Concord, NH – On Tuesday, November 7, 2023, three prominent members of the New  Hampshire Republican Party filed suit in federal court for the district of New Hampshire  against their own state’s GOP chair, Chris Ager, along with Governor Chris Sununu’s  Secretary of State, David Scanlan. The principal plaintiff in the case is Karen Testerman, Merrimack County GOP Chairperson, who recently has been in a number of  battles which were in objection with the way her party’s chair has been handling a  multitude of problems throughout the granite state. Most recently In particular, Secretary  Scanlan’s open violations of state election laws.  

“Karen Testerman is one of the most level-minded and understanding people you can  deal with” says co-plaintiff Lynn-Diane Briggs. Briggs continues,” but when state government personally impacts my vote because of their election law violations, I  become disenfranchised and my vote is now meaningless. I say enough is enough.” 

The major GOP brawl started when Testerman attempted to cure a major violation that  was orchestrated through a memo sent throughout New Hampshire to all cities and  towns by secretary Scanlan’s office, which openly tampered with the state’s election law  that governs the cut-off date for changing party affiliations. The plaintiffs contend that  the law is clear where it states the first Wednesday in June as the cut-off date for  changing one’s party affiliation, but was ignored by the secretary’s office and unlawfully  changed to October 6^th, adding four months to the cut-off date. The suit contends during  this time frame that democrats numbering in the thousands changed their party  affiliation to ‘undeclared’, in an orchestrated effort to vote republican in the upcoming  presidential primary. The plaintiffs contend that this circumvention of state law created a  mechanism to change the primary winner of the GOP, making their vote worthless. 

Both Secretary Scanlan and GOP chair Ager were served by the Merrimack county  sheriff’s department on Wednesday, November 15^th. Plaintiff Wayne Saya, Sr. contends  that a number of attempts to secure legal counsel were unsuccessful, while  acknowledging the difficulties of living in a low populated state where everyone knows  everyone.” Saya, a retired executive and CEO, explained “when you have a state  government that believes any election law can be broken without consequence for the  sake of convenience or strategy, my one vote becomes worthless.”  

On Wednesday, November 15, 2023, secretary Scanlan announced January 23, 2024 as the date for the state’s presidential primary. Coincidentally, the Secretary’s office was  being served by the Merrimack county sheriff’s department with this federal election  lawsuit. What is so ironic, the suit was filed in federal court one week earlier on  November 7^th, yet the suit contained the same date of January 23^rd for the presidential  primary as announced by secretary Scanlan one week later? How did the plaintiffs know  which date to put in their suit a week before secretary Scanlan’s announcement? In  New Hampshire, everyone knows everyone. 

Plaintiffs in the suit have filed motions to receive expedited relief, or what is known as  preliminary injunctive relief, before the presidential primary is held this coming January  2024. The plaintiffs are seeking two options for relief. The second of two options, and  the unfortunate best to safeguard the vote, moves the presidential primary to October of  2024. This “nuclear option” moves the Presidential primary to the same day as the New  Hampshire US congressional primary. This would have all party affiliations to be where  they belong, since party affiliations (democrat or republican) will want to vote for their  party’s congressional candidate, and not strictly for another party’s presidential  candidate. The Judge in this case will certainly have his hands full.  

Hearing the case is Judge Joseph N. Laplante, of the US district court for the district of New Hampshire. Judge Laplante was nominated by President George W. Bush in 2007 and confirmed by the US senate the same year, and served as the court’s chief judge from 2011 to 2018. 

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