This complaint is filed with the U.S. Department of Justice Civil Rights Division to address serious violations of federal election laws by New Hampshire state and local officials, including Secretary of State David Scanlan, Attorney General John Formella, Governor Christopher Sununu, and the Town of Auburn, during the 2020 federal elections.
Complaint to the U.S. Department of Justice Civil Rights Division
To:
Maureen Riordan
Acting Chief, Voting Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Michael E. Gates
Deputy Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530
Date: July 29, 2025
Subject: Complaint Alleging Violations of Federal Election Laws by New Hampshire Officials
Dear Ms. Riordan and Mr. Gates,
This complaint is filed with the U.S. Department of Justice Civil Rights Division to address serious violations of federal election laws by New Hampshire state and local officials, including Secretary of State David Scanlan, Attorney General John Formella, Governor Christopher Sununu, and the Town of Auburn, during the 2020 federal elections. These violations involve unauthorized modifications to election procedures, enforcement of non-law as law, coercive threats against voters and election officials, and the use of unverified and uncertified absentee ballots, resulting in significant vote dilution and undermining the integrity of the electoral process. These actions violate the U.S. Constitution, federal election statutes (52 U.S.C. §§ 10101, 20511), and fundamental voting rights.
I. Background
The 2020 federal elections in New Hampshire saw an unprecedented 32% of the total vote cast via absentee ballots, a 28% increase over the typical 4% absentee turnout in prior federal elections. These absentee ballots were counted as lawful despite being unverified and uncertified, in direct violation of federal and state election laws. The actions of the named officials—Secretary of State David Scanlan, Attorney General John Formella, Governor Christopher Sununu, and the Town of Auburn—have deprived voters of their constitutional and statutory rights to a free, fair, and equal election process.
II. Allegations of Federal Election Law Violations
A. Unauthorized Modification of the Election Procedure Manual (EPM)
Secretary of State David Scanlan and Attorney General John Formella modified the New Hampshire Election Procedure Manual (EPM) on page 154, redefining a “properly executed affidavit” in a manner contrary to New Hampshire statutes (N.H. RSA 659:27, 659:30) and established legal standards. This unauthorized change undermined the statutory requirement for affidavit verification in absentee voting, violating federal election laws, including 52 U.S.C. § 10101(a)(2)(A)-(B), which prohibits disparate standards for determining voter eligibility within the same political subdivision. The modification also implicates the Elections Clause (U.S. Const. art. I, § 4) and the Fourteenth Amendment’s equal protection and due process clauses by creating non-uniform standards that treat absentee voters differently from in-person voters. See Bush v. Gore, 531 U.S. 98, 104–05 (2000).
B. Enforcement of Non-Law as Law
The EPM, as modified by Scanlan and Formella, contains an explicit disclaimer on page iv (V. 2024.0) stating it is not law. Despite this, the Defendants enforced the EPM’s redefined affidavit standard as law, overriding New Hampshire’s statutory requirements (N.H. RSA Ch. 659) and federal law. This enforcement violates the Supremacy Clause (U.S. Const. art. VI) and federal election standards requiring state actions to comply with constitutional mandates. See Moore v. Harper, 600 U.S. 1, 26–30 (2023). By instructing election moderators to follow the EPM’s unauthorized standard, the Defendants induced moderators to commit malfeasance under federal law (52 U.S.C. § 20511(2)), undermining the integrity of federal elections.
C. Coercive Threats Against Voters and Election Officials
On October 30, 2024, Scanlan and Formella issued a “Joint Memorandum” threatening to refer election officials or voters to the Attorney General for challenging absentee ballots on lawful grounds, such as improper affidavit execution. This coercive tactic violates federal prohibitions on voter intimidation under 52 U.S.C. § 20511(2) and the Fourteenth Amendment’s due process clause by denying voters and officials a meaningful opportunity to exercise their statutory rights. See Mathews v. Eldridge, 424 U.S. 319, 333 (1976).
D. The Town of Auburn’s Disparate Ballot-Counting Practices
The Town of Auburn employed three different ballot-counting methods—hand-counted ballots, machine-counted ballots, and unverified absentee ballots—creating disparities that violate 52 U.S.C. § 10101(a)(2)(A)-(B). The use of unverified and uncertified absentee ballots, which comprised 32% of the total vote in 2020, resulted in vote dilution and potential ballot box stuffing, a crime under 52 U.S.C. § 20511(1)(C). These practices treat absentee voters differently from in-person voters, who must verify their identity, violating equal protection guarantees under the Fourteenth Amendment. See Bush v. Gore, 531 U.S. at 104–05.
E. Governor Sununu’s Failure to Uphold Election Laws
Governor Christopher Sununu, bound by his oath under Part II, article 41 of the New Hampshire Constitution to faithfully execute the laws, failed to ensure compliance with federal and state election laws. His inaction allowed the unauthorized EPM modifications, enforcement of non-law, and disparate counting practices to persist, contributing to the counting of unverified and uncertified absentee ballots in the 2020 federal elections. This failure constitutes a breach of his constitutional duty and facilitated violations of federal election laws.
III. Legal Violations
The actions of the Defendants violate the following federal laws and constitutional provisions:
- 52 U.S.C. § 10101(a)(2)(A)-(B): Prohibits disparate standards for determining voter eligibility within the same political subdivision.
- 52 U.S.C. § 20511(1)(C), (2): Criminalizes the knowing procurement, casting, or tabulation of false or fraudulent ballots and voter intimidation.
- U.S. Constitution, Article I, Section 4 (Elections Clause): Requires state election procedures to comply with federal standards.
- U.S. Constitution, Fourteenth Amendment (Equal Protection and Due Process Clauses): Prohibits non-uniform election procedures and denial of a meaningful opportunity to be heard.
- U.S. Constitution, Article VI (Supremacy Clause): Prohibits state actions that conflict with federal law.
IV. Request for Relief
The complainant respectfully requests that the U.S. Department of Justice Civil Rights Division:
- Investigate the alleged violations of federal election laws by Secretary of State David Scanlan, Attorney General John Formella, Governor Christopher Sununu, and the Town of Auburn.
- Take appropriate enforcement action to ensure compliance with federal election laws, including 52 U.S.C. §§ 10101 and 20511.
- Enjoin the use of unverified and uncertified absentee ballots in future federal elections in New Hampshire.
- Enjoin the enforcement of the EPM’s unauthorized affidavit standard and coercive threats against voters and election officials.
- Provide any other relief deemed necessary to protect the integrity of federal elections and the voting rights of New Hampshire citizens.
V. Conclusion
The actions of Secretary of State David Scanlan, Attorney General John Formella, Governor Christopher Sununu, and the Town of Auburn in the 2020 federal elections constitute serious violations of federal election laws and the U.S. Constitution. The unauthorized modification of the EPM, enforcement of non-law as law, coercive threats, disparate ballot-counting practices, and failure to uphold election laws undermine the fundamental right to a free and fair election. The complainant urges the Civil Rights Division to investigate these violations and take swift action to protect the integrity of the electoral process.
Respectfully submit,
/s/Daniel Richard
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