This story will be updated when more information is known.

By NANCY WEST, InDepthNH.org

CONCORD – At 4:19 p.m. Monday Secretary of State David Scanlan emailed Clerks, Moderators and Select Boards, telling them that several municipalities had recently received a letter titled “Notice of Breach in Application of Election Law & Constitutional Violations.” 

See letter to Durham officials here: https://indepthnh.org/wp-content/uploads/2024/11/NOTICE-OF-BREECH-OF-ELECTION-LAW-11.4.24-2.pdf

Scanlan told them: “Please disregard this letter in its entirety.”

The email doesn’t say exactly what they were told or how many municipalities were notified.

“The letter demands that election officials take actions that are contrary to state election law and applicable court orders regarding New Hampshire election procedure.  Election officials are advised to follow New Hampshire election procedure laws, as explained in the New Hampshire Election Procedure Manual.  You should not deviate from these procedures unless and until you receive a court order instructing you to do so,” Scanlan said in the email. The email wasn’t distributed publicly.

The email said if the clerks, moderators and selectboards had questions on election day regarding proper election procedure, to call the Secretary of State’s Office or the Attorney General’s election hotline (1-866-868-3703).

The email was signed by Scanlan.

The letter sent to local election officials, obtained from the Attorney General’s Office, appears to be signed by Jeffrey Berlin of Durham. It says: “In accordance with our civic responsibility and constitutional duty as citizens We the People under the New Hampshire Constitution (Part 1, Articles 1, 8, 11,12 and 38) respectfully submit this remonstrance.

“We assert that the New Hampshire Constitution clearly defines election procedures. The Town Moderator in the presence of selectmen and clerks is responsible for sorting, counting ballots, and declaring the election results.

“… As designated officials, you hold the responsibility for conducting the election process in your town or city – not the Secretary of State.

“The NH Constitution explicitly designates you as the authority over election procedures and holds you accountable as elected officials…It is important to recognize that town bond coverage does not shield officials from liability for wrongful acts. This remonstrance serves to inform you of constitutional and federal law violations embedded in election procedures provided by the Secretary of State’s Office.

“…we believe that certain laws outlined in the New Hampshire election manual are incorrectly applied and conflict with both the New Hampshire constitution and federal law. We believe these violations will occur in the Nov. 5, 2024, election but may have occurred in both the January 2024 and September 2024 state and federal elections.”

Jeffrey Berlin could not immediately reached for comment.