Attorney General John M. Formella issued a cease-and-desist order to the Democratic National Committee (DNC) Rules & Bylaws Committee in response to a controversial January 5, 2024 letter sent by the panel to the New Hampshire Democratic Party (NHDP), raising concerns about potential voter suppression tactics.
The letter instructed the NHDP to “educate the public” that the January 23, 2024, New Hampshire Democratic Presidential Primary Election is “meaningless.”
While there are 21 candidates listed on the ballot, the race is viewed as a test of whether Congressman Dean Phillips or best-selling author Marianne Williamson can pose a viable threat to President Joe Biden.
This assertion prompted swift action from the state’s Attorney General, who deemed the statements 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’… constitutes an attempt to prevent or deter New Hampshire voters from participating [in the primary]… in violation of RSA 659:40, III,” Assistant Attorney General Brendan O’Donnell wrote in the order to the DNC, citing a portion of the state’s voting rights law.
The attempt by allies of Biden to downplay the significance of the election raised serious concerns about potential violations of state election laws. Biden’s attempt to cheat previously drove Robert F. Kennedy Jr. out of the Democratic Party and into an independent candidacy.
The New Hampshire Secretary of State scheduled the primary election for January 23, 2024, in adherence to state law (RSA 653:9), which mandates that the state’s primary precede similar elections in other states.
The assertion that the election is “meaningless” sparked worries of an attempt to undermine voter participation.
The exchange is the latest fallout from Biden’s attempt to demote the New Hampshire primary for his party after he finished with less than ten percent in his 2020 bid for the White House.
The DNC last year overhauled its presidential primary calendar for 2024. Iowa was widely expected to lose its place as the kickoff to the campaign after it botched the 2020 caucuses and because of long-standing criticisms that its caucuses were too white and too undemocratic.
The party committee working on the calendar stunned observers and insiders alike, however, when it announced that Biden had communicated his desire to have South Carolina go first, which would demote New Hampshire, a change few expected.
While Iowa has gone along with Biden’s scheme, New Hampshire unsurprisingly refused to cede its role as the first contest in the presidential nominating process.
The threat of being stripped of delegates in one party’s primary in a single election was not enough for the state to give up a 123-year- tradition that New Hampshire holds the first primary — a rite that also happens to be required by state law.
The Attorney General’s Office asserted that, regardless of the Democratic National Committee’s decision on awarding delegates based on the primary results, the New Hampshire election holds substantial importance. Describing it as “meaningless” could deter voters from participating, constituting a violation of RSA 659:40, III.
The cease-and-desist order mandates that the DNC immediately cease any conduct violating state election laws, including but not limited to making false, deceptive, or misleading statements about the significance of the primary.
The Attorney General’s Office emphasized its commitment to ensuring fair and uninhibited participation in the democratic process.
As the review of the DNC’s actions remains open, the cease-and-desist order serves as a stern warning against any attempts at voter suppression leading up to the January 23, 2024, New Hampshire Democratic Presidential Primary Election.