Dan Richard – How Did Our “Employees” Get To Write the Rules on How They Get Re-Elected?

It’s a GREAT question. Why?

But first, this is from Dan himself for context:

OF COURSE, it’s a constitutional crisis.

The U.S. Supreme Court ruling yesterday, in Moore v. Harper, comes the day after I filed my case with the NH State Supreme Court (docket # 2023-0097), which is the same theme and argument in Richard v. Sununu, et al. now before the Court.

Under stare decisis the NH Supreme Court will now be bound by the SCOTUS opinion in Moore v. Harper, causing a constitutional crisis in NH, as this case validates my complaints in my lawsuit.

SCOTUSBlog has a quick background and why it applies to Dan’s case

In a major election-law decision, the Supreme Court ruled on Tuesday that although the Constitution gives state legislatures the power to regulate federal elections, state courts can supervise the legislature’s exercise of that power. By a vote of 6-3, the court rejected the so-called “independent state legislature theory,” holding that the North Carolina Supreme Court did not violate the Constitution when it set aside a congressional map adopted by the state’s legislature.

Daily Signal has more:

Justices ruled 6-3 Tuesday in Moore v. Harper to reject the “independent state legislature theory,” the idea that legislatures have unrestricted power under the Constitution to administer federal elections without review from state courts.

The Supreme Court held that the Constitution’s elections clause “does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections.” The case stems from the North Carolina Supreme Court’s decision in February 2022 to toss a congressional map drawn by the Republican-led legislature after the 2020 census as “an egregious and intentional partisan gerrymander.”

“State courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause,” Roberts wrote. “But federal courts must not abandon their own duty to exercise judicial review. In interpreting state law in this area, state courts may not so exceed the bounds of ordinary judicial review as to unconstitutionally intrude upon the role specifically reserved to state legislatures by Article I, Section 4, of the Federal Constitution.”

Since 2019, Dan Richard has been waging a one-man skirmish in the election arena – what are the rules, how did they get to be, and why are we having such a problem with out-of-state voters (mostly college students who pay out-of-state tuition, go figure)?  And more importantly, how can the Constitution be “amended” by mere State Statute/law instead of by the mandated Constitutional process on which We, the People, make that decision? Instead, our elected legislators, over time, made the  incremental changes by passing bills that bypassed that Constitutional process.

While it can take many to do a wrong by consensus, it only takes one person to do the right thing by being persistent. That’s Dan. But this asks the most important question:

Why did legislators do so (an effort that has taken place over 50 years) to change NH election law by statute rather than doing the right thing in properly amending the NH Constitution? That we may never know, but in having the Judiciary put on the spot for their results, perhaps these legislative wrongs can be righted.  From Dan:

After a lot of work, and help from others, my appeal to the NH Supreme Court was filed today. Please share far and wide as all of our constitutional rights are being violated. All of my complaints are unresolved and still law;

• Amending the constitution by fraud;
• Unconstitutional voting machines;
• Unconstitutional, illegal absentee voting (no affidavits);
• Allowing unqualified out of state residents to vote

Here is his NH Supreme Court appeal petition (it is meaty):

And the appendix with the supporting information:

We wish him well and hope to be in the courtroom for the hearing on this.  And in talking with him a few minutes ago, as of this writing, there will be a lot more on this.