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State Rep. Stacie Laughton (D-Nashua) will remain in jail as her attorney negotiates a plea agreement in the criminal case alleging she serially harassed a Hudson woman. 

Laughton, New Hampshire’s first elected transgender state representative, is not leaving Valley Street Jail in Manchester until at least Dec. 22, the date of her next hearing. Her attorney, Elliot Friedman, told Judge John Curran he hoped to have a resolution to the numerous criminal charges worked out with prosecutors in the coming weeks.

“We are negotiating a resolution,” Friedman said.

Laughton’s continued custody complicates Democratic hopes of wresting control of the House of Representatives from the GOP. With a razor-thin 201-198 GOP majority in the House, control of the body and the outcome of the secretary of state election on Organization Day (December 7) will come down to attendance.

Laughton is accused of repeatedly violating orders to leave a Hudson woman alone as well as charges of stalking, criminal defamation, and making false 911 calls. Laughton is already facing jail time after she pleaded no contest this summer to charges of making false 911 calls about the same victim. Prosecutors have told the court they plan to ask for the imposition of the suspended nine-month sentence brought in that case.

Laughton is being held without bail on the grounds she presents an ongoing danger to the community and the alleged victim. She was under court orders to leave the woman alone when she allegedly continued her campaign of harassment that stretches back to 2019.

Laughton’s status hearing, held in the Nashua District Court on Thursday, left the troubled state representative in jail pending the plea negotiations. Laughton appeared in court via video feed from Valley Street Jail. Laughton offered little comment during the brief hearing other than to object to the presence of media in the courtroom.

“I object to the press,” Laughton told Curran. “I will give interviews, but I figure right now this is a personal matter I need to deal with without the pressures of the press.”

Curran denied her objection, stating there is no reason to keep the press out of an open court proceeding.

Laughton could technically still travel to Concord for Organization Day, legislative sources said. New Hampshire’s Constitution bars police from stopping representatives from attending sessions at the State House. The question is, how badly do Democrats want her there?

Democratic Caucus leader, progressive Rep. Matt Wilhelm (D-Manchester), declined to respond to repeated requests for comment.

Laughton’s disturbed behavior has been apparent for years before she won office as a state representative in 2020. She was convicted in 2008 of credit card fraud for stealing from a person in Laconia. Laughton was then charged in 2015 for calling in a 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. Despite pressure from the Democratic Party, Laughton tried to run again to fill the seat in a special election after her resignation; 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.

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?

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.”

Nashua Democratic state Rep. Stacie Laughton is back in legal trouble, this time being held at Valley Street Jail in Manchester on stalking charges. 

Laughton, 38, was arrested over the weekend by Hudson police on charges she was stalking a resident in that town, according to a report from Patch. Court records show Laughton was already on bail after being charged with sending fake 911 texts to police. Those charges resulted from an investigation last year.

Last week’s midterm elections brought better-than-expected results for Democrats, and they have an outside chance of winning control of the state House. Republicans say that is one reason Democrats, in Nashua and in Concord, are silent about Laughton’s history of criminal behavior. 

Reps. Steve Shurtleff (D-Penacook) and Matt Wilhelm (D-Manchester) are locked in a race to lead the House Democratic Caucus. Both declined to respond to a request for comment about Laughton’s ongoing criminal prosecution.

Outgoing House Minority Leader Rep. David Cote (D-Nashua) also declined to comment on Laughton’s behavior, as did other Nashua Democrats NH Journal contacted regarding the matter. Rep. Michael Pedersen (D-Nashua), who serves as chair of the city’s Democratic Committee, did not respond to a request for comment, either.

Democrats may not be talking about Laughton’s latest arrest, but Nashua Republican Di Lothrop is fed up.

“She has a huge problem,” said Lothrop, co-chair of the Nashua Republican Committee. “She’s been through this before, she’s been in prison. Obviously, the lesson wasn’t learned.”

Laughton became the first transgender person elected to the New Hampshire Legislature in 2012, though she was quickly forced to resign when her criminal past became public. Laughton was sentenced to prison time in 2008 for a Laconia credit card fraud conviction. Laughton served a few months but was released on a 10-year suspended sentence.

Laughton was pressured to resign her House seat but signed up to run in the ensuing special election. That bid was cut short when it was deemed she was legally ineligible for office since she was still serving her suspended sentence for the felony credit card fraud case.

Under New Hampshire law, convicted felons may not vote or hold public office while they are serving their sentences. Once the sentence is discharged, however, people convicted of felonies may again vote and seek public office. The New Hampshire Constitution only states that people must reside in the district they are seeking to represent.

Laughton was charged with another crime in 2015 for allegedly calling in a bomb threat to Southern New Hampshire Medical Center, an episode she later blamed on a mental health problem. That criminal case has since been closed.

Laughton’s political career restarted in 2019 when she was elected a Nashua Ward 4 selectman, and she won the House of Representatives seat in 2020.

 Lothrop blamed the city’s Democratic Party for promoting a person with clear mental health problems to represent voters. There is a good chance Laughton will still be in jail by the time state representatives gather in Concord for their swearing-in, she said.

“How can she dedicate her time and energy to the voters who she is supposed to represent? She’s unfit,” Lothrop said. “It’s abominable, and it’s an embarrassment to Nashua to have her go up to Concord and represent [the city.]”

Chris Ager, chairman of the Hillsborough County GOP, said any decision on Laughton’s status needs to be made by House leadership.

“This is a very serious matter that must be looked into with respect to actions the leadership of the House of Representatives can take,” Ager said.

With New Hampshire’s open qualifications for office, Ager said both parties have a responsibility to provide some oversight on who is running for office on their respective tickets. However, there is only so much a party can do, he added.

“There is some responsibility for the party, but ultimately the voters of the district elect the person,” Ager said.