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Windham’s streak of questionable election conduct continues. On Tuesday, officials held a vote reconciliation without informing the New Hampshire secretary of state or the public to double-check the totals from the March 12 town elections.

Town residents began contacting NHJournal Tuesday morning when a posting appeared claiming to be a “legal notice” that the town of Windham “will perform an election reconciliation [sic] the March 12, 2024 Election.”

“The public is encouraged to observe this process,” the notice added. To do that, several residents groused, they would have to know about it in advance.

Windham’s municipal elections were already under stress after both the Town Clerk Nicole Merrill and Deputy Town Clerk Hannah Davis announced two weeks before they were vacating their posts as of Election Day, March 12. Merrill cited health concerns for her departure, and Davis blamed pressure and a lack of support from superiors as driving her exit.

NHJournal contacted the town clerk’s office Tuesday and was told the decision to hold the reconciliation was made the night before. A source in the Secretary of State’s office, which oversees the state’s election, said they were unaware a reconciliation was being conducted.

The last election official left in town, Town Moderator Peter Griffin, did not respond to repeated requests for comment.

Vote reconciliations are typically conducted immediately after election polls close, votes are counted, and official results are reported. Officials compare votes, voters, and ballots cast to ensure accurate totals are reported.

Tom Murray, co-founder of the far-right Government Integrity Project, says there are concerns about Windham’s handling of the election. He says the results reported on election night were inaccurate, for example.

“The school moderator, Betty Dunn, who was on the ballot seeking reelection, was handling ballots that she appears on as a candidate during election night,” Murray said. He also claimed Dunn “has been involved in multiple unofficial recount/reconciliation efforts outside of the public.” Plus, he pointed out that the town’s notice for the reconciliation “did not meet the 24-hour requirement.”

And, Murray said, he will be asking for a recount of the March 12 election.

Murray told NHJournal that nobody is arguing that any election’s outcome will be changed. Instead, he said, it’s time for the town to finally admit—after five troubled election cycles in a row—that there’s a fundamental problem with its elections.

“It’s just incompetence,” Murray said. “They don’t know what they’re doing.”

Perhaps unrelated, Windham’s Board of Selectmen is meeting Wednesday evening in a non-public session. The board’s meeting notice cites RSA 91-A:3 II (a) as the legal justification for the non-public meeting. That section of the state’s Right to Know law allows public bodies to meet behind closed doors to discuss “the dismissal, promotion, or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him or her.”

Windham is no stranger to election issues. Unusual results in the 2020 election fed into national election conspiracies, and the state issued multiple warnings, including a rebuke for sloppy practices in the 2022 state primary.

When Windham became part of former President Donald Trump’s false claims about the 2020 election being stolen, an expansive and controversial audit of the Windham ballots found human error to blame. The 2020 audit report stated several hundred absentee ballots had been machine-folded as part of the mailing process. “That folding machine, leased by the town for other purposes, did not fold ballots along the score lines between vote targets, where the ballots were designed to be folded,” according to the audit. “Instead, it often folded ballots through vote targets in the state representative contest, which the scanners interpreted as vote attempts a substantial fraction of the time.”

Windham got in trouble again after the 2022 September state-wide primary when numerous errors by election day officials and corner-cutting on standard election procedure meant the primary election totals could not be reconciled on the night of the election, according to a letter from the New Hampshire Attorney General’s Office.

And in January, Windham was required to conduct the First in the Nation presidential primary in the town under the watchful eye of two outside observers, per instructions from the New Hampshire Attorney General’s Office and the Secretary of State’s Office.

“It was the second time we had to have an observer for our elections,” Murray sighed. “We’re on our way to a third.”

It’s becoming an Election Day tradition in the town of Windham, N.H.

Another election, another round of questionable election reporting, and another review in store for Windham election officials by the New Hampshire Secretary of State’s Office. 

Windham’s reported results from the Sept. 13 primary raised eyebrows when the reported results changed between election night and then later when results were given to the Secretary of State’s Office. At one point on Tuesday, Windham was “reporting” three different totals for the same elections: one from election night, one on the town’s website, and one from the hand recounts.

Republican state Rep. Julius Soti saw his total vote count in Windham drop by about 20 votes, from 1,080 on election night, to 1,063 during the week. “It’s a little bit odd they kept revising the numbers,” Soti said. “I’m not sure what happened.”  

The final tally? Soti edged Roger Filio in the GOP primary by eight votes, 2117 to 2109.

In the end, the final reported results were nearly identical to those reported on election night, with just a couple of votes net difference. So, why the moving-target tally? Town officials struggled to offer a cogent explanation.

“Any changes between the two sets of numbers can be accounted for by the continuation of the reconciliation process which involves the review of the marked checklist, hand tally sheets, write-in tally sheets, new voter registration, and checking the absentee ballot report along with various supporting spreadsheets,” said Windham’s Town Clerk Nancy Merrill in the statement. “The reconciliation process is a common, complex process that is performed not only in Windham, but all New Hampshire communities.”

But no other community had multiple results reported for the same election, critics noted.

“The votes they need to count are the ones that elected these [expletives] who run their elections,” one frustrated GOP state legislator told NHJournal. “They’ve got to go.”

Town Administrator Brian McCarthy downplayed the issue when contacted. He said the reconciliation process is in place to make sure the accurate totals are recorded, though that does not always happen the night of the vote. More time can be necessary to get all of the votes counted and the totals reconciled.

“Those reconciled numbers are the correct numbers,” McCarthy said.

That contradicts both the New Hampshire state constitution, which says all the votes will be counted on Election Day and the results from Windham where the reconciled numbers remained incorrect for part of the day Tuesday.

Not surprisingly, the state’s top election official is curious about Windham’s wandering results as well.

Secretary of State David Scanlan’s spokesperson Anna Fay said the election night counts were confirmed on Tuesday during the recount. The discrepancies in the totals will be investigated.

“The office is looking into issues related to the additional reporting that occurred after the election,” Fay said.

Windham became the epicenter for New Hampshire election conspiracy theories after the 2020 election when vote totals changed drastically in several races after the initial election night count. The months-long controversy ended with the outside audit that found the way town election officials folded the ballots caused the problems.

The folds in the paper ballots made it difficult for optical scan vote counters, AccuVote machines, to record the votes properly, hence the counting errors.

A subsequent state review also faulted local officials for compounding the errors by cutting corners ahead of the 2020 election according to a January letter from New Hampshire Attorney General John Formella and Secretary of State William Gardner to Windham town officials. Windham officials reportedly used an uncalibrated machine to tabulate the votes and skimped on a practice run that would have likely caught the issue before the election.

“(S)imply put, town election officials cut corners. Some of those shortcuts created errors—such as using an uncalibrated folding machine—which were unintentional and perhaps unforeseeable, but ultimately resulted in ballots not being accurately counted,” the letter states.

So far, no other major voting errors or discrepancies have been reported in other communities, though there were several recounts due to the high number of close elections.

Soti said the entire incident shows more oversight is still needed in Windham.

“We’re going to investigate this a little further,” Soti said. “I’m sure the secretary of state is going to ask a few questions.” 

Here we go again. 

On the eve of the primary election came reports out of Windham that ballots are being folded with the crease going through the voting oval, apparently repeating the same errors that led to an extensive audit of the town’s ballot system after the 2020 election.

According to reports, absentee ballots sent to Windham voters ahead of Tuesday’s primary have been folded twice, with the creases going through the ovals. The same improper folds on absentee ballots in 2020 resulted in anomalous results and new state oversight of the vote.

Windham Town Clerk Nicole Merrill could not be reached for comment Tuesday. Town Hall staff said she was away at Windham High School setting up for the election.

Both Anna Fay with the New Hampshire Secretary of State’s Office, and Michael Garrity with the New Hampshire Attorney General’s Office said state election monitors will be on hand Tuesday to make sure the election goes off smoothly.

“There will be an election monitor at the Windham polling place tomorrow. If there are any problems with improper folds or other issues, they will act accordingly,” Fay said.

Windham is one of three communities that will have state monitors in place to oversee the primary election due to multiple errors found in the 2020 voting process.

Windham, Bedford and Ward 6 in Laconia will all have election monitors in place In Windham, the audit found the vote total discrepancy was due to the improper folds. The folds in the paper ballots made it difficult for optical scan vote counters, AccuVote machines, to record the votes properly.

A state review also faulted local officials for compounding the errors by cutting corners, according to a January letter from New Hampshire Attorney General John Formella and Secretary of State William Gardner to Windham town officials.

“(S)imply out, town election officials cut corners. Some of those shortcuts created errors — such as using an uncalibrated folding machine — which were unintentional and perhaps unforeseeable, but ultimately resulted in ballots not being accurately counted,” the letter states.

The state ended up paying at least $123,000 for the outside experts to audit Windham’s voting totals.

In Bedford, a months-long controversy over 190 ballots that were never counted resulted in the Secretary of State deciding the town will have a state-appointed official to oversee the September primary.

“As a result of the concerns and shortcomings described in this and our prior correspondences, the Attorney General makes a finding that the November 2020 General Election returns from Bedford had significant deficiencies,” Myles Matteson of the state Attorney General’s Election Law Unit wrote to Bedford town officials.

In Laconia, a joint investigation conducted by the Attorney General’s Office and the New Hampshire Secretary of State’s Office found that 179 ballots went uncounted after the 2020 general election. The errors in this case were blamed on Ward 6 moderator Tony Felch.

“The ballots in the side compartment were not counted because Laconia Ward 6 Moderator Felch did not understand the basic functions of the ballot collection box,” according to the Attorney General’s release on the matter.

Felch was forced to resign from his volunteer position as part of the resolution of the incident.