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Judge dismisses electioneering lawsuit filed by two GOP candidates against N.H. public library – The Boston Globe

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Judge dismisses electioneering lawsuit filed by two GOP candidates against N.H. public library – The Boston Globe


In their lawsuit, Berry and Murphy objected to questions about abortion rights, public school funding, and LGBTQ+ issues, while also claiming the questionnaire would be illegal regardless of the topics addressed. They accused the library of violating the state law that prohibits public employees from using government resources for electioneering.

But only the New Hampshire Attorney’s General’s Office has authority to enforce state election laws, and nothing in the anti-electioneering statute even implies private parties have any legal right to file civil litigation of their own, according to Tuesday’s ruling from Hillsborough County Superior Court Judge Michael A. Klass.

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As a result, Klass concluded Berry and Murphy were unlikely to succeed on the merits of their case. He denied their request for a temporary restraining order and dismissed their lawsuit altogether.

Berry said he was “deeply disappointed that the judge sidestepped the core issue” in this case.

“While I respect the court’s decision, I fundamentally disagree with the notion that citizens cannot seek relief through the courts when public employees violate election laws,” he said.

Dianne Hathaway, director of the Goffstown Public Library, said her team appreciates the court’s expedited decision and remains confident library staff didn’t violate the law. Work on the questionnaire is “proceeding on schedule,” and library trustees will make the final decision on whether to publish the responses as planned, she said.

“Our goal is to post information by early next week,” she added.

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A spokesperson for the New Hampshire Department of Justice told The Boston Globe the DOJ’s Election Law Unit was still working on its response to a formal complaint regarding this dispute.

Murphy said Tuesday he hopes the attorney general will “do his job” and find that Goffstown Public Library violated the law.

The second floor of the Goffstown Public Library in Goffstown, N.H.Steven Porter/Globe Staff

In a preliminary assessment of the situation, Brendan A. O’Donnell, chief of the DOJ’s Election Law Unit, wrote in a Sept. 27 email that the library sent the questionnaire to all candidates on the ballot in local races for New Hampshire House and Senate and offered to publish their answers unedited.

“If a candidate disagrees with the premise or wording of a particular question, there is no reason the candidate could not use part of their answer to explain why they disagree with the premise of the question,” he wrote.

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O’Donnell concluded municipal entities aren’t blanketly prohibited from engaging in candidate forums and questionnaires, though the law does impose limits on how employees may use government resources to talk about election-related issues.

Generally speaking, the type of electioneering that is off-limits for public employees using government resources is that which “expressly advocates for the success or defeat of a candidate or measure being voted at an election,” O’Donnell said via the DOJ spokesperson.

That initial assessment didn’t stop Berry and Murphy from filing their lawsuit without hiring an attorney to represent them.

In an interview after a court hearing Friday, Berry said the idea that a government entity would assemble this questionnaire is so wrong that he “shouldn’t need an attorney to fight it.”

“If this is allowed to happen and the questions are allowed to be biased, you can imagine what 2026 is going to look like or what the municipal elections are going to look like,” he said.

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A teen-oriented section on the second floor of the Goffstown Public Library in Goffstown, N.H., prompts visitors to vote on whether zombies or vampires would win in a head-to-head showdown.Steven Porter/Globe Staff

The anti-electioneering law says it’s a misdemeanor for any public employee to use government property or equipment “to act in any way specifically designed to influence the vote of a voter on any question or office.”

Berry argued that means a public library cannot collect and publish even basic biographical facts about candidates, such as their ages, without running afoul of the law.

“There is no information they can present that won’t in some way ‘influence the vote of a voter,’” he said during Friday’s hearing.

Steven M. Whitley, an attorney for the library, contended that his client seeks to help voters understand candidates’ positions on certain timely topics, not tell them which candidates to support or oppose.

“The library’s position is that the intent is to educate the public. That is the intent of the questions,” he said. “That is why they contain some topics that are politically charged.”

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Of the 14 candidates who were invited to complete the library’s questionnaire, Hathaway said Tuesday the library had received responses from five Democrats and zero Republicans.

“However, since the published answers will be in a digital format, late responses can be added if candidates change their minds,” she added.

Two of the Democrats who responded to the questionnaire, F. Eric Emmerling and Marie B. Morgan, are running in Hillsborough County’s House District 44 against Berry and fellow Republican nominee Lisa Mazur. The district has two seats.

The other three Democrats who responded — Jim Craig, Judith Gaynor Johnson, and Melanie Renfrew-Hebert — are running with fellow Democrat Judi Lanza in Hillsborough County’s House District 29 against Republican nominees Joe Alexander Jr., Sheila Seidel, Henry R. Giasson III, and Sherri Reinfurt.

Michael York, the Democratic nominee challenging Murphy for his Senate District 16 seat, didn’t respond to the library’s questionnaire and has not responded to the Globe’s inquiries regarding this lawsuit.

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Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.





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New Hampshire

NH attorney general clears top Democratic official of ‘electioneering’ charge

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NH attorney general clears top Democratic official of ‘electioneering’ charge


The New Hampshire Attorney General’s office has concluded that Executive Councilor Karen Liot Hill did nothing wrong when she used her government email to assist a law firm that was suing the state over its voter ID law.

Assistant Attorney General Brendan O’Donnell wrote that Liot Hill’s use of her state email to assist a national Democratic law firm find plaintiffs didn’t amount to “electioneering” under state law.

The state Republican party alleged in August that Liot Hill — the only Democrat on the five-member Executive Council — misused her position by involving herself in a lawsuit against the state.

From the start, Liot Hill called that claim baseless, and the Attorney General’s office said Liot Hill’s conduct didn’t warrant sanction.

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“This Office cannot conclude that the e-mails constituted a misuse of position or otherwise violated the executive branch ethics code. This matter is closed,” the office wrote.

In a statement Friday, Liot Hill, from Lebanon, welcomed the conclusion of the case.

“The AG’s findings underscore the partisan nature of the ongoing attacks against me: I am being impeached not for wrong-doing, but for being a Democrat,” she said.

The lawsuit challenging New Hampshire’s voter ID recently failed in state court. But this issue may not yet be over: A top House Republican has filed a bill to explore Liot Hill’s impeachment next year.

As the lone Democrat on the Executive Council, Liot Hill is her party’s ranking member in the State House. That profile has made Liot Hill, who spent two decades in local politics before winning election to the council last year, a regular target for Republicans, who argue that her approach to the job, which she says honors the state’s volunteer spirit, has crossed ethical lines.

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The New Hampshire Republican Party did not immediately respond to a request for comment to the Attorney General report Friday afternoon.





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New Hampshire

Who makes the best Chinese food in New Hampshire?

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Who makes the best Chinese food in New Hampshire?


This week, we’re in the mood for tasty Chinese food. But where can you find the best Chinese food in New Hampshire? Which restaurant is your go-to place when you’ve got a craving? No national chains, please! Click the link to vote — votes in the comments will not be counted.



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New Hampshire

Police: Brown Univ. shooting suspect identified, found dead in New Hampshire

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Police: Brown Univ. shooting suspect identified, found dead in New Hampshire


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NBC News Channel

Providence Police Chief Col. Oscar Perez identified Claudio Manuel Nueves Valente, 48, as the person of interest in the Brown University mass shooting. Nueves, a Portuguese national and student, was found deceased in a New Hampshire storage facility from a self-inflicted gunshot wound.

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