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New Hampshire Sends Cease-And-Desist Letter After the DNC Calls its Primary Meaningless

Assistant Attorney General told the political party its action were in violation of the state's voter suppression laws


New Hampshire Sends Cease-And-Desist Letter After the DNC Calls its Primary Meaningless

New Hampshire has accused the Democratic National Committee of unlawful voter suppression in a new cease-and-desist order.


Assistant Attorney General Brendan O’Donnell issued the letter to the DNC’s Rules & Bylaws Committee on Jan. 5, just two weeks ahead of the state’s presidential primary. The DNC voted to hold its first primary in South Carolina on Feb. 4, the party’s first primary of the 2024 election season – breaking a longstanding political tradition and New Hampshire state law. 

According to O’Donnell’s letter, the DNC has reportedly directed the New Hampshire Democratic Party to “educate the public” that the state’s January primary is “meaningless.”

“Falsely telling New Hampshire voters that a New Hampshire Election is ‘meaningless’ violates New Hampshire voter suppression laws,” wrote the assistant attorney general. “Regardless of whether the DNC refuses to ward delegates to the party’s national convention based on the results of the January 23, 2024 New Hampshire Democratic Presidential Primary, that election process is not ‘meaningless.’” 

O’Donnell wrote that “telling the public or any person qualified to register to vote” that the upcoming democratic primary was purposeless “constitutes an attempt to prevent or deter another person from voting or registering to vote based on fraudulent, deceptive, misleading, or suspicious grounds or information.” The assistant attorney general ordered the DNC to “immediately cease and desist from engaging” in such conduct.

“This matter remains open, and this Office reserves the right to take further enforcement action based on the action described in the letter and any other actions that violate State election law,” wrote O’Donnell.

In its letter to the NHDP, the DNC’s Rules & Bylaws said the party’s plan to hold a primary in January was deemed “non-compliant” and that the state party had previously been reprimanded.

“Non-compliant processes can disenfranchise and confuse voters,” the co-chairs of the committee wrote. “The NHDP must take steps to educate the public that January 23rd is a non-binding presidential preference event and is meaningless and the NHDP and presidential candidates should take all steps possible not to participate.”

“We are aware that the Party intends to host a delegate selection process on Saturday, January 6,” the letter reads. “We advise you to inform participants that this process has not been approved by the RBC and is therefore not the approved route to become a Delegate to the National Convention, nor will it be recommended for approval by the RBC.”

After the DNC voted to move New Hampshire back in its primary schedule in conflict with the state’s election plan, an activist group began organizing a write-in campaign in support of President Joe Biden.

“While misguided DNC rules will leave Joe Biden off the primary ballot here in 2024, New Hampshire Democrats and Democrat-leaning Independents overwhelmingly support Joe Biden and plan to write him in," wrote Write-In Biden on its website. “Supporting our democracy is much more important than party politics or misguided DNC rules. This is about doing what’s right for our country.”

“We in New Hampshire have said all along that whatever the DNC does, NH will follow its law and have the first presidential primary,” the group added. “Well, we’re having the first in the nation primary — and now it’s up to us to show the nation and world that Joe Biden is the president we need to protect our freedom.”

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