NH State Rep Candidate Investigated For Jokingly Encouraging Voter Fraud Via TikTok

CONCORD, NH — A state representative candidate who jokingly encouraged voters on TikTok from Massachusetts to drive up to New Hampshire to vote for her in November has been requested to take the video down after an investigation by the attorney general’s office.

Kathleen Cavalaro, a Democrat from Rochester running for the Strafford County District 6 seat, was contacted by investigators after a complaint was filed by Terese Grinnell, a nurse and Republican from Loudon, who is challenging Ted Gatsas for the District 4 Executive Council seat in the September primary.

After viewing the video, Cavalaro’s disclaimer that it was a joke based on past complaints by Republicans that busloads of voters from the Bay State are allowed to vote in New Hampshire elections, and interviewing her, the state requested she take the original video down. The attorney general’s office said Cavalaro was protected by the First Amendment. At the same time, it could be confusing to voters and could lead to a criminal act if a Massachusetts voter does what she jokingly encouraged people to do.

The state also has requested “Cavalaro use her social media platform(s) to clarify that registering to vote in New Hampshire requires that a person must be domiciled in New Hampshire.”

Cavalaro spoke about the investigation and posted a video three days ago on TikTok.

The state sent a letter to Cavalaro warning, too, that there were certain circumstances “where communication can constitute criminal solicitation for wrongfully” voting.

Cavalaro Closure Letter by NH Patch on Scribd

“Therefore,” Myles Matteson, the deputy general counsel for the election law unit, wrote, “soliciting individuals to vote where they are not qualified is a crime. As such, we note that it is very important that a speaker, who asserts that they are making a joke, ensure that the substance and context of a communication are very clear in showing that the communication is in jest.”

Grinnell was CC’d on the letter.

On Monday, Cavalaro said she was not going to take the video down.

“As they say, it is my choice and recently, I feel very compelled to exercise my choices for some reason,” she said. “Caving here would embolden Republicans to attempt the intimidation of other, less protected candidates.”

Cavalaro said state investigators confirmed there was no evidence showing buses coming into the state, interfering with the election.

“I also don’t think so little of people and so much of myself to believe that I can compel crime with a TikTok,” she said. “I promise I’m not that scary. They’re welcome to watch the video and decide for themselves. It’s B material, but it’s not bad.”

Cavalaro said she knew it was only a matter of time before Republicans went after her “in a dishonest way” when “I proved threatening to them” due to her “successful” organizing and fundraising prowess. One video, she said, going after Majority Leader Jason Osborne (R-Auburn) garnered nearly 60,000 views, she said. Even some Republicans, she said, agreed with her statement in the Massachusetts voter video that “Republicans are not funny,” Cavalaro said.

Cavalaro also attacked Grinnell for mischaracterizing the joke video and going after her, too.

“Whether or not she honestly believes people would travel hours to support one of nearly 800 candidates for state rep in a small ward, in a small city, only she can answer,” she said. “But, regardless of whether it was stupidity or dishonesty, she took action nonetheless and attempted to get the Republican Attorney General to charge me with a felony for making this joke, which would have landed me with heavy fines, possible jail time, and disqualification from office.”

Cavalaro is the only Democrat running for the Stafford County District 6 seat.

The seat is held by Republican state Rep. Clifford Newton, who is running for reelection.

Newton said the reprimand from the attorney general shows the state “takes voting seriously and every vote counts.” He added, “Any person who votes illegally in New Hampshire takes a vote away from a legal voter. That is 1, wrong and 2, not funny at all.”

Grinnell did not return an email requesting comment.

Concerns about Massachusetts voters casting ballots in New Hampshire were first raised in the late-1990s after same-day registration became law in the state.

Concerned voters, including the late Ed Naile, a conservative Democrat, raised issues about potential fraud after buses from Massachusetts were seen dropping off voters to cast ballots in Nashua. The pictures were explained away as buses that were rented.

The Legislature, including many Republican representatives, has attempted, for more than a decade, to tighten registration laws in the state, including the notorious “domicile loophole,” which allows anyone to claim, on the day of the election, they plan on living here and are allowed to vote, whether they are actual residents or not. Each and every time, Democrats and political interest groups connected to the party, have sued to overturn the laws.

Since that time, there have been dozens of voter fraud convictions, including a number of Massachusetts residents, who voted there and also in New Hampshire.

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