New Hampshire RINOs Violate State Law to Help Haley Against Trump

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Source: Don Brown, January 20, 2024

Here we go again.

Remember 2020? Remember the democrat-controlled Pennsylvania Supreme Court arbitrarily moving mail-in ballot deadlines to three days after election day, despite Pennsylvania law requiring that ballots be received by 8 PM on Election day? [1]

Before that, in the wake of George Floyd protests, democrat Pennsylvania governor Tom Wolf, signed an illegal executive order extending  counting  mail-in ballots for up to seven days beyond the statutory deadline of postmarks received by 8 PM on election day, the law be damned.[2]

This time, it’s not democrats, but anti-Trump RINOS in New Hampshire joining the act, all in an effort to help Nikki Haley rake in as many democrat votes as possible. RINO Jay Sununu’s anti-Trump sentiments are well known, resulting in his endorsement dalliance for Nikki Haley. But Sununu apparently isn’t alone in RINOland.

Republican Secretary of State David Scanlon, who openly flirted with getting an “opinion” from the New Hampshire Attorney General on whether the 14th Amendment would keep President Trump off the New Hampshire ballots – is pulling out all the stops to give Haley every opportunity possible to pick up democrat votes – in the Republican primary.

This is apparently Haley campaign’s modus operandi: understanding that victory is not possible in Republican-only primaries, she courts democrats with a passion to try and make it close.

This is how Haley managed to win only one of the 99 counties in Iowa by recruiting democrats to vote in a Republican caucus.  CBS’s Tony Dokoupil reports “They estimate about 75 people were new registrations or switched their registration from Democrat to Republican in order to play in this caucus tonight.”

Now NH RINO Secretary of State David Scanlon appears to be fully playing the “help Nikki with the Democrats” game.

To do this, Scanlon blatantly violates two sections of the New Hampshire Statutes.

First, New Hampshire law requires that “No person, who is already registered to vote, whether his party membership has been previously registered or not, shall affiliate with a party or disaffiliate from a party between the first Wednesday in June and the day before the state primary election.” (RSA 654:34 IV).

In other words, the party-switching deadline, under New Hampshire law, must be the first Wednesday of June before the following year’s “first in the nation” primary, of which New Hampshire is so possessive and proud.

Under that clear deadline, set forth by statute, and based upon this year’s New Hampshire primary of January 23, the deadline for switching parties was June 7, 2023.

Despite the June deadline as set by statute and without authority from the legislature, RINO Scanlon unilaterally reset the deadline on four months later, through October 6, 2023, giving the Haley campaign an additional four months to switch democrat registrations to either Republican or undeclared. [3]

Under the illegal deadline-extension some 4000 democrats “switched” to republican or “undeclared,” allowing them to vote in New Hampshire’s first-in-the-nation republican primary.

But Scanlon’s illegal Haley-helping gets worse.

New Hampshire RINOs and the Haley campaign want an “open” primary, whereby “undeclared” voters, not registered as republicans, can show up and ask for a republican ballot in the primary, and vote away for whoever they want.

Haley and company have been courting these “undeclared” voters and have courted them hard.[4] The Secretary of State is pushing this procedure, whereas the “undeclared,” non-Republican voters, can vote in the New Hampshire primary.

Here’s the problem. Despite the fact that Sununu, Scanlon, and New Hampshire RINOs push an “open” primary, allowing non-republicans to vote for republicans, New Hampshire law simply does not allow it.

The relevant sections are found at 659:14 of the “Revised Statutes Annotated of the State of New Hampshire” or simply “RSA.”

If the person’s party membership has been registered before, the person shall be given only the ballot of the party with which the person is registered, unless the person desires to vote the ballot of a party not having official existence at the time the person’s party membership was previously registered…

Put another way, New Hampshire law only allows registered republicans to vote in the primary, not “undeclared” voters.

But the statute provides a possible scenario under which the primary could be open, as follows:  “If the rules of a party permit a person who is registered as an undeclared voter to vote in the party’s primary, any person desiring to vote in that party’s primary shall also announce the name of that party at the time of announcing the person’s name. “

Thus, the “open primary,” allowing non-Republican “undeclared” voters to show up and vote for Haley would be legal only if the New Hampshire Republican Party had adopted rules permitting undeclared voters to vote in the primary.”

But by all accounts, the New Hampshire Republican Party has never “adopted rules permitting undeclared voters to vote in the primary,” and certainly has never notified the Secretary of State of such a rule.

In fact, to have an “open” primary, allowing undeclared Haley voters to vote, New Hampshire law requires the Party Chairman to notify the Secretary of State of such a rule. This is found in relevant part at RSA 659:14-II, which provides that “The party chairman shall notify the secretary of state in writing prior to the filing period for state offices whether the party has adopted such a rule.”

In New Hampshire, by all accounts, no such rule, allowing for “open” primaries” has ever been provided to the NH Secretary of State. In fact, on October 6, 2023, New Hampshire Attorney Norm Silber sent to Secretary Scanlon a Public Records Request asking for written copies of any such rule, if any such rule had ever been provided by the New Hampshire Republican Party to the Secretary of State, declaring that the NH GOP had a rule allowing for “open” primaries.

In response, and as required by law, Scanlon wrote back three days later, on October 9, 2023, declaring that “In response to    your RSA 91-A request my office has not been able     to locate any “written notice of a Republican State Party rule change relative to which voters can participate in a New Hampshire primary election.”

In other words, Scanlon admits that there is no directive from the NH GOP showing a GOP rule allowing for “undeclared” voters to vote in the GOP primary.

In fact, and to the contrary, on January 28, 2023, the NH GOP adopted a resolution to restrict the New Hampshire Republican primary only to registered Republican Voters, and not “undeclared” voters.

Legally, however, that resolution, restricting the primary only to Republican Voters, was not even necessary, as the Party never adopted any rules, communicated to the Secretary of State, to “open” primaries to begin with.

The fact that New Hampshire has held open primaries in the past, does not legalize the practice. The statute prohibiting open primaries was adopted in 1987, and remains in effect.

Thus, New Hampshire’s “First in the Nation,” open primary, allowing Haley to openly court “undeclared,” voters against Trump, who are not Republican, is an illegal enterprise before it begins, at least to the extent that non-Republican, “undeclared” ballots are counted.

President Trump may well steamroll Haley in New Hampshire, despite the law-bending tactics of the RINO likes of Scanlon.

But it appears that in “live free or die,” that which dies in New Hampshire is the rule of law.

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Don Brown, a former U.S. Navy JAG officer, is the author of the book “Travesty of Justice: The Shocking Prosecution of Lieutenant Clint Lorance,The Last Fighter Pilot: The True Story of the Final Combat Mission of World War II , and “CALL SIGN EXTORTION 17: The Shootdown of SEAL Team Six,” and the author of 15 books on the United States Military, including three national bestsellers.  He is one of four former JAG officers serving on the Lorance legal team. Lorance was pardoned by President Trump in November 2019.  Brown is also a former military prosecutor, and a former Special Assistant United States Attorney.  He can be reached at donbrownbooks@gmail.com


[1] https://www.nbcnews.com/politics/2020-election/supreme-court-allows-3-day-extension-pennsylvania-ballot-counting-n1243949

[2] https://www.cbsnews.com/pittsburgh/news/governor-moves-deadline-to-count-mail-in-ballots-amid-unrest/

[3] https://newhampshirebulletin.com/briefs/ahead-of-primary-nearly-4000-democratic-voters-switch-affiliation-to-republican-or-undeclared/