Request for Asst. AG Matteson to Resign

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Jun 20, 2022, 1:58:36 PM6/20/22
to Jaffrey Voices
Posted by Deborah Sumner, June 20, 2022.

Note: See June 17 posting for "Testimony to NH Voter Confidence Commission, May 30, 2022"

          “Not everything that is faced can be changed, 
          but nothing can be changed unless it is faced.” James Baldwin

June 20, 2022 (sent by email and regular mail)

Dear Myles, 
John Formella, Barbara Griffin and you were given a choice. Honor your oaths of office (RSA 92:2) and duty to the NH Constitution or resign from office.

I asked Mr. Formella and Rep. Griffin to resign on May 28, I am asking you to do so today.

The NH AG should know the difference between a handcount to confirm the accuracy of the computer and guard against potential tampering, as other moderators have done, and a “recount,” clearly defined by state law. The Secretary of State and Bud Fitch DEFINITELY knew and know the difference.

 “Our New Hampshire Constitution was created by the people, who are sovereign, and it, being an expression of their will, is the fundamental and supreme law of the State. No branch of State government can lawfully perform any act which violates the State Constitution.” State v. LaFrance (1983) 124 N.H. 175

The Jan. 7, 2022 “finding of the attorney general” (RSA 659:77,iii) re: Windham, written by former Deputy AG and current Assistant SOS Bud Fitch and signed by Mr. Formella, said “The moderator has a duty to accurately count all legally submitted ballots.”

The constitutional duty of the moderator is clear in current law yet Attorneys General and their election law assistants from 2016 through today have refused to acknowledge or correct their obvious, egregious and extremely harmful “mistake.”

You have all chosen instead to continue the pattern and practice of protecting and enabling individuals in the Secretary of State’s office and their legislative allies to abuse their positions of public trust, violate the constitution, laws consistent with it, and THEIR oaths of office. From my perspective, at a minimum you are all guilty of violating RSA 641:31 and RSA 666:3, both misdemeanors and requiring an independent investigation.

WHY didn’t Scanlan want the ******* moderator to conduct a verification count of the Nov. 2016 election? What were **************** and ***********  roles? Is there evidence of a conspiracy? Based on my investigation, looks like there was. Prove me wrong.

Neither you nor Mr. Formella CAUSED this systemic failure. You inherited it. 

Instead of you two taking a strong stand for the public and pushing for needed change, you have chosen to be part of the ongoing problem and serve as the SoS’s lawyer, not the people’s,

So far, there has been no accountability for the attorneys general and secretary of state’s actions since 2016 But the house of cards may crash down upon you at any moment. 
Please resign ASAP for the good of NH. For your own good, find a career path that doesn’t require you to be indifferent to truth, or protect and cover up for individuals who have chosen to abuse their positions of public trust, harm others and the public’s trust in individuals, our government and our elections.

NH deserves better.

Good luck. Sorry we couldn’t resolve this issue. It will remain a stain on the honor, reputation and credibility of the NH Attorney General.

Respectfully,

Deborah Sumner
Jaffrey, NH 03452

RSA 92:2 Oath Required. – No person chosen or appointed to any public office or to any position where an oath is required, under any law, shall exercise such office or position or perform any act therein until he shall make and subscribe the oath or declaration as prescribed by part 2, article 84 of the constitution of New Hampshire, and any such person who violates said oath after taking the same shall be forthwith dismissed from the office or position involved.

From: Deborah Sumner 
Subject: You Work for the Public, not Mr. Formella or Mr. Scanlan
Date: June 3, 2022 at 9:09:25 AM EDT
To: "Matteson, Myles

Dear Myles,

Since someone sent the AG’s office a copy of my testimony to the Voter Confidence Commission, I want to make sure you also see it. 

I understand that you are new in this position (hired in August, taking over the EL position in October, I believe), Not an easy job. It is understandable you want to impress your boss, but WE the public collectively is/are your boss. If you lose our trust, you need to find a new job.

I am aware of two mistakes (understandable when someone is new and the job is as complex as yours), that as a minimum, you need to acknowledge to the individuals involved. An apology would mean you are sorry, and I know that is probably too much to ask a young man with ambitions. (Your background is impressive.)

1.******************She was not responsible for the SoS’s failure to send her forms with legal reporting requirements for the special election in 2021.  You need need to acknowledge that error. (See #3 in the Oct. 20, 2020 email included in my May 30 testimony. I said, "Before the November 2010 election, an individual in the SoS office interfered with the Jaffrey moderator’s decision to verify (by hand counting) the computer count of one of the two federal races on the ballot. The moderator has previously sought AG advice and knew he could do this, yet this AG individual did not stop the SoS individual from interfering in the Jaffrey election.

Reports of law violation to the Attorney General after the November 2010 election were ignored. Those violations involved the Secretary of State’s office.

The SoS failed to send the forms with legal reporting requirements then. There was no reconciliation of ballots received/used or reconciling number of votes cast and voters checking in to vote. That opened a major possibility for fraud. The AG (Delaney at the time) ignored it, Richard Head finally responded that it was the law….I knew that already, but that’s what lawyers who want to protect their clients try to do….

2. *************** in what I consider an abusive communication to her, dated Feb. 2, copied to David Scanlan.

You have email contact info both of them.

Please copy me or send bccs so I know you have acknowledged your errors. You have until June 17 to send them.

Thanks.

Debbie Sumner
Jaffrey
PS call if you want to talk
On Feb 2, 2022, at 7:02 AM, Deborah Sumner wrote:

Dear Mr. Matteson,

I know how difficult adjusting to a new job is and how much there is to learn. 

The reporting requirements of RSA 659:63 are essential checks and balances for at least three reasons:

1) to protect against known vulnerabilities of the computer
2) not all elections officials are as honest or conscientious as others
3) the public has a constitutional duty to oversee and make sure our election officials are complying with laws and protecting our rights, votes and elections. (NH Const. pt. 2, art. 32)

The moderator’s worksheet should be checked for accuracy BY THE MODERATOR and signed by him or her.

I am lucky to have a town clerk I have reason to trust. However, the LAST time the secretary of state failed to send the proper forms so local election officials would comply with reporting requirements, I found out, the hard way, that I didn’t have reason to trust the previous town clerk. That was the November 2010 election.

Ask me what happened after that.

I request that you send a written communication to the SoS, with a copy to me, explaining why it is important for the SoS to send the proper reporting forms for any and all elections to ensure local officials comply with reporting requirements with minimum hassle for them and the public to do our oversight responsibilities.

I will then share that communication with Jaffrey officials. Then, in the next election, if they have reason to be concerned about what the SoS is doing or not doing (essential check and balance), they would feel safe in communicating their concern to you. Get it?

If I don’t receive a copy of your communication to the SoS by Feb. 16, I will assume you have chosen to do nothing and I will share THIS communication with Jaffrey officials.

Call if you want to talk.

Thank you.

Respectfully,

Deborah Sumner.
Jaffrey, NH 03452

PS Best time to call is 9-12 noon weekdays


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