26-2d. perjury allegation re Scanlan

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May 26, 2026, 10:07:32 AM (11 days ago) May 26
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Posted by Deborah Sumner, May 26, 2026. Communication with Public Integrity Unit re: perjury allegation in the Danville lawsuit. May 8 initial report at the end and report to various legislative committees, leaders and Executive Council of May 21 at top.


Attached are three files submitted as evidence and an opinion from a retired attorney in 2016 which backed up the AG’s and William Gardner’s interpretation of law prior to Scanlan’s action against a moderator in Sept.  2016. Legislative committees and the attorney general have seen this in past citizen attempts to resolve the issue informally, beginning in 2016. See “Espiefs Statement.”

 

From: Deborah Sumner 

Subject: Fwd: Request for Investigation: Abusing Position of Public Trust/Perjury Allegation

Date: May 21, 2026 at 5:44:10 AM EDT

To: David.K...@nh.gov, karen.l...@nh.gov, Joseph....@nh.gov, Janet.L...@nh.gov, John.A....@nh.gov

 

To Legislative leaders, members of the House and Senate Judiciary Committees, House Criminal Justice Committee, House and Senate Election Law Committees and members of the Executive Council

 

It was unlikely the AG’s office would investigate itself and shows there needs to be a process to hold that office accountable for the harms it has caused voters and others. 

 

If that had been in place in 2016, it would have saved a lot of time and energy and prevented escalation to a perjury charge against now Secretary of State Scanlan. As the Epstein issue at the federal level has demonstrated, important people are protected and enabled by a justice system that is supposed to protect the public. 

 

I hope enough NH legislators are ready to learn that lesson and put the public’s interest first in what they choose to pay attention to and what they choose to ignore. The Attorney General’s office and the House and Senate Election Law Committees have chosen to ignore this issue since 2016. I have always learned from my mistakes. I continue to hope legislators, the attorney general and secretary of state can learn from theirs.

 

Thank you.

 

Deborah Sumner

PS I am sending this to each committee and Executive Council as separate emails and will also be sharing it with citizens


Begin forwarded message:

 

From: Deborah Sumner 

Subject: Re: Request for Investigation: Abusing Position of Public Trust/Perjury Allegation

Date: May 21, 2026 at 5:12:08 AM EDT

To: "DOJ: Invest Info" <inves...@doj.nh.gov>, ALEXANDER.J...@doj.nh.gov

Cc: "ChongYen, Nicholas" <Nicholas....@doj.nh.gov>, "Boffetti, James" <James.T....@doj.nh.gov>, "DOJ: Attorney General" <attorne...@doj.nh.gov>, Governo...@governor.nh.gov

 

The American Republic is more likely to fall by an electorate who does not know who to hold accountable in government for specific problems than by an invasion or military coup.

                                   David Souter, late US Supreme Court Justice and 

                                                                       former NH Attorney General

 

To Attorney General John Formella, Governor Ayotte and the Public Integrity Unit

 

I left a phone message for Mr. Kellermann on Monday and have not received a response. 

 

Two final questions: since the Attorney General now considers it a crime for moderators to perform a constitutional and legal duty to protect voters and candidates, WHO wlll protect voters? Moderators and other local election officials are supposed to be accountable to voters. 

 

Who shall hold an indifferent attorney general and secretary of state accountable for the harms they have caused voters and others?

 

This is not the court’s fault. Under Court Rule 3.3, it is the attorney general’s office that should correct the problem with the court. I have requested a restorative justice remedy.

 

https://www.courts.nh.gov/new-hampshire-rules-professional-conduct/rule-33-candor-toward-tribunal

 

I believe now the investigation needs to begin with the legislative branch, not only on the perjury charge submitted on May 8 but other criminal violations of law by the Secretary of State and Attorney General in their interference with the constitutional and legal duties of elected moderators. I will also send this to members of the Executive Council and request their help. 

 

An independent investigation outside government, by neutral and fair individuals with a track record of serving the public interest, possibly including members of the media and good government groups may be warranted.

 

If I don’t get a response by tomorrow to the first perjury allegation re: David Scanlan, enabled by the Attorney General, filed with the Public Integrity Unit on Dec. 22, 2025, I will send it to you again. 

 

I send this with deep anger, hurt and felt betrayal of trust in the Executive branch of government. But also, with great love and hope NH voters will someday have the government we deserve, that protects our rights instead of demonstrating its indifference to them (since at least 2010 in my experience).

 

It had no authority to steal those rights from us voters. 

 

Respectfully,

 

Deborah Sumner

(contact info removed)

On May 11, 2026, at 9:25 AM, Deborah Sumner wrote:

 

I am still waiting to find out who did the initial review and I would expect was backed by backed by Mr. ChongYen (or whoever is the head of your unit).

 

If you are not willing to reconsider your “finding,” please make sure AG Formella and Gov. Ayotte back your decision on this, because the buck stops with themIf people have any questions, they will be contacting them directly.

 

Questions:

 

The NH Constitution and laws consistent with it specifies the duty and authority of elected moderators.

 

1) Where does our constitution say the Secretary of State (in interpreting a law he wrote in 2010/11) has the authority to charge a moderator with “intentional negligence” for fulfilling that duty (as moderators had been doing since at least 2006?)

2) Where does it say that if the Attorney General is negligent and fails to restrain the SoS from violating the laws listed as background of the reported perjury allegation and the Secretary of State commits perjury in court as a result of that failure, the Attorney General allows that perjury so voters continue to be harmed? It also allows Mr. Scanlan to continue this pattern and practice of intentionally misleading courts and others.

3) Where does it say that if the Secretary of State violates laws and the Attorney General fails to enforce them, moderators then have to go to the Legislature to get its permission to perform her/his constitutional and legal duty? 

4) Why did attorneys general prior to 2016, at least two moderators, the Danville selectmen, and I know that Dillon’s Rule doesn’t apply here? Since the Secretary of State knew, why did he “forget” in 2016?

 

I don’t believe you can answer these questions. 

 

To be kind, I am calling the Secretary of State’s and Attorney General’s actions “negligent,” which has resulted in harm to voters and election officials. This qualifies minimally as “maladministration” and I consider it abuse. The Attorney General has had adequate opportunity to correct his error since 2016 and has chosen to continue to harm voters and threaten election officials (illegally) instead.

 

 As a matter of law and common decency, I believe voters and the election officials involved, are entitled to a restorative justice resolution. 

 

Mr. Kellermann, I will be contacting you later this week. Please check your response with Mr. Formella and Gov. Ayotte before then to make sure they will back it.

 

Thank you.

 

Deborah Sumner

603-532-8010

 

PS I am still waiting for a response to the previous allegation of perjury reported to your office on Dec. 22, 2025. Please let me know if I should resend it. (Note: resent with one additional file on May 22. No response as of today.)

On May 8, 2026, at 4:39 PM, Deborah Sumner wrote:

 

Please tell me the name of the person who conducted this review. In the past, I have been told a paralegal does the initial screening.

 

Thank you.

 

Debbie


On May 8, 2026, at 2:48 PM, DOJ: Invest Info <inves...@doj.nh.gov> wrote:

 

The Public Integrity Unit of the NH Attorney General’s Office is tasked with the investigation and prosecution of criminal wrongdoing committed by State officials acting in their official capacity.

 

After a review of your email and the attachments, the Public Integrity Unit has concluded that there is no reasonable suspicion to believe that further investigation would produce probable cause that a crime was committed.  

 

Accordingly, this office will take no further action.

 

Best Regards,

  

From: Deborah Sumner 
Sent: Friday, May 8, 2026 11:32 AM
To: DOJ: Invest Info <inves...@doj.nh.gov>; Kellermann, Alexander <ALEXANDER.J...@DOJ.NH.GOV>
Subject: Request for Investigation: Abusing Position of Public Trust/Perjury Allegation


I am submitting three PDF files providing evidence supporting my second allegation of David Scanlan intentionally, knowingly misleading a court, enabled by the Attorney General. (First was submitted Dec. 22, 2025 and I have not yet received any response. I will follow up with your office next week if I haven’t heard anything from you by then.)

 

Please let me know you have received this submission and if you need more information and/or have any questions.


Thank you.

Deborah Sumner
(contact info removed)

 

Attachments: 

26_PIU_8.pdf

26-Exhibit8.pdf

26-Exhibits5_8.pdf (too long to include here, see separate link  "26-perjury background"

26-PIU5_8.pdf
26-Exhibit8.pdf
Espiefs Statement.pdf
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