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House Speaker Sherman Packard said he did nothing wrong in his handling of the case of Troy Merner, the former state House member charged with illegal voting and lying about his residency. And, he told reporters Wednesday, he is done talking about the topic.

Packard (R-Londonderry) met with a small group of reporters to clear the air, set the record straight, and end the discussion about what he did and did not do when he first learned Merner did not live in his Lancaster district.

“We had to let the process play out since it was under investigation by the (New Hampshire Department of Justice,)” Packard said. “I never talked to Troy Merner the whole time about his residency.”

Saying it would be the last time he planned to talk about Merner, Packard often sounded defensive during the meeting with NHPR, the Union Leader, and NHJournal, saying he could not have taken action when his office learned last December that Merner’s residency was under investigation by the New Hampshire Attorney General’s Office.

“Do what? What would you have me do? Get in the middle of an investigation? That could be criminal. Which is what it turned out to be,” Packard said. “If I had gotten involved in it and screwed up the investigation, you guys would probably be jumping all over me for ‘Why did you get involved’… I lose no matter what the hell I do.”

The New Hampshire Attorney General’s Office charged Merner, 63, last month on counts of wrongful voting, theft by deception, and unsworn falsification following its investigation. Merner is scheduled to be arraigned on Thursday, Dec. 28 in Coos County Superior Court. 

Packard’s meeting on Wednesday was an attempt to put an end to the critical news stories that dogged his office since the news broke.

“We tried to put this to bed, and every time we try and put it to bed, somebody puts a report out or something of that nature and blows the whole thing up again,” Packard said.

Packard blamed the media and partisan politics for giving life to the controversy and not anything he did or did not do.

“Would this [interest in the Merner story] have happened if we or the other party had a 50-vote majority? Probably not. Let’s be realistic; there’s a lot of politics involved in this right now,” Packard said.

According to documents so far released in the case, the Attorney General’s Office emailed Terry Pfaff — Chief Operating Officer of the New Hampshire legislature — on Dec. 6, 2022, one day before the House Organization Day. The email alerted House authorities to questions about Merner’s living situation and the ongoing investigation. A Packard staffer contacted Merner soon after receiving that email, and Merner denied he was no longer a Lancaster resident.

At that point, according to Packard, he decided to wait for the attorney general.

“We didn’t jump into any type of investigation; we took the man at his word. We had no reason not to, regardless of what the investigation said, because it wasn’t finished,” Packard said. 

Merner, a member of the Lancaster select board, allegedly moved out of Lancaster before he was elected to the House last November. According to court records, Merner considered his Lancaster office, post office box, and intent to eventually move back enough to establish his residency in the district despite the fact he was actually living in Carroll with his wife.

Deputy Speaker Rep. Steve Smith (R-Charlestown) played wingman to Packard at Wednesday’s press conference, explaining that no one made a formal complaint for Packard to act on and brought proof that Merner was not a Lancaster resident to the speaker.

“Anybody could have brought a complaint, and nobody did,” Smith said.

Without a complaint, Smith said that Packard could not act, adding that the Speaker’s Office does not generally investigate alleged misdeeds, nor does it conduct surveillance on members.

“The Speaker’s Office has a chief of staff, a deputy chief of staff, and … a communications director. We’re not going to deploy them to stake people out,” Smith said. “We don’t have staff or resources for that based on a rumor.”

Merner finally resigned from the House in September aw the attorney general’s investigation neared conclusion. At that point, the Department of Justice provided Packard with proof Merner was not a Lancaster resident. Packard followed up on that information by pushing Merner to step down.

“Once proof was given to us by the DOJ, we acted immediately,” Packard said.

Even if Packard got involved, past House precedent showed nothing would have happened, Packard and Smith argued. They pointed to a similar controversy from 1990, when it was learned Democratic Rep. Cynthia McGovern did not live in her Portsmouth district but instead lived in Hampton. 

Then-Speaker Steve Shurtleff (D-Penacook) appointed a committee to investigate McGovern’s residency, which took years to bring a resolution ousting McGovern to the floor. Despite it being a clear case of a representative living outside their district, the House voted down a 1992 resolution to boot McGovern from her seat.

“If we did investigate, what would have happened? It would have been really hard to find any conclusion other than the 1992 committee report that saw something just like this,” Smith said.

Is Packard worried about accusations from Democrats that he mishandled the Merner situation or the impact of this incident on his speakership going forward?

“I’ve been in politics a long time. I can’t control what everybody thinks,” Packard said.

House Speaker Sherman Packard (R-Londonderry) said Republican Rep. Troy Merner lied to him when confronted about his residency last year.

Feeling heat from Democrats after state Attorney General John Formella announced voter fraud and theft charges on Tuesday against Merner, Packard issued a statement Wednesday laying out his version of the controversy.

Packard acknowledged the Department of Justice told his office last December that Merner was accused of living outside his Lancaster, N.H. district. But Packard said he did not have verified information and could not take action. According to Packard’s statement, the Speaker’s Office conducted an investigation that stalled when Merner continued to lie about his residence.

“Upon being informed of the DOJ communication, the Speaker’s Office initiated a review of the matter, which included calling and interviewing Merner to confront him about the allegations in the Department of Justice communication,” Packard said.

“At that time, Merner continued to attest that his domicile was in Lancaster at the apartment he rented on Elm Street. The review did not obtain any new information other than what was contained in the information the Department of Justice provided; therefore, the matter was considered inconclusive pending further investigation/findings by the Department of Justice or other findings that may come through other processes or sources.”

Democrats said House Republican leaders, clinging to a 201-198 majority, didn’t want to know the truth about Merner.

“Given the closely divided partisan makeup of the House this term, it is of grave concern that Rep. Merner’s residency violations were overlooked both in Lancaster and in Concord while he continued to hold elected office,” House Democratic Leader Rep. Matt Wilhelm (D-Manchester) said in a statement.

Merner was elected to represent Lancaster, Dalton, North Umberland, and Stratford in November, months after he moved out of the district and sold his Lancaster home. The Attorney General’s Office received a complaint about Merner from a Lancaster resident a week after the November election and sent an investigator to speak to the representative.

Investigator Anna Brewer-Croteau found Merner living in a home in the town of Carroll, well outside his district. Wearing boxers and a t-shirt and eating cereal, Merner acknowledged to the investigator that he lived outside the district.

In the affidavit released Tuesday by Formella’s office, Merner maintained an office in town and slept there “multiple nights a week.” He followed that up by claiming other people do the same thing.

“(Merner) told (Brewer-Croteau) that he knows of other people who vote in Lancaster and are not domiciled there. (Merner) denied to identify these people,” the affidavit states.

As well as being Lancaster’s state representative, Merner also served on the town’s Board of Selectmen. He told Brewer-Croteau he had no plans to run for reelection.

Brewer-Croteau’s report was conveyed to General Court Chief Operating Officer Terry Pfaff on Dec. 6, 2o22.

Packard insisted he and his fellow GOP leaders in the House didn’t have enough to go on at the time.

“The information was not conclusive in nature and made no final determination about Merner’s domicile. The information also contained Merner’s account that the allegations were unfounded and that the investigation was ongoing,” Packard said.

Packard claimed he never got an official complaint about Merner’s living situation, nor did he get any confirmation from Formella about Merner’s residency until September. Throughout Merner’s time in the House, he submitted mileage reimbursement forms for his Lancaster address and maintained official ties to Lancaster. 

“He continued to serve on the Lancaster Board of Selectmen, which further legitimized his attestations,” Packard said.

After Merner was caught voting in the March 2023 Lancaster election, Formella’s office started asking about Merner’s office. During that investigation, it was learned that Merner did not, in fact, sleep at his Lancaster office multiple times a week. According to the affidavit, neighbors told investigators he did not sleep there at all. 

Packard never got a formal notice about the March voting complaint, nor did he get one about Merner’s admission in May that he did not live in Lancaster. However, once Formella’s investigation wrapped up, Packard said he took immediate steps to deal with Merner.

“When the Speaker’s Office was made aware of the conclusions made by the Department of Justice in September 2023, rapid action was taken to force Merner to vacate his seat,” Packard said.

Merner resigned from the Lancaster Select Board in October. He is charged with wrongful voting, a class B felony carrying a sentence of up to 7 years in prison and a fine of up to $4,000, and multiple other charges.

Merner is due to be arraigned on Dec. 28.

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.