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Demonic Christmas Display at State House Destroyed

Forget St. Nick; someone in Concord may end up on Satan’s naughty list after The Satanic Temple’s Baphomet statue was destroyed Monday night in an act of yuletide mayhem.

Concord Deputy Police Chief John Thomas told NHJournal that while the investigation into the vandalism is active and ongoing, he can rule out at least one possible suspect.

“Santa wouldn’t do this,” Thomas said. “Santa loves everybody.”

The statue of the hooded demon was found broken in half around 7 p.m. Monday night, a few hours after the marble slab showing The Satanic Temple’s seven principles was cracked. 

State Rep. Ellen Read (D-Newmarket), who helped organize The Satanic Temple’s display, was spotted gathering up the broken shards of the goat-headed figure Tuesday morning after getting a call about the destruction. She’s not sure if members of The Satanic Temple plan to put their monster mannequin back together.

Rep. Ellen Read (D-Newmarket) puts Baphomet’s legs in her car.

Representatives of the Vermont and New Hampshire-based temple did not respond to a request for comment.

City officials were not thrilled about the addition to the public space when the Baphomet display went up this weekend on the Concord City Square in front of the State House. The square typically plays host to a traditional nativity scene depicting the birth of Jesus.

A statement issued by the City of Concord indicates the permission for the sulphuric statue’s inclusion came under threat of a lawsuit. 

“Under the First Amendment and to avoid litigation, the City needed to choose whether to ban all holiday displays installed by other groups, or otherwise, to allow it,” the statement reads. “After reviewing its legal options, the City ultimately decided to continue the policy of allowing unattended displays at City Plaza during this holiday season and to allow the statue. It is anticipated that the City Council will review next year whether permits for unattended holiday displays should be allowed at City Plaza.”

Cornerstone, a New Hampshire Christian advocacy organization, has mocked the display as a childish and insincere attempt to promote an anti-religious agenda, not an expression of actual spiritual beliefs.

“The Satanic Temple are not Satanists. They have no religious belief in any Satan figure. They are normal, atheist feminists who use Satanic imagery as a legal tactic, to fundraise through media exposure, and because offending Christian grandmothers brings a sense of meaning to their sad lives,” it said in a statement.

Cornerstone acknowledges there are people with pagan or even Satan-centric religious beliefs, but said those behind the State House display aren’t among them.

“If you remember the 1990s, you might have the wrong idea about who put up the ‘Satanic’ statue in Concord, New Hampshire this weekend,” the group posted on social media, “‘The Satanic Temple’ is not Charles Manson: it’s just your liberal feminist aunt trying to trigger you by mocking your faith.”

Rep. Joe Sweeney (R-Salem) sent out a fundraising email from the state GOP Committee to Select House Republicans, arguing Republicans can defend against devils real and, like Baphomet, imagined. 

“We know this is another step in a growing push to undermine the values that make our state special, and to make you feel offended and turned off from getting involved. From offensive displays to legislation that challenges our way of life, New Hampshire Democrats have aligned themselves with the extremism that threatens Granite Staters’ families and freedoms,” Sweeney wrote.

Members of The Satanic Temple, much like members of the Church of Satan, profess an atheistic creed that uses the dark cloak of Satan to shock mainstream society while preaching self-actualization. The Satanic Temple is known for its liberal advocacy in favor of abortion rights, transgender rights, and free speech, not entirely dissimilar to Unitarians.

Though Santa is not a suspect, Rudolph’s whereabouts on Monday are still unknown.

Hail Santa and Merry Satan — Satanic Temple Post Display at State House

You better watch out, you better not cry, you better look out, I’m telling you why: Satan is coming to town.

Or, at least, The Satanic Temple of New Hampshire and Vermont (TST) is bringing its Satanic Representation campaign to the capital. 

The faux devil-worshipping group unveiled its holiday display at the Concord City Hall Plaza in front of the State House over the weekend, just a few yards from the traditional creche displaying the nativity of Christ.

Now, visitors stopping to get a glimpse of the baby Jesus can get in the holiday spirit by also viewing a statue of the goat-headed demon, Baphomet, holding a lilac and an apple. There is also a marble slab displaying the TST’s seven tenets.

“A lot of people run from the word ‘satanic,’ but we embrace it,” TST Minister Vivian Kelly said at Saturday night’s unveiling.

State Rep. Ellen Read (D-Newmarket) helped the TST get the necessary permits for the display and told NHJournal the group has every right to have its display alongside the traditional Christmas imagery.

“Everything has the potential to offend, even the nearby nativity scene. Not only is over a third of the state not religious, never mind Christian, but I can imagine those who have been judged, harmed, or abused by the Christian church feeling offended by the nativity scene displayed on public grounds. And yet the nativity scene has stood perennially, unmolested, for years,” Read said in a statement provided to NHJournal.

The TST, not to be confused with Anton Lavey’s Church of Satan, is an atheist, liberal activist organization that supports abortion access, the rights of transgender people, and the separation of church and state. As Kelly said Saturday, the group supports people choosing their own path.

“People can live their best lives as they want as their true authentic selves,” Kelly said. “Just because we’re not large in numbers doesn’t mean our beliefs are less important than any of the other religions represented here.”

Critics of the Satanist display say it’s not an attempt to share their beliefs but rather an attempt at attention seeking from a fringe group that hopes to disrupt the Christmas traditions so many Granite Staters, regardless of their personal faith, enjoy during the holiday season.

“Christians should either ridicule these displays as cartoonish or else deny ‘The Satanic Temple’ the attention they use to generate media exposure and funds,” Shanon McGinley, executive director with Cornerstone, said in a statement

McGinley says the group is atheist in principle and holds no actual religious beliefs, but instead uses the guise of a Satanic church to push a feminist agenda.

“They are normal, atheist feminists who use Satanic imagery as a legal tactic, to fundraise through media exposure, and because offending Christian grandmothers brings a sense of meaning to their sad lives,” McGinley’s statement reads.

The Satanic Temple’s website acknowledges its atheism and that it embraces Satan as an anti-authority figure and uses Baphomet essentially as a mascot. Baphomet is a fictional creation of the Middle Ages that was later taken up by occultists like Aleister Crowley, who pioneered 20th-century devil worship and the practice of magic. 

Real or not, Baphomet drew onlookers Sunday, curious about the goat-headed demon.

I like the Satanism display better than the Nativity,” said a woman from Manchester who declined to give her name. “I don’t believe Jesus was real. I’m not religious in any sense.” 

She and a group of friends had come to Concord specifically to see the paganism display.

“It’s the sole reason we’re here, to be honest,” she said.

A local Concord man, who also was unwilling to give his name, echoed those sentiments. 

“I think it’s so cool. It’s really I think it’s awesome, dude,” he said.

The man argued that if the Nativity display can be on the State House sidewalk, why not the Church of Satan display? 

“I think it’s funny that people get so bent out of shape about it,” he said.

Asked if he sees any moral differentiation between Christianity and Satan worship, he said ,“No.”

On the other hand, a passerby who didn’t stop to talk commented, “I hope someone tears it down.”

Read said someone did try to tear it down Saturday night, about two hours after it was unveiled. Though the incident was not reported to the police, Read said Baphomet was knocked down ,and a crack was put into the marble slab.

“If we presume that those that have vandalized the display of Baphomet are doing so in the name of Christianity, then does that speak for a family-friendly holiday celebrating love, peace, and goodwill towards all?” Read said.

McGinley’s statement did not call for any violent response to the display, but it encouraged those who want to counter TST’s Baphomet to do so in a Christian manner. Christmas displays on private property, orthodox and joyful street preaching, and more displays on any public space possible are the best response, she said.

“We encourage Christians to place larger, more aggressive, and more frequent Christmas and other Christian displays in every public venue available,” McKinley’s statement read. 

Former NH Rep. Merner Busted for Voting After Moving — And House Leaders Knew

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.

Are State House Dems Plotting to Blow Up the Budget?

Guy Fawkes Day could be coming early to Concord as a contingent of House Democrats is reportedly scheming to blow up the proposed budget in a fight over Medicaid expansion.

Multiple sources tell NHJournal Democrats are toying with some radical plans, including the possibility of using a potential future majority in the evenly-split House to “vacate the speaker’s chair,” giving Speaker Sherman Packard (R-Londonderry) the boot.

Another idea: Strip Medicaid expansion from the House budget by voting on it as a standalone bill, then leave the House GOP to attempt to pass a budget — and fail — without Democratic votes. But since the Medicaid expansion bill has already been retained in committee, the Democrats would have to override the committee process and vote to bring it to the House floor.

The conspiracy talk comes at a time of heightened tension in the budget negotiations between legislators and Gov. Chris Sununu, with one source saying no one knows what is going to happen next.

“If they do any of this, it is total Armageddon,” one GOP House member told NHJournal.

Senate President Jeb Bradley (R-Wolfeboro) shares a similar view, calling the talk he has heard from the Democratic side of the aisle “Washington-style politics at its worst.”

As for a possible Democratic attempt to pull Medicaid expansion out of budget for its own vote, “I think it’s a very dangerous game,” Bradley said during a podcast interview with NHJournal. “It puts at risk the budget and Medicaid expansion at risk.”

Bradley took the lead in the Senate, spearheading SB 263, the Medicaid expansion bill, which extends the state’s Granite Advantage health insurance program. While low-income families qualify for traditional Medicaid, the Granite Advantage program makes Medicaid available to working families who earn too much for Medicaid but don’t have access to affordable health insurance through their employers. And 90 percent of the funding comes from federal dollars.

“My responsibility as I see it is to get the job done for the 50,000 to 60,000 people now depending on Medicaid expansion,” Bradley said. “To say nothing of the providers, the hospitals, the business community, all of the people that have gotten behind this coalition effort for the last nine years.

“Our responsibility, as adults, is to get the job done.”

The original proposal would have permanently expanded health coverage, while some House GOP members wanted to see just a two-year expansion. Bradley has agreed to a compromise plan that extends the benefit for seven years. That is complicated by the fact the budget, HB2, includes a two-year extension to Medicaid.

Packard is seen as a key opponent to the permanent expansion. Now, sources tell NHJournal some Democrats plan to yank Medicaid expansion away from the House Finance Committee and hold a floor vote on a permanent expansion. At the same time, those Democrats are also gearing up to push Packard out of the speaker’s chair.

House Clerk Paul Smith said motions to vacate the speaker’s chair are rare and typically unsuccessful. Any vote to remove Packard would require “50 percent plus one” of the entire body — not just those present. There are 196 Democrats in the House. With several vacancies, the current House membership is 396, meaning Democrats need 199 votes.

House Finance Committee member Rep. Peter Leishman (D-Peterborough) has heard the rumblings about Medicaid expansion, but he said the House conspirators are all talk. He noted that the Finance Committee voted Thursday to retain the bill, locking it into the committee.

“If the bill’s not reported out, they can’t take it away from the Finance Committee,” Leishman added.

But other House sources said an obscure and rarely-used move could allow Democrats to override the committee’s vote to retain. Smith said it would be a highly unusual move.

“Does it usually happen that the House withdraws a bill from committee? No, not usually,” Smith said.

House Majority Leader Jason Osborne (R-Auburn) conceded that, given the tight margins in the House and attendance issues, it’s very possible Democrats could again find themselves with a majority on the floor. If they do and choose to abandon the norms and traditions of the House, they could wreak havoc.

“But the real result would be total Republican unity,” Osborne added. “These things Democrats are talking about would completely unify my caucus.”

In fact, Deputy Speaker Steve Smith now says House leadership is on board with Bradley’s proposed Medicaid expansion deal.

“We’ve heard from the business community, the health care community, and people across New Hampshire about the importance of reauthorizing Medicaid expansion,” Smith said in a statement. “We all agree that the program needs to be reauthorized, and we’ve had a productive conversation about the appropriate length of time for a sunset provision.

“A seven-year extension of the Granite Advantage Healthcare Program makes logical and fiscal sense. New Hampshire gets the financial benefit of a full contract period, a continued drop in uncompensated care costs – which is a hidden tax, and it stabilizes the market allowing for more competition to help further drive down health care costs in our state. House Republican leadership fully supports the budget compromise of seven years. Let’s get it done,” Smith said.

Regardless of how the Medicaid vote goes, former House Speaker Rep. Steve Shurtleff (D-Penacook) said an attempt to force a vote, or worse, depose Packard, is a mistake.

“What we don’t need right now is this kind of gamesmanship,” Shurtleff said. “There’s no need for these kinds of fights.”

Too many people in the state rely on the budget passing, Shurtleff added, and delaying that makes those people the victims in an unnecessary political fight. “The budget is too important to too many people,” he said.

Then there is the question of motive. Given how relatively apolitical the current budget is — no anti-CRT legislation or late-term abortion bans — why would Democrats contemplate such high-risk actions against it? Particular a budget with hefty pay raises for state workers, who tend to be political allies of the Democratic Party?

Several House Republicans told NHJournal they believe the real target is Sununu. If the governor is tied in an ugly budget battle or trying to corral House chaos, it might stop — or at least slow — his presidential plans.

“Or maybe the Democrats are just [expletives],” one GOP House member said.

Blowing up the budget would hurt state employees, people who need affordable housing, families who need childcare, Granite State communities that need water infrastructure repairs, and every homeowner who needs property tax relief, Bradley said.

“I would just say that is the worst possible case scenario because everything could wind up in the tank,” Bradley said.

Even Democratic stalwart Sen. Lou D’Allesandro (D-Manchester), who voted against the budget last week, wants the spending plan to pass. D’Allesandro and Sen. Cindy Rosenwald (D-Nashua) voted against HB2 in the Senate Finance Committee, saying they want improvements to the final bill before they support it.

“There’s an opportunity to add a couple of things to the budget,” D’Allesandro said.

D’Allesandro wants to see more money for state employee pensions, more money for affordable housing, and no money for northern border security. He said that as long as the bill remains intact and the House remains sane, there will be another opportunity to vote on the budget after more negotiations. That includes negotiating more time for Medicaid expansion.

The specter of a messy fight over Packard’s speakership is a non-starter for D’Allesandro. Packard is doing a solid job leading a closely divided House, he said.

“Sherman Packard was my student when he was in high school. I think the world of Sherman; he’s a fine man.”

Likewise, Leishman does not think Packard should be pushed out.

“I think Sherm’s done a good job trying to hold things together,” Leishman said.

Victim Advocacy Group: ‘No Place’ in NH House for Dem Accused of Stalking

As New Hampshire Democrats remain silent about one of their own sitting in jail on stalking charges, the state’s leading victim advocacy group is speaking out.

State Rep. Stacie Laughton (D-Nashua) is currently being held without bail in Manchester’s Valley Street Jail on grounds she presents an ongoing danger to the public as well as the victim of her stalking and harassment. Laughton had already been found guilty of stalking the same Hudson woman named in the current complaint. The charges go back to at least 2019 before Laughton was elected as New Hampshire’s first transgender state representative.

Incoming House Democratic Caucus leader Rep. Matt Wilhelm and state party chair Ray Buckley have both refused to condemn Laughton’s behavior or respond to multiple requests for comment about her arrest.

But the New Hampshire Coalition Against Domestic and Sexual Violence (NHCADSV) is speaking out.

“We are extremely concerned by the numerous charges filed against Rep. Laughton. It is critical that individuals that hold positions of power be held accountable when they cause harm. There is no place in the New Hampshire legislature for those who perpetrate abuse,” said Amanda Grady Sexton, NHCADSV director of public affairs. “Stalking is rooted in a pattern of behavior intended to cause fear in the victim and can have long-term impacts on a survivor. Stalking is a very serious crime that has the potential to escalate to physical and even lethal violence,” Grady Sexton said.

One reason for the Democratic Party’s silence, critics said, was the GOP’s extremely narrow 198-201 majority in the House. As a result, every vote will count at Wednesday’s Organization Day session when representatives are sworn in and leadership positions are settled. Laughton’s vote could decide which party has a majority.

Democrats are also mounting a major campaign to oust current Secretary of State Dave Scanlan in favor of former State Sen. Melanie Levesque (D-Brookline).

Could Laughton leave jail to cast a vote on the floor of the State House? Under New Hampshire’s Constitution, state representatives cannot be stopped from attending House sessions and police are prohibited from arresting representatives en route to the legislature.

“Democrats could solve this problem by announcing in advance they will refuse to seat Laughton,” said Rep. Ross Berry (R-Manchester). “But they haven’t, which means they care more about politics than protecting women.”

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 pleading no contest last 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.

She is scheduled for a hearing in Nashua District Court on Dec. 22, during which she could enter into a plea agreement to resolve her case. Even if she misses Organization Day, Laughton would be free to serve in the House once she is released as she is not currently charged with any felonies.

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.

Judge Orders NH House Dem Accused of Stalking to Remain Behind Bars

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.

Scanlan Reopens Manch 6 Recount, GOP Expects to Hold Seat

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.

SCOTUS Rejects Dems Last-Gasp Attempt to Force COVID Restrictions on State House

The U.S. Supreme Court is refusing to take the appeal made by Democratic lawmakers suing state House Speaker Sherman Packard over the legislature’s COVID-19 restrictions. 

The high court rejected the petition for appeal this week as the Democratic lawmakers sought to overturn the First Circuit Court of Appeals ruling that held Packard (R-Londonderry) is protected by legislative immunity when making House rules, including rules about what COVID precautions to institute.’

Since the beginning of the COVID-19 pandemic, Granite State Democratic legislators have aggressively pushed restrictions, including mask mandates and a demand to allow remote voting. And Democrats have continued that push even after a vaccine became widely available and the data showed mitigation efforts did little to stop the spread of the novel virus and its variants.

After the First Circuit Court ruled against the Democrats earlier this year, their legal team filed the appeal before the U.S. Supreme Court and prepared a new complaint in the lawsuit at the federal court in Concord.

Packard’s office said Wednesday he is reviewing his options after the development with the U.S. Supreme Court noting, “Speaker Packard is reviewing the latest details of this ongoing litigation case with his legal team.”

Democrats have been trying, and failing, to get a court to impose COVID rules on the State House that would allow for remote access for legislators who live with serious health conditions. The new complaint filed this summer claimed former Minority Leader Rep. Robert “Renny” Cushing died as a result of COVID-19.

House Minority Leader Rep. David Cote (D-Nashua) has taken over as lead plaintiff on the lawsuit. Cote, 61, lives with cerebral palsy and has missed at least two years of votes in the House.

Two of the original plaintiffs in the lawsuit, Cushing and Rep. Katherine Rogers (D-Concord), have died since it was first filed. Both Cushing and Rogers were diagnosed with cancer.

The First Circuit’s ruling found Packard enjoys “legislative immunity” and is exempt from following the Americans with Disabilities Act, which was the original basis for the lawsuit.

The lawsuit stated Cushing contracted COVID-19 and that became a complicating factor that resulted in his death. At the time, Cushing was getting experimental treatment for stage-4 prostate cancer.

The lawsuit contended that since most of the legislators seeking remote access are Democrats, the Republican Speaker used the House rules to gain a partisan advantage.

“The refusal to provide any accommodations is for the purpose of gaining an unfair partisan advantage. Motions to explicitly allow remote attendance have repeatedly been decided on a partisan basis,” the lawsuit states. “In essence, the defendants have deliberately created an extraordinary dilemma for the disabled—they can either place themselves and their families at an extreme risk of death, or they can forego participation in democratic institutions, thus leaving their constituents unrepresented.

“This is really not fundamentally different from pointing a gun to the heads of the individual plaintiffs to block them from entering the House. Given the ready availability of measures to provide reasonable accommodations, the refusal to do so is not only of an extraordinary character but shocks the conscience,” Democrats wrote.

Packard has praised previous rulings that protected the prerogative of elected House leadership to govern the House and its rules.

“This opinion reaffirms the importance of the integrity of the legislature and the legislative process,” Packard said in March when the appeals court sided with the GOP. “Both the First Circuit and District Court evaluated the plaintiffs’ arguments and ruled against them. My next step is to continue working on legislation that will benefit the state of New Hampshire and keep pushing us forward.”

By last March, two years after the pandemic began, most Republican and independent voters had moved past the COVID dread Democrats still embraced, said Spencer Kimball, Emerson College’s Director of Polling.

“I have been looking at COVID restrictions and see a big difference nationally between Democratic voters where 38 percent see COVID as a major health threat, while that number is about 17 percent among independents and 14 percent among Republicans,” Kimball said at the time.

In October 2020, the response to the coronavirus was one of the top three issues on voters’ minds, according to polls. In September of 2022, as the House Democrats continued their appeal, it was tied for 14th on the list of voter concerns.

“Everyday Granite Staters are moving on with their lives, but New Hampshire House Democrats are still supporting mandates, still wearing masks, and apparently still trying to strong-arm the legislature in the court system,” said Rep. Ross Berry (R-Manchester). “Today is a big win for everyone living in 2022, and not trying to litigate 2019.”

National GOP Group Backing NH State House Women

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.

New Net Metering Bill Could Mean Headaches for NH Electric Grid

Subsidizing green energy is easy. Subsidizing it using the electric grid is hard.

That was the message from Eversource and some state officials regarding SB 321, which came before the House Science, Technology and Energy Committee on Tuesday. The bill would allow local electricity producers generating between 1 and 5 megawatts– mostly solar power plants — to use the existing power grid to sell and distribute power within the state directly to users and not via the existing utilities.

Under the pilot program, small generators could enter direct intrastate contracts with users and, because it is premised on the claim those transactions avoid any use of transmission infrastructure, it would create savings that would be returned to the generator. Those savings would help make the renewable power price competitive.

“The proposal allows pilot projects to test the feasibility of electricity sales between two parties that do not involve the current market managed by the independent system operator (ISO-NE),” committee chairman Rep. Michael Vose (R-Epping) told NHJournal. “Such sales would use utility-owned distribution facilities and would pay distribution costs. The final legislation will limit such sales for 15 years until their value has been determined.”

The problem, critics say, is that the theory just isn’t true.

According to energy experts who spoke to NHJournal, the proposal runs afoul of existing agreements between the utilities and the ISO. And most energy transactions will still use the transmission infrastructure, cutting into projected savings.

“Eversource covers large portions of New Hampshire, and some of their areas are only interconnected via transmission lines, like Nashua and Coos County,” said state Rep. Michael Harrington (R-Stafford), a former member of the Public Utility Commission who now serves on the energy committee. “This means even if the transaction was limited to players in a single utilities area, it could still involve transmitting the power over transmission lines where FERC has jurisdiction.

“It is a very complicated issue and is only made more complicated by jurisdictional issues,” Harrington added.

And the premise of a pilot program that lasts 15 years flies in the face of the meaning of the word. “Fifteen years isn’t a ‘pilot,'” one energy utility source said. “That’s a full season.”

Advocates like Lebanon Assistant Mayor Clifton Below say the proposal brings market-priced solutions to the renewable energy sector.

The City of Lebanon could potentially become an energy producer. The Lebanon Solid Waste Facility is in the process of building a power plant to burn greenhouse gasses created by decomposing trash in order to power microturbines. The current plan is to use that power for city properties.

“It’s a baby step. It’s something that could prove to be more economically and technologically efficient,” Below said during Tuesday’s hearing.

The problem, said Eversource Director of Governmental Affairs Donna Gamache, is the proposal both violates agreements regulating the utility’s transmission lines and would force one group of customers to subsidize another.

“We want to make sure everyone using the transition system pays their fair share, and that Eversource can maintain reliability,” Gamache said. “We fear this would violate ISO New England agreements.”

In her testimony to the committee, Gamache said, “These types of transactions are not permissible under the ISO-NE Open Access Transmission Tariff or the Transmission Owners Operators Agreement Changing this would require ISO-NE to file for and FERC to approve a new tariff provision that would allow intrastate sales as the transmission system would need to be used to move the power.”

Director of Legislative & Regulatory Affairs for Clean Energy NH, Kelly Buchanan, said the state’s PUC can regulate the pilot program. Bringing in a new way to sell renewable energy would help the industry grow while it shifts to cleaner power.

“This bill expands the marketplace for renewable energy in the 1-to-5-megawatt range,” she said.

Griffin Roberge with the New Hampshire Department of Energy said the state is not taking a position on the bill, citing many of Gamache’s concerns about potentially running afoul of the ISO New England agreements. The matter was subject to a state study, which cautioned about proceeding with selling power.

“The report found this was a complex issue, and warned of unintended consequences,” Roberge said.

Harrington agreed. “My recommendation would be to give the issue more study.”