Well, I was hoping to get a callback from the Secretary of State’s Elections section yesterday concerning Dan Richard’s Writ of Mandamus – that didn’t happen. Upon coming home from taking the Grandson to Clarke’s Bears, I quickly opened the laptop thinking that I might have received an email.
Wishful thinking.
However, Dan received a rather rapid reply from the NH Attorney General’s office after he sent this to further speed up the process by emailing the SecState directly:
From: Daniel Richard 1danielrichard@protonmail.com
Sent: Tuesday, August 6, 2024 7:46 PM
To: Orville Fitch Orville.Fitch@sos.nh.gov; David Scanlan David.Scanlan@SOS.NH.GOV
Subject: Writ of MandamusI have filed this Writ of Mandamus with the Merrimack County Court. I want to give you notice asap. See attached.
Daniel Richard
Well, here was the response – not from the Secretary of State’s office but the Election Law Unit of the Attorney General’s office (emphasis mine):
From: O’Donnell, Brendan Brendan.A.Odonnell@doj.nh.gov
Date: On Thursday, August 8th, 2024 at 1:14 PM
Subject: FW: Writ of Mandamus
To: 1danielrichard@protonmail.com 1danielrichard@protonmail.com
CC: DOJ-Election Law electionlaw@doj.nh.govGood afternoon Mr. Richard:
The Attorney General’s Office will be representing the Secretary of State’s Office in this matter. If you e-mail me the summons and complaint when you receive them, I can coordinate an attorney from my office accepting service on behalf of the Secretary of State’s Office.
Thank you,
Brendan
Brendan A. O’Donnell
Election Law Unit Chief
New Hampshire Department of Justice
1 Granite Place, Concord, NH 03301
brendan.a.odonnell@doj.nh.gov
Telephone: 603-271-3658
Interesting, it will be. It seems to me that Dan has legally boxed the State into a “situation” in that if they dare to address one of the issues, they open themselves up to being complicit in not being lawful in another. If they are successful is sidestepping that (and the percentage, I think, will be low), there’s another sitting in a chair staring them right in the eye with a “go ahead, buddy, make my day”.
Normally it takes 4 months for a decision to be rendered by the NH Supreme Court; they are around 4.5 months overdue on Dan’s appearance before the Court. What is taking NH Supreme Court Chief Justic Gordon MacDonald so long to either assign an Associate to write the decision…
SideNote: or is it about Justice Anna Barbara Hantz Marconi who, along with her husband, has been put on administrative leave for some possible malfeasance? Is it the case that Dan’s case was one of her’s that now has to be finished or vetted by one of the remaining four? Is it the case that screwups abound?
…and get it out the door, or is politics come into it with the Presidential election now so close (and the Primary as well)? Has he dithered so much hoping to kick Dan’s can down the road so as to not stain his pal, Gov. Chris Sununu, with not following both the NH Constitution and established Law WITHOUT correcting the latter with respect to the former? After all, per Article 41, his duty is to:
“The governor shall be responsible for the faithful execution of the laws.
So, I have a question: IF Dan is right, and the Court finally confirms that, WHO is going to take the fall over this? The Court? The Legislature for not fixing it? Past Legislature for performing the legerdemain to pass laws obviating the Constitution, and in doing so, creating a Constitutional crisis by complete and utter disregard of the proper process of Constitutional Amendments? Which means that We the People have the last say on it – but didn’t?
I’m still going to call the SecState’s office later on today and ask for “Anna” (who was supposed to call me back) for a response.
At this point, however, I’m not expecting much…
