NEWMARKET, N.H. -- An assistant attorney general has found the Newmarket School District in violation of electioneering laws in relation to the $38.9 million bond approved by voters in March to renovate the Junior-Senior High School. The complainant said he is "undecided" on whether he will take further action regarding the vote.
In a letter to Superintendent Meredith Nadeau on Wednesday, Brian Buonamano of the attorney general's civil bureau said his office received an election law complaint on March 1 submitted by Jeffrey Clay, a former Newmarket school district employee. The complaint alleged Newmarket school officials and faculty had been posting electioneering communications on the school district website, in violation of RSA 659:44-a, which states "no public employee shall electioneer while in the performance of his or her official duties." The RSA defines electioneering as "to act in any way specifically to influence the vote of a voter on any question or office."
"I have reviewed the Newmarket school district website identified in the complaint and have observed a collection of videos linked on the website that show administration officials, faculty and students providing statements and information intended to influence voters at an upcoming town election," Buonamano wrote. "The website also contains a message from you, the superintendent, that indicates that the videos and website will explain how Newmarket school facilities 'need immediate attention' and that also states, 'Our schools are in need of upgrades and if they don't happen, the students suffer.'" Nadeau went on to say school officials hoped voters would support the project come March.
Buonamano said after reviewing the content, his office concluded the videos were produced during school operations and that public property (the district website) was used to disseminate the videos, which is electioneering communications, contrary to the RSA. Nadeau was "specifically seeking to influence the vote of the voters," Buonamano wrote.
Buonamano ordered the district and faculty to "cease and desist" any further electioneering communications and to remove the videos posted on www.newmarketschoolprojects.com.
"In the event of future violations, this office will take further action," Buonamano said, stating violations of the RSA are criminal misdemeanors.
When reached for comment Wednesday, Buonamano said there is currently no other action his office will take relative to the bond itself.
"My only role is to enforce the prohibition of electioneering communications," he said. "There will be no legal effect from us on the bond."
Clay, the complainant, is a Right-to-Know activist and has frequently challenged the Newmarket School District. He sued the district in 2011 for alleged wrongful dismissal, and again in 2016 for alleged violations of the state's Right-to-Know law.
"The truth of the matter is I'm very concerned for the residents of Newmarket," said Clay of Alton. "I'm so passionate about the town and I love the people there. I think what (school officials) have been doing to the voters is reprehensible." Clay said he was not in favor of the bond article as presented.
Nadeau said Wednesday evening she had not yet received a copy of the letter from the attorney general's office and therefore could not immediately comment on the violation or any impact it may have on the vote approving the bond.
