A disturbing cease & desist order in New Hampshire


A few weeks ago, the New Hampshire Attorney General issued a cease and desist order to the National Democratic Committee, claiming that it had made “false, deceptive, and misleading” statements in violation of New Hampshire law. The statements in question noted that any delegates chosen in the New Hampshire Democratic presidential primary won’t be accepted at the party’s national convention, and therefore the primary is “meaningless.” Violation of the cited law is a felony.

This is disturbing in at least two ways. First, the Democratic National Committee isn’t a New Hampshire organization. It isn’t subject to New Hampshire law. The AG’s office seems to be saying it can enforce its law anywhere in the country, maybe anywhere in the world.

Second, the law in question is vague and could be unconstitutional. “Attempting to induce another person to refrain from registering to vote or from voting by providing that person with information that he or she knows to be false or misleading” is a crime. What is “misleading” information, and how do you determine that the person giving it knows it’s misleading?

Suppose I say, “Don’t bother voting, all the candidates are crooks.” Suppose further that at least one candidate has never faced criminal charges, and I’m aware of that. Have I provided “false or misleading” information? Can I be sent to jail for years for that statement? Individuals or organizations calling for election boycotts could be subject to chilling scrutiny and even prosecution for anything they say.

The DNC’s statement that the Democratic primary is “meaningless” is true in the intended sense; it will not directly affect the nomination process. If the DNC committed a crime with that statement, I may now be an accessory to the crime. And I live in New Hampshire and can be arrested.