New Hampshire Democrats are losing a lawsuit meant to block the recount

A boisterous stack of ballots for a Republican candidate has overturned the election results for a key seat in the New Hampshire state House of Representatives.

Republican Larry Gagne was declared the winner over previously declared Democrat Maxine Mosley yesterday in the District 16 race in Manchester, the most populous city in New Hampshire. The results of the race left the Republicans with a one-seat majority in the state House of Representatives for the new session in January.

With a Republican governor and an all-Republican Congress, New Hampshire is poised to be the only Republican-governed New England state.

The New Hampshire Democrat Party unsuccessfully made a legal bid to stop the recount that gave Gagne the victory. A New Hampshire Superior Court judge on Tuesday denied the party’s request for a permanent injunction over further trials of the race.

Bill O’Brien, attorney for the New Hampshire Republican Party, which is challenging a lawsuit filed by the Democratic Party on Friday, told The Epoch Times that it is about a party so keen to accuse the GOP of making false claims Making allegations of voter fraud would seek to block people’s constitutional rights to have their votes counted.

“They were willing to compromise constitutional rights for control of the House of Representatives,” O’Brien said, adding that he did not suspect intentional foul play.

First, Gagne was declared the first winner by 23 votes. A recount requested by Mosley earned her a one-vote win over Gagne.

However, when the New Hampshire Secretary of State conducted an audit of the election results for governor in the same district, it was found that a stack of ballots counting only 100 actually had 125 ballots in the stack, with the top 25 ballots cast exclusively for Republican. It has been suggested that these top 25 ballots were not included in the final count.

Secretary of State Dave Scanlan agreed that the discrepancy warranted further scrutiny of the race results, but in their lawsuit, Democrats argue that under state law, once a winner has been declared in a first recount, further recounts are prohibited.

“At the conclusion of the recount, Democrat Maxine Mosley was declared the winner by the Secretary of State. The Secretary of State’s statement of Mosley’s victory was posted on the Secretary of State’s website,” the Democrats said in their lawsuit.

But Amy Ignatius of Merrimack County Superior Court disagreed, ruling on Wednesday that voter desires outweigh statutory voting requirements.

“In resolving electoral difficulties of this nature, care must be taken not to decide the matter on the basis of unjustified formalities. The goal must be to establish the legally expressed choice of the voters,” she wrote in her conclusions.

The judge ordered a full recount of all ballots cast in the district. This recount, which began at 1 p.m. and ended around 7 p.m., took place yesterday.

The results gave Gagne a 24-vote win over Moxley, which, when you add the one-vote lead Moxley had in the recount, equals the 25 spotted ballots previously omitted from the original count.

Democrats have vowed to appeal the recount to the NH Ballot Law Commission, which is also scheduled to decide a tie in another Statehouse race in New Hampshire. Unless the commission finds disagreements to resolve the tie, it will turn to the newly elected legislature in January to decide, a legislature now most likely Republican-controlled.

Democrats partially blamed Scanlan for agreeing that further scrutiny of the race results was in order. “It is unfortunate that Secretary Scanlan is clearly ignoring the New Hampshire electoral law, but we will do everything we can to protect the integrity of our elections,” Colin Booth, communications director for the New Hampshire Democratic Party, said in a statement before the 22 recount .Nov.

Ignatius agreed in her decision that state law would normally limit further in-race recounting, but noted that the limited special exceptions under the law were applicable.

However, she decided that “extraordinary circumstances call for an atypical remedy.”

New Hampshire has the largest House of Representatives in the United States. They have preserved the state’s tax-exempt status, lack of seatbelt and helmet laws, and were the earliest state in the Northeast to lift COVID-19 mandates and lockdowns.

Alice Giordano

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Alice Giordano is a former news correspondent for The Boston Globe, Associated Press and the New England Bureau of The New York Times.

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