Moultonboro Flyer Flap Leads AG to Issue Order

UnuionLeader

By RAY CARBONE

New Hampshire Union Leader

Monday, Jul. 19, 2010

The New Hampshire Attorney General's office has issued a cease-and-desist order to five people, including a Moultonborough selectman and a former school board member, for their roles in distributing political flyers last year.

Assistant Attorney General Matthew Mavrogeorge said the five violated the state's election laws by failing to identify the flyer as "political advertising" and not including information identifying who was sending it out.

"(You) are hereby ordered to cease and desist from distributing any future political advertisement without first complying with the signature (identification) requirements contained in RSA 664:14," the order reads.

The flyer urged voters in March 2009 to turn down an article on town and school ballots regarding adoption of Senate Bill 2, which would replace town meeting with voters going to the polls on town election day. Voters turned down the SB2 idea at both the town and school district meetings. The district vote was 746-975, while the town vote was 704-975.

Selectman Karel Crawford and former Moultonborough School Board member and current Supervisor of the Checklist Laurie Whitley are cited by the Attorney General's Office. The three others are Lisa St. Amand, who has been a member of the town's Recreation Strategic Planning Group, Mary Ann McRae and Anita Blood.

Efforts to reach the five yesterday were unsuccessful.

According to the report, investigator Richard Valenti began looking into the issue last July after state officials received a formal complaint from resident Paul Punturieri. He charged that Whitley had violated RSA 664 by sending out the election flyers without identifying who was responsible for the material.

"It states at the bottom that the Selectmen, School Board and Advisory Budget Committee do not support SB2, but nowhere does it mention that she is a member of the School Board and running for office, nor that this flyer was not actually sent by the School Board, Selectmen or Advisory Board," the complaint reads.

In the interviews recorded in Valenti's report, none of the five reported knowingly sending out a flyer without their signature, but said that it was possible some flyers could have gone out unsigned. In his interview with Whitley, Valenti said she noted that "SB2 has been on the ballot two years in a row and it has come close to passing." Whitley said no town funds were used to mail the flyers.

Just days before the election, the flyers were criticized by the Moultonborough Citizens Alliance -- on whose website Punturieri identifies himself as a one-time member.

In his letter to the state, Punturieri said he feels as if voters did not get a fair chance to hear both sides of the issue before voting. Previous votes on SB2 in the town and school district have been close, (but) "I do not believe it was a fair fight (this time) as powers that be did not play by the rules."

Yesterday, School Board Chairman Mark Borrin said he would issue a formal statement this afternoon, but added he did not believe the report or the orders have anything to do with either the school board or the district.

"It never became an issue the board talked about," he said. "The issue involves individuals who are on the board, but it wasn't a board matter."