In 2010 The NH AG Investigated a report of double voting in a town election. See if you notice anything strange about this investigation – except it is like other NH voter fraud investigations – not much investigation.
Jon R. Deacon
Re: Violation of RSA 659:34, I
January 12, 2011
Jon R. Deacon
Re: Violation of RSA 659:34,1
Dear Mr. Deacon:
On March 25, 2010, the New Hampshire Attorney General’s Office received a complaint that you voted twice in the town elections held on March 9, 2010. As a result of this complaint, this Office conducted an investigation.
During the investigation, this Office confirmed, from information received from the Checklist Supervisors in Litchfield and Hudson , New Hampshire , that you voted in elections held in both of these towns OD March 9, 2010.
On April 6, 2010 Richard Valenti, an investigator with our office, spoke with you regarding this matter. You informed him that you did in fact vote in both Litchfield and Hudson on March 9, 2010.
During the course of the April 6, 2010 conversation, you explained that on the Election Day in question you went to vote in the town of your current domicile, Hudson.
You stated that you were told by an election official in Hudson that you were not registered to vote and that you had to go to your previous domicile, Litchfield, in order to vote. Upon arriving in Litchfield, you claim to have told an election official that you are a resident of Hudson , but that you were told to go to Litchfield to vote. According to your account, you were given a ballot and you voted. After depositing your ballot in the box and telling another election official that you live in Hudson , you allege that this election official instructed you to go to Hudson to register. Upon arriving back in Hudson , you state that you told the same election official from earlier that you had voted in Litchfield, but that you were instructed to return to Hudson. The election official sent you to another table, where you informed yet another official that you needed to register to vote. You stated that you gave your completed registration form to another election official who gave you some ballots. You acknowledged that you took the ballots and voted.
In May of 2010, you provided Investigator Valenti with a signed type statement, which substantially comports with the statement you provided to him over the phone.
Be advised that RSA 659:34, I, provides. in pertinent part that “[a] person is subject to a civil penalty not to exceed $5,000 if such person:
(a) When registering to vote; when obtaining an official ballot; or when casting a vote by official ballot, makes a false material statement regarding his or her qualifications as a voter to an election officer or submits a voter registration form, an election day registration affidavit, a citizenship affidavit, a domicile affidavit, or an absentee registration affidavit containing false material information regarding his or her qualifications as a voter;
(5) ;
(c)
(d) Applies for a ballot in his or her own name after he or she has voted once;
(e) Votes for any office or measure at an election if such person is not qualified to vote as provided in RSA 654; RSA 659:34, I, (a), (d) and (e).
You have admitted in your communications to Investigator Valenti that you voted twice in the town elections held on March 9, 2010. As such, this Office has determined that you violated RSA 659:34,
1.We find that by registering to vote in the town of Hudson on March 9, 2010, after you had already voted in the town of Litchfield ,you made a false material statement on the Hudson voter registration form in violation of RSA 659:34. I (a). Specifically, in completing the voter registration form in the town of Hudson, you executed the following oath (emphasis added), which states in pertinent part: acknowledge that I have read and understand the above qualifications for voting and do hereby swear, under the penalties for voting fraud set forth below, that I am qualified to vote in the above stated city or town on this date, and if registering on election day, that I have not voted and will not vote at any other place in this election.
Jon R. Deacon
Re: Violation of RSA 659:34, I
January 12, 2011
We also find that you violated RSA 659:34, 1 (d) when you applied for a ballot in Hudson after voting in Litchfield. Additionally, we conclude that you violated RSA 659:34 I (e) because you knowingly voted at the Litchfield polling place when you were not qualified to vote there as provided in RSA 654 in that your domicile at the time was Hudson.
RSA 659:34, III, authorizes the Attorney General to impose civil penalties for violations of RSA 659:34 1. However, the statute also states that the Attorney General “shall have the exclusive power to compromise, mitigate, or remit such civil penalties.”
RSA 659 . 34 V.
This letter serves as official written notice that this Office is hereby imposing a civil penalty of $2,000.00 against you pursuant to RSA 659:34,111, because you violated RSA 659:34, I (a), (d) and (e) on March 9, 2010.
However, due to the circumstances surrounding your double voting, including possible confusion, all $2.000.00 of the civil penalty shall be suspended for a period of two (2) years from the date of this letter.
This suspended penalty shall become immediately due and payable to the New Hampshire Secretary of State within thirty (30) days of you being notified in the future by this Office that you are once again in violation of RSA 659:34, I.
Be advised that any future violation of RSA 659:34,1, may also result in a prosecution in New Hampshire superior court pursuant to RSA 659:34,11, which states “A person is guilty of a class A misdemeanor if, at any election, such person purposefully or knowingly commits any of the other acts listed in paragraph I.” RSA 659:34._11.
Thank you for your cooperation in this matter. Should you have any additional questions, please do not hesitate to contact me.
Sincerely,
Matthew G. Mavrogeorge
Attorney
Civil Bureau
(603) 271-3650
cc: William M. Gardner, Secretary of State
David M. Scanlan, Deputy Secretary of State
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Another thing about this election law violation of double voting is that it is NOT on the NH Secretary of State website under “2010 Investigations”
I wonder why that is?
