Click here to see TikTok post: https://youtube.com/shorts/CgqnwDSNlak?feature=share
On July 6, 2022, the Attorney General’s Office received complaints concerning a TikTok video posted, on May 23, 2022, by Kathleen Cavalaro, a candidate for State Representative, that included statements regarding Massachusetts residents being able to vote in New Hampshire elections.
See the three complaints here: https://indepthnh.org/wp-content/uploads/2022/07/Complaints-1.pdf
In the video post, Ms. Cavalaro makes the following statement that appears to be directed at Massachusetts residents: “You can actually vote for me. Just get on one of those buses that comes in from Massachusetts and go to Ward 2 in Rochester and vote for me.” A review of the comments to the video indicates that the top comment on the video is a “pinned” comment from Ms. Cavalaro, also made on May 23, 2022, reading, “For legal reasons and bc Repubs are not funny, this is a joke. I am making fun of Republicans.”
Based on the comment from Ms. Cavalaro that her video post is intended to be a joke, and an interview with her, the Attorney General’s Office concludes that the video does not constitute criminal solicitation to wrongfully vote and is protected speech under the First Amendment. Nonetheless, given that there is a risk that the video post could result in voter confusion — or lead to a criminal act if a Massachusetts resident votes in New Hampshire — this Office has requested that Ms. Cavalaro consider removing her May 23 video post from her Tiktok account. In the alternative, this Office has requested that Ms. Cavalaro use her social media platform(s) to clarify that registering to vote in New Hampshire requires that a person must be domiciled in New Hampshire.
As the entity responsible for enforcement of New Hampshire’s election laws, this Office appreciates opportunities to improve voter education. As it relates to assertions in the video, registering to vote in New Hampshire requires being domiciled in New Hampshire and meeting all qualifications under the law. It is a criminal act for a resident from another state who is not domiciled in New Hampshire to either register to vote or to vote here. For more information, please refer to the “Voting in New Hampshire” page on the New Hampshire Secretary of State’s website, which is available at: https://www.sos.nh.gov/elections/voters/voting-new-hampshire.
Finally, the Attorney General’s Office notes that there are circumstances where a communication can constitute criminal solicitation to wrongfully vote in violation of RSA 659:34. Wrongful voting, under RSA 659:34, includes voting where a person is not qualified to vote. Soliciting individuals to vote where they are not qualified is a crime in New Hampshire.