The Ballot Law Commission on Wednesday dismissed a complaint that sought to bar 13 state representatives who voted in favor of New Hampshire’s secession from the United States last legislative session, including Rep. Matthew Santonastaso of Rindge and Diane Kelley of Temple, from running for state government.
The commission determined that it does not have jurisdiction over the question because it’s a matter related to the U.S. Constitution and not an issue of state election law.
“I don’t see where we can determine intent of insurrection or constitutionality of any issue,” said Commissioner David Campbell. “So for that reason, I don’t think we should proceed with this.”
In March, the state House voted 323-13 against the proposal to secede. The 13 lawmakers who voted for the bill were all Republicans: Max Abramson of Seabrook, Mike Sylvia of Belmont, Santonastaso, Dennis Green of Hampstead, Ray Howard of Alton, Kelley, Paul Terry of Alton, Mark Warden of Manchester, Josh Yokela of Fremont, Alan Bershtein of Nottingham, Glenn Bailey of Milton, Glen Aldrich of Gilford and Dustin Dodge of Raymond.
Speaking on behalf of the proposal, Santonastaso said “This national divorce is going to happen. It’s inevitable, and we have an opportunity to get ahead of it,” and that if it were unconstitutional for a state to secede, it would have been included in the Constitution.
Karen Steele of Atkinson had submitted the complaint, arguing that the state representatives who voted in favor of secession in the previous legislative session violated the 14th Amendment by aiding rebellion and insurrection. Steele said that violating the U.S. Constitution should be grounds for barring those representatives from running for or serving in state office.
“As an individual citizen, I find it alarming that some of our elected officials spend their time planning on how New Hampshire should secede from the union, attempting to become a sovereign nation,” she told the commission.
The commission sought legal advice from the Attorney General’s Office on the matter.
“The question is not whether that action is abhorrent or even illegal. The question is just whether they think this constitutes an insurrection or rebellion within the 14th Amendment,” Kevin Scura, counsel for the Attorney General’s Office, told the commission. He pointed to case law from after the Civil War and the Jan. 6, 2021, insurrection.
Commission Chair Bradford Cook noted that the decision was about the commission’s jurisdiction and that no one on the commission had a “moment’s worth of sympathy for secession.”
Pro-secession liberty activists in the audience cheered the decision. Elliot Axelman of Hooksett said it would bolster the secessionist movement in the state moving forward and that representatives would again try to pursue secession through legislation.
Members of the Free State Project were also in attendance, including president emeritus Carla Gericke.
Previous reporting from Rick Green of the Keene Sentinel was used in this story.