising the issue of Shaughnessy’s judicial nominee when he’s out campaigning.

“I’m not finding any support for [Shaughnessy] or his judgeship,” Wiseman said. “And a lot of people don’t believe the Executive Council will approve him.”

Shaughnessy declined to respond to a request for comment.

Red-Hot NH Economy Struggles to Find Workers

New Hampshire businesses continue to struggle to find workers even as the state economy leads the rest of New England, according to data released this week.

New Hampshire ranks in the top five states with the most open jobs, according to a WalletHub study released this week. Alaska, Vermont and Wyoming top the list of states where employers have the most trouble finding workers, with New Hampshire coming in fourth.

According to the study, New Hampshire has had an 8.5 percent job opening rate in the last 30 days, with a 7.28 percent rate over that last year. This means New Hampshire businesses need to work harder to get and keep employees, according to Paul  Antonellis, director of Institutional Planning and Assessment at Endicott College.

“The employer should be open to identifying what employees today want/need to ensure that they are meeting or exceeding those wants/needs. Today the employer must be willing to think outside the box as to how they can recruit and retain employees, what worked in the past may no longer be a driving force today and the employer needs to be willing to pivot recruitment and retention efforts for the given occupation,” he said.

According to Anthony Farina, a professor with Baruch College, City University of New York, attracting and retaining employees might be a simple matter of paying more for front line workers. There are many businesses that pay executives big salaries while skipping on the front line workers.

“If you can pay someone millions of dollars plus stock, year, after year, after year, you can pay your people better at the lower end of the pay spectrum. People are aware of what goes on in the C-Suite and at board meetings, so get out of your bubble and be willing to pay people better. You might be surprised,” he said.

Rowena Gray, Associate Professor of Economics at the University of California, said a big factor to the number of employees who are taking advantage of the CVID endemic by switching jobs and careers, leaving low paying gigs for better situations.

“So, this is good for workers and the high turnover rate might then be thought of as a chance to make better matches between workers and employers, which might also boost productivity,” she said.

Gray thinks the economic pressure will continue to bear on businesses who rely on lower wages for employees. These businesses will continue to see unionization efforts and other pushes to increase pay and benefits,

“The biggest pressure right now is on the lowest-paid work, so I would expect pay and benefits to be the main focus. We are seeing the push to unionize in various employers which have used zero-hours contracts and avoided offering benefits to employees, and maybe workers will be able to end those scenarios in this era of higher worker leverage,” she said.

Gov. Chris Sununu boasted Thursday about the Granite State’s rankings that show New Hampshire is a regional leader in economic and population growth and as a national leader in freedom and public safety.

“Ranking after ranking shows that the Granite State is the place to be,” he said. “We are very proud that our life here in the 603 is simply the best of the best, but we did not get here by accident.”

Sununu Mocks Manchester Visit by ‘Infomercial Guy’ Lindell

My Pillow CEO Mike Lindell may be a rock star on the fringe right, but Gov. Chris Sununu tells NHJournal he is not impressed.

“New Hampshire isn’t interested in debunked political conspiracy theories from some infomercial guy. Our citizens can sleep easy knowing that our elections were safe, secure, reliable, and accurate – just as they are every year,” Sununu said Monday.

That stands in stark contrast to Lindell, who claims the Granite State presidential election was stolen by Chinese computer hackers and corrupted vote-counting machines that switched more than 50,000 votes.

Lindell, best known for his non-stop TV ads on Fox News and out-there theories about COVID-19 and the 2020 election, is bringing his conspiracy roadshow to Manchester’s Doubletree Hotel Wednesday morning. The New Hampshire state House of Representatives will convene at the same hotel, due to COVID concerns, that morning.

According to an email sent by state Rep. Susan Homola (R-Hollis), legislators and town officials are invited to “a presentation on the latest tools, techniques, and technology advancements in election security. This presentation is being hosted by Mike Lindell, and it is intended to be a forward-looking discussion on emerging election methods and supporting hardware.”

Homola declined to respond to multiple requests for comment, nor would she name any local organizers or participants. For a social media savvy figure like Lindell, there are virtually no mentions of the upcoming event, which is not open to the public.

Lindell, who is facing multiple lawsuits for his outlandish claims about voting machine companies, remains adamant that Donald Trump won a major popular vote victory in 2020, despite the available evidence to the contrary.

This won’t be the first time Lindell’s pitched his view of American politics in the Granite State.

“China picked our winners” in the 2020 election, Lindell told the group 603 Alliance during a speech in Manchester last August. “Everybody knows it — 100 percent this election was stolen,” Lindell said. “It was stolen by machines,” he added. “There had to be some kind of algorithm because it went across all states.”

And yes that includes New Hampshire’s election which, despite the work of then-Sec. of State Bill Gardner, Lindell claims was stolen by the Chinese Communist Party. Lindell declared that rather than losing the state by eight points (425,000 t0 366,000), Trump won the Granite State, 410,000 to 375,000 votes.

 “He crushed New Hampshire, he crushed it,” Lindell claimed.

Lindell’s latest project is making pillows for the truck drivers protesting in Canada.

“All of our employees are busy making pillows right now for the truckers in Canada,” Lindell told an interviewer over the weekend. “We’re going to try and get them through. I’m not going to say what day or you know there will be obstructionists.”

Sununu Hails SCOTUS Ruling Blocking OSHA’s Vax Mandate

New Hampshire Gov. Chris Sununu today praised the U.S. Supreme Court’s ruling shutting the Biden administration’s attempts to use a workplace regulatory agency to enforce a COVID vaccine mandate on private businesses.

However, the court permitted the vaccine rule to be imposed on healthcare workers at institutions that receive Medicare or Medicaid funding, unless those employees have medical or religious exemptions.

“I would like to thank the Supreme Court for listening to the countless businesses across our state that would have faced catastrophic workforce shortages had this mandate gone through,” said Sununu. “I am as pro-vaccine as they come, but today’s decision to halt the president’s overreaching vaccine mandate is good news for employees and the businesses that keep our supply chains running and economy open.”

New Hampshire was one of 27 states that sued the Biden administration in various venues over its attempts to use the Occupational Safety and Hazard Administration (OSHA) to impose mandates on employers with 100 or more workers. The mandates, which required employees to either be vaccinated or undergo regular testing, would have affected 84 million workers.

OSHA issued its mandate in November, parts of which– including a mask mandate for unvaccinated workers — were scheduled to take effect this week.

Biden’s Chief of Staff Ron Klain re-tweeted a statement calling the OSHA rule “the ultimate workaround for the federal government to require vaccination,” a point noted by the court during its oral arguments last week. Klain’s attitude fed suspicions among some legal observers that the White House’s decision to issue the OSHA order is just the latest example of the Biden administration issuing a policy they know is unlikely to survive legal scrutiny for the sake of political messaging.

For example, when Biden issued a federal moratorium on evictions last August, he admitted, “The bulk of the constitutional scholars say it’s not likely to pass constitutional muster.” The Supreme Court swiftly struck it down.

It only took a week for the Supreme Court to do the same with the OSHA mandate, once it reached the high court. “Under the law as it stands today, that power [to regulate the pandemic] rests with the states and Congress, not OSHA,” Justice Neil Gorsuch said Thursday.

“By blocking the OSHA mandate, the Supreme Court showed that it’s possible to take statutory limits on federal power seriously, not just constitutional ones,” said Ilya Shapiro, director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute. “After all, even if we accept federal regulation of workplace safety as constitutional, there’s a difference between occupational risk and the general risk of living in a pandemic.”

New Hampshire Republicans have largely fallen in line with Sununu’s “Yes to vax, no to mandates” policy. State GOP legislators hailed the ruling as well.

“The Supreme Court confirmed what we already knew: the Biden vaccine mandate was a vast government overreach that reeked of despotism,” said House Majority Leader Jason Osborne (R-Auburn). “House Republicans have stood firmly against this assault on personal freedoms.”

It’s not just Republicans. While both Sens. Maggie Hassan and Jeanne Shaheen cast votes in support of the federal mandates, their fellow Democrat Rep. Chris Pappas, who likely faces an uphill reelection fight in a newly-drawn First Congressional District, broke with his party on the issue.

After Thursday’s ruling, Pappas released a statement reiterating his opposition to the mandates.

“I repeatedly expressed my concerns for small businesses as the Biden administration developed this standard, and I led a bipartisan call in the House opposing the requirement in its current form given the confusion and economic hardship it would have caused employers and workers,” Pappas said. “I continue to urge the administration to revise its approach so that we do not place unworkable or unnecessarily burdensome requirements on businesses who are still struggling to recover from the ongoing pandemic.”

Granite State business owners breathed a sigh of relief.

“The vaccine mandate was a giant overreach by the administration and the exact reason our Founders created the judicial branch to keep the executive branch in check,” said Tom Boucher, CEO of Great NH Restaurants.

In a new Scott Rasmussen poll, 55 percent of voters said they know a business that can’t find all the workers it needs.

“I’m proud that New Hampshire has one of the nation’s highest vaccination rates,” said Senate Majority Leader Jeb Bradley (R-Wolfeboro). “But firing people in the middle of a workforce crisis who don’t adhere to an unconstitutional federal mandate is not the answer.”

‘I Intend to Run:’ Smith Resigns Town Manager Job, Eyes U.S. Senate Race

Londonderry Town Manager Kevin Smith formally tendered his resignation to Town Council Monday night and announced he intends to officially enter the GOP primary for U.S. Senate.

“After a considerable amount of thought and deep reflection over the last month or so, this evening I am tendering my resignation as town manager, effective March 11th,” Smith said. “As it has been speculated in various media outlets over the last few weeks, it is my intent to formally announce my candidacy for the United States Senate in the not too distant future.”

Smith’s move comes just a day after state Senate President Chuck Morse announced he is forming a committee and intends to enter the race shortly as well. NHGOP insiders say both candidates have the potential to defeat first-term incumbent Sen. Maggie Hassan, particularly in the pro-GOP political environment that is taking shape.

Smith, 44, has been serving as Londonderry town manager since 2013, after losing the GOP gubernatorial primary to Ovide Lamontagne — who would go on to lose to Hassan in the general election. Before that, Smith was a state representative from 1996 to 1998 and later ran Cornerstone Action, a conservative advocacy group.

While Morse has proven fundraising chops and is a respected member of the state’s Republican establishment, Smith has both connections to the grassroots and a story his supporters believe will appeal to voters frustrated by the current state of politics.

Gen. Don Bolduc is already in the GOP primary, but his public attacks on Gov. Chris Sununu based on fringe conspiracy theories and inability to raise money have left many believing he is not a viable candidate.

Democrats clearly have their eye on Smith, however. Within minutes of his announcement, the state Democratic Party tweeted: “Kevin Smith is a well-known extremist and one of the leading opponents of women’s reproductive freedom in N.H. With Smith about to get into the race, the Republican primary will only get more chaotic, more messy, and more extreme. Good luck!”

Smith is a former staffer for both GOP U.S. Senator Bob Smith (no relation) and Gov. Craig Benson. In 2017, Sununu appointed Smith to the board of directors of Pease Development Authority.

Smith is married and has three children. And, he told the town council Monday night, he plans to continue to announce the Londonderry High football games.

“The words ‘thank you’ seem so insufficient for taking a chance on me almost nine years ago to be your town manager,” Smith said. “What I stated to you then at the end of my interview still holds true today and even more so: ‘I love Londonderry.'”

 

 

Sununu Sags, Hassan Soars in Latest UNH Survey

Democrats are celebrating the latest Granite State Poll, conducted by the University of New Hampshire Survey Center, which found Gov. Chris Sununu’s approval rating continues to decline.

“Passing an unpopular abortion ban and failing to lead during COVID is coming back to haunt Gov. Chris Sununu,” the NH. Democratic Party tweeted. “Lowest approval since taking office. 1st time since 2003 that voters think NH is moving in the wrong direction. Record low approval of his handling of COVID.”

And it’s true Sununu’s numbers have been slumping for months — though he’s still got a 52-47 percent job approval.

The more fascinating finding is the change in Sen. Maggie Hassan’s standing over the past two months. Simply put, her numbers have soared.

In October, Hassan’s approval/disapproval was a dismal 33 percent approve, 51 percent disapprove, leaving her underwater by -18 points. Two months later, that number in the UNH Survey is +3 points, at 43/40. That’s a dramatic, 21-point swing.

So, what happened?

The new poll was taken before Hassan announced she was abandoning the filibuster in order to back a new federal election law. That was by far the most high-profile political move she had made in months.

And while millions of dollars have been spent promoting Hassan and her support for Biden’s spending packages, a similar amount has been spent attacking her on issues like rising inflation and deficit spending.

What makes the Sununu v Hassan divide interesting isn’t the net number, but the trends. Sununu’s seem to make sense. Hassan’s don’t.

The story of Sununu is the story of COVID-19. He was one of the country’s most popular governors, according to polling, before the pandemic hit. Then, as he dealt with the public health emergency, his numbers shot through the roof. From April 2020 until February 2021, he was essentially at 70 percent job approval or higher in the UNH Survey. In May 2020, he hit a jaw-dropping 82 percent approval rating.

But COVID-19 has lingered. The economy has been a troubling mix of rising inflation, disappearing workers, and an unsteady supply chain. Despite having one of the lowest rates of unvaccinated citizens, the state hit the number one spot for COVID-19 cases. And then there are the millions of dollars in attack ads accusing him of banning abortions in New Hampshire (only abortions after six months are prohibited).

Put all that together and the steady decline of Sununu’s polls is hardly a surprise. When the state’s COVID-19 numbers improve, it is likely Sununu’s will, too.

But Hassan? For months, her approval has hovered in the low to mid-30s. Her current 43 percent approval is the highest it has been since February 2020. There is no storyline, just a sudden surge. Why?

Some veteran New Hampshire politicos refused to discuss the UNH numbers, rejecting the “panel” system Dr. Andrew Smith and the UNH Survey Center use as unreliable.

However, its findings are wildly off from the recent Trafalgar Group poll — one of the most accurate pollsters since 2016 — which showed a 46-40 percent Hassan lead in a match-up against Gen. Don Bolduc. And an October St. Anselm Survey Center poll put her at 44 percent approve, 50 percent disapprove, not too far from the UNH Survey number that month.

One theory several strategists suggested to NHJournal is Democrats are rallying around Hassan as their party’s fortunes appear to be fading.

“Partisanship is back,” said GOP strategist Dave Carney. “The [political] team jerseys are back down from the attic. They might have been under the Christmas decorations.”

It may seem an odd time for a Democrat’s poll numbers to rise. The party has been plagued by in-fighting for months over the Build Back Better bill. There is a split between the progressives and the rest of the party. And the issues Americans say are their top priorities — inflation, spending, jobs, even COVID — aren’t breaking their way. Plus, President Joe Biden’s approval dropped to a new record low of 41 percent just last week.

That partisanship gets Hassan to the mid-40s. If there’s not a third-party candidate splitting the anti-Hassan vote (in 2016 there were two), that’s not enough to win.

More bad news: According to the UNH survey, she is underwater with independent voters 26 to 49 percent. In the St. A’s poll in October, that number was 27 to 64 percent.

There aren’t enough Democrats to make up that gap, particularly in a “red wave” midterm election when, it appears, Republicans are likely to be highly motivated voters.

Still, the poll is a reminder that the Democratic Party is very strong in New Hampshire. It is no coincidence the entire delegation is Democratic, or that Republicans have only won the presidential election here once since 1988.

The UNH Survey adds more evidence to back up the theory that Hassan is viewed by the public as “Generic Democrat,” and her fortunes will closely follow those of her party.

 

Gardner Blasts Hassan Over Fed Election Takeover: ‘This Will Hurt Turnout’

New Hampshire’s top election official says Sen. Maggie Hassan has never spoken to him about the federal voting rights law she’s backing, or its impact on Granite State elections. And, Secretary of State Bill Gardner says, that impact won’t be good.

“This will hurt turnout,” he told NHJournal Tuesday.

Last week, Hassan made national news when she took to the Senate floor to announce she was abandoning her support for the filibuster in order to pass the “Freedom to Vote” Act. The bill would impose federal mandates on all 50 states regarding early voting, voter registration rules, voter ID, and taxpayer-funded campaign ads. Federal power over local election laws is needed, Hassan said, because of “partisans who are attacking our democracy.”

Unless the federal government intervenes, Election Day in New Hampshire would be very different, Hassan warned.

“We’ll wake up, cast our vote, drop our kids at school, go to work. We’ll tune back in at the end of the day to see the election results – only to learn that the vote tally is being ignored, that our votes don’t matter much. We’ll learn that our legislatures are going to throw out the results and pick their own winner. We’ll see an election day that is a charade – just like in countries where democracy doesn’t exist.”

Hassan followed up her floor speech with a WMUR interview: “If we can’t protect the wonderful elections that we have in New Hampshire, then we are all faced with a slide toward authoritarianism,” Hassan said.

Gardner rejected Hassan’s conspiracy theories and argued the real danger to the Granite State election process is federal intervention like the law Hassan is backing.

“Look back at history, going back to FECA [Federal Election Campaign Act of 1971], the NVRA [1993 National Voter Registration Act], or the Help America Vote Act. Every time the federal government has stepped in to take over more of the election process, they tell us it will increase voter turnout,” Gardner said. “But the results are very different.”

Gardner says New Hampshire has largely avoided most of the requirements of those federal laws, finding workarounds like same-day registration. Other states like California and Colorado have embraced the federal policies, including widespread mail-in voting.

“Look at the results. We have a higher turnout rate,” Gardner said.

In 2020, New Hampshire had the sixth-highest turnout rate of its voting-eligible population (78.3 percent), well above Colorado (71.3 percent) and California (69.4 percent). The Granite State has consistently had among the highest turnout rates in the country for decades.

“They keep saying these new rules will lead to more voting, but that’s not the record if you look at the facts,” Gardner said.

“If you cheapen the value of voting, and you have people losing faith in the process, you’ll lose people on Election Day. That’s what’s been happening in other states.”

Asked if he explained that to Hassan when she called him to discuss the legislation and her position, Gardner told NHJournal his fellow Democrat has never spoken to him about New Hampshire’s election laws or procedures.

“Not even when she was governor, I don’t think,” Gardner said.

Hassan has declined repeated requests for comment. Asked to name the people in New Hampshire she believes are threatening the state with “authoritarianism” or illegally overturned elections, her office declined to respond.

She does have the support of Granite State Democrats, however. They agree with her view that Granite State elections are under local threat.

“Proposals to undermine our free and fair elections and make it harder to vote are here in the New Hampshire legislature and across the country because of unfounded right-wing conspiracy theories intended to sow division and discord,” Deputy House Democratic Leader and Ranking Democrat on the House Election Law Committee, state Rep. David Cote (D-Nashua) said in a statement. “As a caucus, we thank Senator Maggie Hassan for her commitment to defending Granite Staters’ right to cast their ballot, regardless of for whom they cast it.”

Not surprisingly, Republicans took a different view of Hassan’s actions.

“We may never see such a brazen, self-serving flip-flop ever again,” said NRSC spokesman T.W. Arrighi. “Maggie Hassan has gone back on her word and surrendered the fate of New Hampshire’s First-In-The-Nation primary to her buddy Chuck Schumer. What’s most concerning is it appears she surrendered her state’s federal election control to win liberal praise from the radical base she hopes will fund her campaign.”

Gardner, who has repeatedly warned expanding federal control of elections will endanger the state’s First In The Nation primary, is unwilling to attack his fellow Democrat so directly. But, he says, the fallacy of her approach is obvious if you just do some basic math.

“New Hampshire has two members of Congress. States like California, New York, and Texas have far more. If we let Congress make our local election rules, which states are going to decide what the rules are?” Gardner asked.

“California’s not going to get New Hampshire’s election system. We’re going to get stuck with theirs.”

PODCAST: ‘Smash-And-Grab’ Meets ‘Build Back Better’

In this double-barreled edition of the New Hampshire Journal podcast, Dr. Jay Kennedy of Michigan State talks about how the surge of ‘smash-and-grab’ robberies and mass shoplifting events are actually being fueled by shoppers like you.

Kennedy, who is part of the USA-IT effort to fight organized retail crime and the black market economy, says criminal gangs are using theft and counterfeits to fill orders from unsuspecting shoppers on the internet.

And Brandon Arnold of the National Taxpayers Union breaks down the Build Back Better bill and why, he says, it’s a legislative nightmare. Drew Cline of the Josiah Bartlett Center joins in to talk BBB math, budgets and the “I” word.

Hosted by Michael Graham.

 

CLINE: When It Comes To Preparing for Winter, Squirrels Think We’re Idiots

Squirrels don’t understand Thanksgiving. 

They see us loading our homes full of food for days, and they feel a sense of tribal solidarity. They get that. Then, suddenly, we sit down and EAT IT ALL IN ONE DAY. 

What are we thinking?!!

This really confuses squirrels. How will those tall, furless bipeds survive the winter?!! They just ate all their food! It hasn’t even snowed yet! THEY’RE ALL GOING TO DIE!!

Chipmunks, by the way, just hope we all die soon so they can move into the basement. 

Squirrels and chipmunks, not to mention bears, think we’re idiots because they know nothing of markets. If they wandered into a supermarket, they’d think it was a place where humans stored locally gathered food for the winter. The idea of a place where creatures trade money for food, and then more food appears the next day, brought from all over the world, would blow their little minds. 

Although bears are pretty smart, so they might figure this out one day. They can already open car doors. The inevitable next step is driving to the corner store for salmon jerky and a six-pack of honey wheat ale.  

But bears don’t do this yet. Instead, they store fat for a long winter’s nap. Sounds awesome. Unfortunately, humans can’t get through winter by lowering our metabolism and reducing our energy consumption. We increase our energy consumption to stay warm. 

We can hoard food. We could salt meats and store corn like our ancestors did, or fill our garages with canned goods, bottled water and ammo (you know who you are).

But thanks to global trade, we don’t have to do this. We can get bananas from Ecuador, bacon from North Carolina, coffee from Brazil, and crazy snack foods from Japan whenever we want.

What about the other thing that keeps us alive all winter: warmth?

Humans survive long, cold winters by building, then powering and heating, shelters. Mostly we power and heat them by burning things (oil and gas, a tiny bit of coal) or splitting atoms.

Now, New England does not supply its own oil or gas. Like those crazy Japanese snacks, our winter fuels come from far away places where people speak different languages — places like Texas and Louisiana.

One might understand that in a region reliant on importing the fuel that keeps us warm, it’s not a terribly good idea to try to hurt the people who bring us these fuels. 

And yet… 

In Boston, the new mayor has signed an ordinance requiring the city to divest from fossil fuel companies, as if the people who keep Boston habitable during the winter are evildoers. 

U.S. Sen. Elizabeth Warren, D-Harvard Faculty Lounge, portrays oil and gas companies as sinister malefactors who prey on Americans for fun and profit. Harvard also has divested from fossil fuels, by the way. 

You wouldn’t know from talk like this that natural gas generated more than 50 percent of New England’s electricity last year, or that Northeastern states consume 86 percent of the nation’s home heating oil. 

Wind and solar power, as nice as they are, generated 6 percent of New England’s electricity last year. They won’t replace oil and gas anytime soon. 

This winter is projected to be mild. ISO New England, the region’s power grid operator, expects energy use to be lower this winter than last, and our power supply to be adequate. 

Still, that prediction came with what is now an annual warning. The winter of 2017-18 brought a cold streak so long that the region came within two days of rolling blackouts. Why? Because we have put unnecessary constraints on our energy supply by blocking new pipelines and scaling back nuclear plants. 

ISO New England has a whole page of its website devoted to explaining how the region is in a dangerous position because of constraints on its natural gas supply.

A study by Carnegie Melon’s Tepper School of Business earlier this year found New England’s artificial constraints on natural gas have caused routine power plant outages and cost the region $1.8 billion during the cold winter of 2014 alone.

“Gas supply issues have affected the ability to generate electricity during times of high demand,” professor and study co-author Jay Apt said at the time. 

They recommended building natural gas storage facilities (with battery storage being another possible option). They didn’t ask the squirrels, but the squirrels would approve.

ISO New England points out that a mild winter is a time to plan for the future — because a cold winter is coming eventually. And if our economy grows, energy demand will grow with it, increasing the need for more reliable supplies. 

Building more base load energy capacity is the way to prepare for the cold winter that we all know is coming eventually. 

Some mammals, though, seem oblivious to the tremendous amount of planning, preparation, and investment it takes for their species to survive New England winters. They say we can do without more base load power and without more reliable access to the fuels that generate the lion’s share of our electricity and heat most of our homes.

The squirrels think they’re nuts.