By NANCY WEST, InDepthNH.org
CONCORD – As the second year of the 168th session of the New Hampshire General Court is about to start, Republican House Speaker Sherman Packard of Londonderry is laying low regarding the controversy over his “invitation only” press conference Wednesday.
InDepthNH.org wasn’t invited, but according to published reports by the three news outlets that were invited, Packard defended his actions that allowed Republican Rep. Troy Merner to serve the whole last House session after moving out of his Lancaster district.
Merner, 63, has told people that House leadership asked him to stay on after his move from Lancaster to Carroll because Republicans needed his vote in the closely divided House between Republicans and Democrats, but he hasn’t publicly said who told him that.
On Friday, several calls to Packard’s office 603-271-3661 went to voice mail. Packard refused to answer emailed questions Thursday and Friday asking if he has been questioned by the Attorney General’s Office.
Mike Garrity, spokesman for Attorney General John Formella, said in late November after Merner was arrested that the investigation then shifted from the Elections Law Unit to the Public Integrity Unit and was continuing.
On Friday, Garrity said: “The Public Integrity Unit does not comment on ongoing investigations.”
It would be likely that House leadership would be interviewed about what they knew in the Merner case because they were alerted before the session began in a Dec. 6, 2022 email from the Attorney General’s Office that it had received a credible report saying Merner moved out of district.
Packard has told reporters House leadership didn’t do anything then because the Attorney General’s Office was still investigating.
The state Constitution is clear that a House member must resign if he or she moves out of district.
The state House holds its first sessions Jan. 3 and 4 in Representatives Hall to act on retained bill reports. The state Senate convenes Jan. 3.
State Rep. Kat McGhee, D-Hollis, said in late November that she had been interviewed by the Attorney General’s Office and asked to corroborate what she told InDepthNH.org in mid-November.
McGhee said then that after the news broke in September that Merner was living out of his Lancaster district during the entire last House session, he told her that “everyone knew” he had moved away from Lancaster but House “leadership” told him to continue serving.
McGhee said then that she thought it was because the Republican leadership needed Merner’s vote in the closely divided House.
“(Merner) admitted to me that everyone knew,” he had moved out of district, McGhee said. She didn’t press him for names during that call.
“He did say he wanted to step down sooner and was asked not to. He said he had brought up the idea earlier in the year and was asked not to do so,” McGhee said.
On Friday, Packard also avoided questions about credentialing reporters and requiring them to wear a badge to sessions after one reporter said on Twitter that he had received House credentials.
InDepthNH.org did not know about a House credentialing process, but was refused a key to the State House press room.
On Friday, InDepthNH.org received an email from NH House Communications that said: “The House does not issue press credentials. Please refer to the House media policy available on the General Court website. Identification of members of the media by wearing an identification badge is requested when present for House sessions in Representatives Hall, pursuant to House Rule 17, but not required in public spaces within the State House complex. It assists our doorkeepers, security, staff, and members in identifying who are legislators or not when in the restricted areas of the Hall and anteroom. In the same effort, we ask legislators to wear their name badges and/or member security pins on session days, as well.”
Merner was arrested Nov. 28, waived arraignment that had been scheduled for Dec. 28 and will appear in court for a dispositional hearing March 14.
He has been charged with one class B felony count of wrongful voting, and misdemeanor charges of theft by deception, unsworn falsification and tampering with public records for allegedly filing false mileage charges to and from the State House.
Merner’s arrest affidavit can be read here: https://indepthnh.org/wp-content/uploads/2023/11/merner-affidavit-signed.pdf
Packard and Deputy Speaker Steve Smith held the “invitation only” press conference Wednesday regarding former Republican Rep. Troy Merner. The NH Journal, NH Public Radio and the Union Leader attended.
Packard and Smith didn’t return InDepthNH.org’s requests for an interview or information about the press conference or a handout reportedly distributed to reporters about the Merner case.