New Hampshire Attorney General John Formella issued a cease-and-desist order to the Democratic National Committee on Monday for making "false, deceptive, and misleading" comments about the state's first-in-the-nation presidential primary.
Formella was nominated for the attorney general's job by Republican Gov. Chris Sununu, who has been vocal in his criticism of the DNC's efforts to minimize the New Hampshire primary. Formella is also a Republican and spent four years as Sununu's legal counsel before being named attorney general.
The attorney general cited a Jan. 5 letter he said the DNC's Rules and Bylaws Committee sent to New Hampshire Democratic Party Chair Ray Buckley telling local Democrats to "educate the public" that the New Hampshire primary is "meaningless." He said calling the primary meaningless violates New Hampshire voter suppression laws.
Read the DNC's letter below:
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"Regardless of whether the DNC refuses to award delegates to the party’s national convention based on the results of the January 23, 2024, New Hampshire democratic Presidential Primary Election, this New Hampshire election is not 'meaningless,'" the attorney general's office said in a press release. "RBC’s statements to the contrary are false, deceptive, and misleading. Telling any person qualified to register to vote or vote in New Hampshire that the January 23, 2024, New Hampshire democratic Presidential Primary Election is “meaningless,” or soliciting NHDP or any other party to make such statements, constitutes an attempt to prevent or deter New Hampshire voters from participating in the January 23, 2024, New Hampshire democratic Presidential Primary Election..."
Read the attorney general's full cease-and-desist order below:
Formella ordered the DNC to immediately cease and desist from any misleading statements about the lack of importance of the New Hampshire primary. He added that the matter remains open, and said his office reserves the right to take further enforcement action if there are any additional violations of state election laws.
Buckley released a statement Monday afternoon in response to the attorney general's cease-and-desist letter.
“Well, it's safe to say in New Hampshire, the DNC is less popular than the NY Yankees," he said. "“State law requires the New Hampshire Secretary of State to conduct the first-in-the-nation primary and he is going to follow the law — period. Nothing has changed, and we look forward to seeing a great Democratic voter turnout on January 23rd.”
An email sent to DNC spokesperson Sarafina Chitika on Monday afternoon seeking comment was not immediately returned.
The 2024 New Hampshire presidential primary is scheduled to be held on Tuesday, Jan. 23. New Hampshire has held the nation's first presidential primary for the past century, successfully fending off challenges from other states, thanks in large part to a state law that gives the secretary of state sole authority to set the date and mandates that it be at least a week before any similar contest.
By setting its primary date on Jan. 23, New Hampshire is defying a new Democratic calendar that has South Carolina leading off presidential primary voting on Feb. 3 and Nevada going three days later.
The changes, made at President Joe Biden's request, are meant to better empower Black and minority voters by leading off in a state with more people of color than New Hampshire has.
The Associated Press contributed to this report.
