NH suit against political robocallers gets federal boost

Roberta Baker, The New Hampshire Union Leader, Manchester
·2 min read

Jul. 26—The U.S. Justice Department on Thursday supported the rights of organizations and individuals to sue robocall companies for calls that intimidate, threaten or coerce voters in violation of the federal Voting Rights Act, bolstering a New Hampshire lawsuit resulting from the presidential primary.

"Voter intimidation, whether carried out in person or by way of robocalls, disinformation campaigns, or other tactics, can stand as a significant barrier for voters seeking to exercise their voice in our democracy," stated Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "Every voter has the fundamental right to cast their ballot free from intimidation, threats and coercion."

Since the federal Voting Rights Act took effect in 1965, impacted voters, advocacy groups and organizations have been able to turn to the courts to enforce the ban on voter intimidation.

"Robocalls in particular can violate voting rights by incentivizing voters to remain away from the polls, deceive voters into believing false information and provoke fear among the targeted individuals. The U.S. Attorney's Office commends any private citizen willing to stand up against these aggressive tactics and exercise their rights to participate in the enforcement process for the Voting Rights Act," stated U.S. Attorney for New Hampshire Jane E. Young.

The federal Justice Department's support effectively bolsters the League of Women Voters of New Hampshire in its case against political consultant Steve Kramer and three Texas robocall companies, which allegedly used artificial intelligence to mimic President Joe Biden's voice telling New Hampshire Democrats not to vote in the 2024 presidential primary.

In February, state federal authorities sent cease-and-desist letters to two Texas companies and a CEO involved in placing "thousands" of robocalls that imitated Biden's voice to discourage turnout for the Democratic primary.

"That's a level of deception we have not seen before," New Hampshire Attorney General John Formella said earlier this year, referring to the voice replication.

A conviction for violation of the state's voter suppression law is a Class B felony punishable by up to a seven-year prison term.

"We want to send a strong message of deterrence to any person or entity that would seek to undermine our elections through AI or any other means," Formella said.

"Disinformation aimed at suppressing voting and deliberately undermining free and fair elections is an unacceptable threat, and we commend the New Hampshire attorney general for taking the matter seriously and moving swiftly as a powerful example against further efforts to disrupt democratic elections," Julie Chavez Rodriguez, Biden-Harris campaign manager at the time, said in a statement supporting the AG.